(a)
This
article is hereby adopted by the city council, acting in its capacity
as the governing body of city. These regulations are promulgated pursuant
to and in conformity with chapter 243 of the Texas Local Government
Code, as amended.
(b)
In adopting
this article, the city council takes notice of and considers the legislative
history of chapter 243 of the Texas Local Government Code, as well
as other relevant data, similar studies performed by other counties
and municipalities within the state, and reports of related criminal
activity as set forth in public records and documented by the city’s
police department - chief of police’s office.
(c)
This
article is intended to minimize and control the adverse secondary
effects associated with sexually oriented businesses and thereby protect
the public’s health, safety, and welfare. This article is not
intended to limit or restrict the content of any communicative material,
including sexually oriented material. Similarly, this article is not
intended to restrict or deny consenting adults access to sexually
oriented material that is otherwise protected by the First Amendment,
or to deny the distributors or retailers of sexually oriented materials
access to their intended market.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
As used in this article:
A place where people regularly assemble for activities intended
primarily for purposes connected with religious worship or for propagating
a particular form of religious belief.
A customer or financial supporter of a sexually oriented
business.
An infectious disease transmissible (from one person to another
person) by direct contact with an infected person and/or the infected
person’s discharges and/or by indirect means of the disease,
and such communicable diseases are listed by the Texas Health and
Safety Code chapter 81.
Any person, whether an employee or independent contractor,
who engages in an act or performance, such as a play, skit, reading,
revue, fashion show, modeling performance, pantomime, role playing,
encounter session, scene, song, dance, musical rendition or striptease,
that involves the display or exposure of specified sexual activities
or specified anatomical areas.
A significant threat or danger to the health of patrons that
patronize sexually oriented businesses due to contact with an entertainer
or non-entertainer.
A person in whose name a license to operate a sexually oriented
business had been issued, as well as the individual listed as an applicant
on the application for a license.
The appearance of a human bare buttock, anus, genitalia,
pubic region, or breast.
A customer or financial supporter of a sexually oriented
business.
Includes an individual, patron, client, proprietorship, partnership,
corporation, association, and/or other legal entity.
Clothed in a manner that leaves uncovered or visible through
less than fully opaque clothing any portion of the breasts below the
top of the areola of the breasts, if the person is female or male,
or any portion of the genitals or buttocks.
Includes:
Any touching of any part of the genitalia or anus;
Any touching of the breasts or areolas of a female without the
written consent of the female;
Any offer or agreement to engage in any sexual activity with
an entertainer;
Kissing without the consent of both persons;
Deviate sexual intercourse, sexual contact, sexual intercourse,
indecent exposure, sexual assault, prostitution, and promotions of
prostitution as described in chapters 21, 22, and 43, Penal Code,
or any offer or agreement to engage in such activities;
Any behavior, gesture, or expression that may reasonably be
interpreted as inappropriately seductive or sexual; or
Inappropriate sexual comments about or to a client, including
sexual comments about a person’s body.
A sex parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video arcade, adult movie
arcade, adult video store, adult motel, or other commercial enterprise
the primary business of which is the offering of a service or the
selling, renting, or exhibiting of devices or any other items intended
to provide sexual stimulation or sexual gratification to the customer.
The term includes but is not limited to the following:
Adult bookstore or adult video store.
(i)
(ii)
A commercial establishment which as one of its principal
business purpose, offers for sale or rent, any one (1) or more of
the following:
Books, magazines, periodicals or other printed material, or
photographs, films, motion pictures, video cassettes or reproductions,
slides, or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
Adult cabaret.
(i)
(ii)
(iii)
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depictions of descriptions
of specified sexual activities or specified anatomical areas.
Adult movie arcade or adult video arcade.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled image-producing devices are maintained to
show images displayed are distinguished or characterized by the depicting
or describing of specific sexual activities or specified anatomical
areas.
Adult movie theater.
A commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic reproductions are
regularly shown and are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
Adult theater.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
Love parlor or sex parlor.
A business establishment that allows a person to engage in
sexual contact or perform specified sexual activities for compensation.
Nude studio or modeling studio.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas to be observed, sketched, drawn,
painted, sculpted, photographed, or similarly depicted by other persons
who pay money or any form of consideration.
