(a)
The city council makes the following findings with regard to sexually oriented establishments:
(1)
Tex. Loc. Gov’t Code, sections 51.001, 54.001, 211.001 and 211.003, authorize general-law cities to license any lawful business, occupation or calling that is susceptible to the control of the police power;
(2)
Tex. Loc. Gov’t Code, sections 51.001, 54.001, 211.001 and 211.003, authorize general-law cities to enforce all ordinances necessary to protect health, life and property, and to preserve the good government, order and security of such cities and their inhabitants;
(3)
Sexually oriented businesses require special supervision from the public safety agencies of the city in order to protect and preserve the health, safety and welfare of the patrons of the businesses, as well as the citizens of the city;
(4)
The city council finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;
(5)
The concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens;
(6)
Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation;
(7)
There is convincing documented evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the downgrading of property values;
(8)
The city council further finds that the police in numerous other jurisdictions have made a substantial number of arrests for sexually related crimes in sexually oriented business establishments;
(9)
It is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent areas; and
(10)
The city council desires to minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods, deter the spread of urban blight, protect the citizens from increased crime, preserve the quality of life and protect the health, safety and welfare of the citizenry.
(b)
The city council makes the following findings with regard to the licensing of sexually oriented business establishments:
(1)
The city council believes it in the interest of the public safety and welfare to prohibit persons convicted of certain crimes from engaging in the occupation of operating a sexually oriented business.
(2)
The city council, in accordance with Tex. Loc. Gov’t Code, chapter 243, has considered the following criteria:
(A)
The nature and seriousness of the crimes;
(B)
The relationship of the crimes to the purposes for requiring a license to engage in the occupation;
(C)
The extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and
(D)
The relationship of the crimes to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of the licensed occupation, and has determined that the crimes listed in section 4.06.042 are serious crimes which are directly related to the duties and responsibilities of the occupation of operating a sexually oriented business.
(i)
The city council has further determined that the very nature of the occupation of operating a sexually oriented business brings a person [into] contact with persons interested in sexually oriented materials and activities, thereby giving the person repeated opportunities to commit offenses against public order and decency or crimes against the public health, safety or morals should he or she be so inclined.
(ii)
Thus, it is the opinion of the city council that the listed crimes render a person unable, incompetent and unfit to perform the duties and responsibilities accompanying the operation of a sexually oriented business in a manner that would promote the public safety and trust.
(2004 Code, sec. 113.01)