The term excludes:
Any business operated by or employing licensed psychologist,
licensed physical therapists, licensed athletic trainers, licensed
cosmetologist, or licensed barbers performing functions under the
licensed held;
Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts; and
Any retail establishment whose primary business is the offering
of wearing apparel for sale to customers.
Includes the human genitals, anus, pubic region, areolas,
and any part of the female/male breast.
Includes any of the following:
Appearing nude or semi-nude.
A twenty-five percent (25%) increase in floor area occupied
by the business as measured from the date the effective license was
issued.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A person
commits an offense, if he/she operates a sexually oriented business
without a valid license issued pursuant to the terms of this article.
(b)
An application
for a sexually oriented business license must be made on a form provided
by the chief of police. The application must be accompanied by a sketch
or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but must be drawn
to designated scale or marked with dimensions of the interior of the
premises to an accuracy of six inches.
(c)
The
applicant must be qualified according to the provisions of this article,
and the premises must be inspected and found to be in compliance with
the law by the county health department, chief of police or his designee,
and fire marshal within twenty-one (21) days after receipt of any
application.
(d)
If the applicant is an individual, he/she must sign the application in his/her individual capacity. If the applicant is an entity, each individual holding at least a twenty percent (20%) interest in the business entity must sign the application. Each applicant must be qualified under section 4-5-4 and each applicant shall be considered a licensee if a license is granted.
(e)
The
fact that a person possesses a valid theater license, dance hall license,
or public house of amusement license does not exempt him for the requirement
of obtaining a sexually oriented business license. A person who operates
a sexually oriented business and possesses a theater license, public
house of amusement license or dance hall license shall comply with
the requirements and provisions of this section.
(f)
All
employees shall be issued a license if they work in a sexually oriented
business regardless of the job they perform, such as bartender, bouncer,
janitor, etc.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
The
chief of police of the city police department shall approve or deny
the issuance of a license within thirty (30) days after receipt of
an application. The chief of police, or his designee, shall approve
the issuance of a license unless he finds one or more of the following
to be true:
(1)
An
applicant is under 21 years of age;
(2)
An
applicant is overdue in his/her payment to the city for taxes; fees,
including the license fee required by this chapter; fines; or penalties
assessed against him/her or imposed upon him/her in relation to a
sexually oriented business. The designee for the chief of police shall
make this determination and report the findings to the chief of police
within thirty (30) days from the date the application is filed;
(3)
An
applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request
for information on the application form;
(4)
An
applicant has been convicted of violating a provision of this article,
other than the offense of operating a sexually oriented business without
a license, within two (2) years immediately preceding the application.
The chief of police, or his designee, shall make this determination
and report his findings within thirty (30) days from the time the
application is filed.
(5)
The
premises to be used for the sexually oriented business have not been
approved by the county health department, chief of police or his designee,
or fire marshal as being in compliance with the applicable laws and
regulations. Reports of compliance or non-compliance with this article
must be completed by the chief of police or his designee within thirty
(30) days from the time the application filed.
(6)
An
application of the proposed establishment is in violation of or is
not in compliance with any section of this article.
(7)
An
applicant has been convicted of a crime:
(A)
Involving:
(i)
Any of the following offenses as set forth in chapter 43 of the Texas
Penal Code:
a.
Prostitution;
b.
Promotion of prostitution;
c.
Aggravated promotion of prostitution;
d.
Compelling prostitution;
e.
Obscenity;
f.
Sale, distribution, or display of harmful material to a minor;
g.
Sexual performance by a child;
h.
An employment harmful to children;
i.
Possession or promotion of child pornography;
(iii)
Sexual assault or aggravated sexual assault as described in
chapter 22 of the Texas Penal Code; or
(iv)
Prohibited sexual conduct, solicitation of a child, or harboring
a runaway child as set forth in chapter 25 of the Texas Penal Code;
(v)
Trafficking of persons as set forth in chapter 20A of the Texas Penal
Code.
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is later, if the conviction is of a misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is later, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement imposed for
the last conviction, whichever is later, if the convictions are of
two or more misdemeanor offenses or combination of misdemeanor offenses
occurring within a 24 month period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualifications of the applicant.
(c)
An applicant who has been convicted of an offense listed in subsection (a)(7)(A) of this section, for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a sexually oriented business license only if the chief of police, or his designee, determines that the applicant is presently fit to operate a sexually oriented business. In determining an applicant’s present fitness under this section, the chief of police, or his designee, shall consider the following factors:
(1)
The
extent and nature of the applicant’s past criminal activity;
(2)
The
applicant’s age at the time of the commission of the crime;
(3)
The
amount of time that has elapsed since the applicant’s last criminal
activity;
(4)
The
applicant’s conduct and work activity prior to and following
the related criminal activity;
(5)
Evidence
of the applicant’s rehabilitation or rehabilitative efforts
while incarcerated or following release; and
(6)
Other
evidence of the applicant’s present fitness, including letters
of recommendation from attorneys, law enforcement officials, and correctional
officers who prosecuted, arrested, or had custodial responsibility
for him, as well as other persons in the community.
(d)
It is the responsibility of the applicant, to the extent possible, to secure and provide to the chief of police, or his designee, with the evidence required to determine his present fitness under subsection (c) of this section.
(e)
The
license, if granted, shall, on its face, state the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business. The license shall be posted in
a conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
(f)
In the
event the chief of police, or his designee, has not approved or denied
the issuance of the license within thirty (30) days from the filing
of the application, the chief of police shall issue the license.
(g)
The
sexually oriented business shall obtain its license to serve food
and drink from the county health department.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
Texas
Business and Commerce Code title 5, subtitle C, chapter 102, subchapter
C, notice requirements on premises of sexually oriented businesses.
(b)
In addition
to the state law, the city requires an additional sign referencing
human trafficking be placed in conspicuous places throughout the premises
and must state as follows:
(1)
Signs
must be eleven (11) inches by seven (7) inches, plastic or metal;
(3)
The
signs must be in English and Spanish with the following definitions
with a minimum font size of 28 bold on plastic or metal:
|
WHAT IS HUMAN TRAFFICKING?
|
|
Human trafficking is a form of modern day slavery. This crime
occurs when a trafficker uses force, fraud, and/or coercion to control
another person for the purpose of engaging in commercial sex acts
or soliciting labor or services against his/her will. Force, fraud,
or coercion need not be present if the individual engaging in commercial
sex under eighteen (18) years of age.
|
|
Call the National Human Trafficking Resource Center 1-888-373-7888
or the Odessa Police Department at 432-333-3641.
|
|
¿QUÉ ES LA TRATA DE PERSONAS?
|
|
La trata de personas es una forma de esclavitud moderna. Este
delito ocurre cuando un traficante utiliza la fuerza, el fraude y/o
la exigencia para controlar a otra persona con el propósito
de participar en actos sexuales comerciales o solicitar trabajo o
servicios contra su voluntad. La fuerza, el fraude o la exigencia
no tienen que estar presente si la persona que participa en relaciones
sexuales comerciales es menor de dieciocho (18) años de edad.
|
|
Llame al Centro Nacional de Recursos Para la Trata de Personas
1-888-373-7888 o al Departamento de Policía de Odessa 432-333-3641.
|
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
Any
person, partnership, firm, association, or corporation desiring to
obtain a sexually oriented business license shall apply to the department
of billing and collections for the city, who shall refer each application
to the chief of police, or his designee, for appropriate investigation.
(b)
Each
application shall be accompanied by the bond five thousand dollars
($5,000.00) required by this article and a nonrefundable application
fee of fifteen hundred dollars ($1,500.00), which is required to defray
the actual costs of processing said license application, and which
fee reflects the actual cost of processing the permit application
in accordance with section 243.009 of the Local Government Code. The
granting of a license under this article shall not be deemed evidence
or proof that the license holder has complied with requirements and
provisions of any other ordinances.
(c)
No portion
of any fee collected under this section shall be returned after a
license has been issued or refused. Each license shall be effective
when issued and shall expire one year from the date of issue as shown
on the face of the license.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
An applicant
shall file with the department of billing and collections a typed
and fully completed application, including all attachments or submissions
as may be required. The application should contain the following information
and material:
(1)
The
date of birth and full legal name, including any and all names by
which the person has been known during the last five (5) years, of
the applicant.
(2)
If
the applicant is a corporation, the exact corporate name, state of
incorporation and principal place of business for the corporation.
(3)
If
the applicant is an individual, his or her current address.
(4)
The
applicant’s prior two (2) addresses or principal place of business
immediately preceding the present address, and the dates of residency
at each address.
(5)
The
street address at which the applicant will conduct the sexually oriented
business activity, and the name under which the business will be conducted.
(6)
A
description of the sexually oriented business to be operated by the
applicant, including a description of any service to be provided or
a generic description of product to be sold, rented, or utilized which
qualifies the business as a sexually oriented business.
(7)
The
telephone number(s) of the sexually oriented business.
(8)
The
legal description of the parcel of land on which the sexually oriented
business is to be located. The application shall include legible and
complete copies of the recorded record establishing current ownership
of the parcel.
(A)
If the applicant is not the owner of record of the parcel, the application
shall include a complete and legible copy of the lease, if any, and
such other documentation as may be necessary to show that the applicant
has the legal right to occupy and use the premises for the purposes
described in the application.
(9)
The
date on which the applicant became owner of the business for which
a license is sought, and the date on which the business began operations
at the location for which a license is sought.
(10)
Written proof that the applicant is at least twenty-one (21) years
of age.
(11)
The height, weight, and color of hair and eyes of the applicant.
(12)
Two (2) portrait photographs, at least two inches by two inches (2"
x 2") in size, taken by the city’s police department within
thirty (30) days of the application.
(13)
The employment history of the applicant, going back five (5) years
from the date of application, setting forth the name, telephone number
and address for each employer, nature of employment, and the dates
of employment. A complete and accurate description of previous self-employment
shall be included.
(14)
All felony and misdemeanor convictions of the applicant involving any of the offenses described in section 4-5-4(a)(7).
(15)
A complete set of fingerprints of the applicant as recorded by the
city’s police department.
(16)
The name, including any aliases and stage names by which the person
has been known during the last five (5) years; date of birth; current
residence address; and a clear, legible copy of a current photo identification
of each person employed or intended to be employed by the applicant
in the sexually oriented business.
(17)
Such other information and identification as the chief of police,
or his designee, may require in order to establish the truth of the
matters required to be set forth in the application.
(18)
A written statement signed by the applicant stating that: He/she
has read all of the provisions of this article relating to the operation
of a sexually oriented business; that he/she has had the opportunity
to review the same with such counsel as he/she has deemed desirable
and that he/she understands the same; that he/she has a continuing
duty to report any change in the status of information submitted in
the application; and that he/she intends to operate a sexually oriented
business as defined in and regulated by this code.
(19)
The name and local address of each individual who will manage, direct,
or control the premises and operations of the permitted establishment
or venture.
(20)
The application shall be signed and verified by each applicant that
the information contained therein, including each attachment or enclosure,
is true and correct.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(b)
A surety
bond, letter of credit, or other approved surety in the amount of
five thousand dollars ($5,000.00). The bond shall be executed and
acknowledged by the license holder as principal and by a corporation
licensed to transact fidelity and surety business in the state as
surety. The bond shall be continuous in form and run concurrently
with the license period, and shall be in favor of the city for the
benefit of any person injured by any act of the principal or the principals’
agent or employee, and shall be subject to claim by any person injured
thereby.
(c)
A certified
copy of the assumed name certificate filed in compliance with the
Assumed Business or Professional Name Act (Texas Revised Civil Statutes
Annotated, Business and Commerce Code, chapter 36) if the applicant
is to operate the business under an assumed name.
(d)
If the
applicant is a state corporation, a certified copy of the articles
of incorporation, together with all amendments thereto.
(e)
If the
applicant is a foreign corporation, a certified copy of the certificate
of authority to transact business in this state, together with all
amendments thereto.
(f)
If applicant
is a limited partnership formed under the laws of the state, a certified
copy of the certificate of limited partnership, together with all
amendments thereto, filed in the office of the secretary of state
under the Texas Limited Partnership Act (article 6132a-l, Vernon’s
Texas Civil Statutes).
(g)
If the
applicant is a foreign limited partnership, a certified copy of the
certificate of a limited partnership and the qualification documents,
together with all amendments thereto, filed in the office of the secretary
of state under the Texas Limited Partnership Act (article 6132a-1,
Vernon’s Texas Civil Statutes).
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
The
fee, original and renewal, for a sexually oriented business license
is fifteen hundred dollars ($1,500.00) and must be renewed annually.
(b)
The
annual fee for non-entertainers of a sexually oriented business is
fifty dollars ($50.00) and must be renewed annually.
(c)
The
annual fee for entertainers of a sexually oriented business is fifty
dollars ($50.00) and must be renewed annually.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A person
seeking an entertainer permit must apply by submitting an application
to the chief of police, or his designee. An application may be obtained
at the city’s police department - records.
(b)
Once
the chief of police has received the application, it will be reviewed
and approved or denied within fifteen (15) days from the date the
chief of police receives the application. After the application has
been approved or denied, a written notice shall be sent to the applicant
by the chief of police, or his designee, and the referring business.
(c)
The
application should contain the following information and material:
(1)
The date of birth and full legal name, including any and all names
(any aliases and stage names) by which the person has been known during
the last five (5) years, of the applicant;
(2)
The applicant’s prior two (2) addresses and current address;
(3)
The telephone number(s) of the applicant;
(4)
Written proof that the applicant is at least twenty-one (21) years
of age;
(5)
The height, weight, and color of hair and eyes of the applicant;
(6)
Two (2) portrait photographs, at least two inches by two inches (2"
x 2") in size, taken within thirty (30) days of the date of the application,
of the applicant;
(7)
The employment history of the applicant, going back five (5) years
from the date of application, setting forth the name, telephone number
and address for each employer, nature of employment, and the dates
of employment. A complete and accurate description of previous self-employment
shall be included;
(8)
All felony and misdemeanor convictions of the applicant, involving any of the offenses described in subsection (d)(4);
(9)
A complete set of fingerprints of the applicant as recorded by the
city’s police department;
(10)
Such other information and identification as the chief of police,
or his designee, may require in order to establish the truth of the
matters required to be set forth in the application;
(11)
A written statement signed by the applicant stating that: He/she
has read all of the provisions of this article relating to the entertainer
permit; that he/she has had the opportunity to review the same with
such counsel as he/she has deemed desirable and that he/she understands
the same; that he/she has a continuing duty to report any change in
the status of information submitted in the application; and that he/she
intends to work in the sexually oriented business as defined in and
regulated by this code.
(d)
The
chief of police, or his designee, shall approve the issuance of a
permit unless it is found that one or more of the following to be
true:
(1)
An applicant is under 21 years of age;
(2)
Reserved;
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the permit or has falsely answered a question or request
for information on the application form;
(4)
An applicant has been convicted of a crime:
(A)
Involving:
(i)
Any of the following offenses as set forth in chapter 43 of the Texas
Penal Code:
a.
Prostitution;
b.
Promotion of prostitution;
c.
Aggravated promotion of prostitution;
d.
Compelling prostitution;
e.
Obscenity;
f.
Sale, distribution, or display of harmful material to a minor;
g.
Sexual performance by a child;
h.
An employment harmful to children;
i.
Possession or promotion of child pornography;
(iii)
Sexual assault or aggravated sexual assault as described in
chapter 22 of the Texas Penal Code;
(iv)
Prohibited sexual conduct, solicitation of a child, or harboring
a runaway child as set forth in chapter 25 of the Texas Penal Code;
and/or
(v)
Trafficking of a person as set forth in chapter 20A of the Texas
Penal Code.
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is later, if the conviction is of a misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is later, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement imposed for
the last conviction, whichever is later, if the convictions are of
two or more misdemeanor offenses or combination of misdemeanor offenses
occurring within a 24 month period.
(e)
The
applicant shall not be allowed to work at the business while waiting
on the chief of police to issue the license. In the event the applicant
is denied a license and was allowed to work by the business, the business
shall be fined $500.00.
(f)
All
employees, entertainers and non-entertainers, will have in plain view
their sexually oriented business license, displayed on their person.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
An
applicant or licensee shall permit representatives of the chief of
police, or his designee, county health department, city’s fire
rescue and fire marshal to inspect the premises of a sexually oriented
business for the purpose of insuring compliance with the law and this
article, at any time it is occupied or open for business.
(b)
A person
who operates a sexually oriented business, or his/her agent or employee,
commits an offense under this article if he/she refuses to permit
a lawful inspection of the premises by a representative of the chief
of police, or his designee, county health department, or fire marshal
at any time it is occupied or open for business.
(c)
The
sexually oriented business shall conduct sanitary inspections that
are necessary to mitigate outbreaks from communicable diseases and
food-borne disease to protect the patron’s health.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
Each sexually oriented business license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 4-5-3. If application for renewal of a valid license is made thirty (30) days prior to the expiration date, the enterprise may continue to operate pending the inspection period.
(b)
When
the chief of police, or his designee, denies renewal of a license,
the applicant may reapply after ninety (90) days. If the chief of
police later discovers that the basis for denial has been corrected
or otherwise abated, the applicant may be granted a license if at
least 90 days have elapsed since the date denial became final.
(c)
The
applicant shall have a continuing duty, during the term of renewal,
to notify the chief of police’s office of any change in the
status of any information required to be submitted on the application
for the license.
(d)
The
notices required by this section shall be given in writing, signed
by the applicant, and delivered or postmarked to the chief of police,
or his designee, within thirty (30) days of the change in status,
unless otherwise specifically provided for.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
The chief of police, or his designee, shall suspend a license
for a period not to exceed thirty (30) days if he determines that
a licensee or an agent or employee of a licensee has:
(1)
Violated
or is not in compliance with any section of this article;
(2)
Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article.
(3)
Demonstrated
an inability to operate or manage a sexually oriented business in
a peaceful and law-abiding manner thus necessitating action by law
enforcement officers.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
The chief of police, or his designee, shall revoke a license if a cause for suspension as set forth in section 4-5-13 occurs and the license had been suspended within the preceding twelve (12) months.
(b)
The
chief of police, or his designee, shall revoke a license if he determines
that:
(1)
A licensee gave false or misleading information in the material submitted
to the chief of police during the application process;
(2)
A licensee or any employee has knowingly allowed the possession,
use, or sale of a controlled substances on the premises;
(3)
A licensee or an employee knowingly allowed prostitution on the premises;
(4)
A licensee or any employee knowingly operated the sexually oriented
business during a period of time when the sexually oriented business
license was suspended;
(5)
A licensee has been convicted of an offense listed in section 4-5-4(7)(A)
and the requisite time period has not elapsed;
(6)
On two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premise of a crime listed in section 4-5-4(a)(7)(A), for which a conviction has been obtained, and the persons or persons were employees of the sexually oriented business at the time the offenses were committed.
(7)
A licensee or an employee knowingly allowed any specified sexual
activity to occur in or on the licensed premises.
(8)
A licensee is delinquent in payment to the city for ad valorem taxes,
or any other taxes related to the sexually oriented business.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
When the chief of police, or his designee, revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date of revocation. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under section 4-5-4(a)(7)(B) has elapsed.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
The
city council shall appoint a license appeal board. This board shall
consist of seven (7) members. The mayor shall appoint one member at
large, the at-large councilmember shall appoint one member at large,
and the remaining city councilmembers shall appoint one member to
serve on the board from their respective districts. The initial board
shall consist of seven members with a three (3) year term appointed
by the city councilmembers representing a district while the two members
appointed by the mayor and at-large councilmember shall be appointed
for two (2) years. Thereafter, each member appointed shall serve a
two-year term. The members shall be citizens of the city who have
no conflict of interest with any of the matters to be considered by
the license appeal board. The board shall convene within thirty (30)
days of its initial selection for the purpose of electing a chairperson.
The board shall meet every six (6) months on a convenient date to
hear appeals.
(b)
If
the chief of police, or his designee, denies the issuance of a license,
or suspends or revokes a license, he/she shall send to the applicant
or licensee, by certified mail, return receipt request, written notice
of his action and the right to an appeal. An appeal may be filed by
giving written notice of the aggrieved party’s intent to appeal
to the license appeals board for the city, within thirty (30) days
of the receipt of the notice that a license should be denied, suspended,
or revoked. The license appeal board shall convene within twenty (20)
days of its receipt of written notice of appeal with a quorum of at
least four (4) members. The board may hear evidence from any interested
party. The appeal board shall make a determination either affirming
the chief of police’s decision or reversing the chief of police’s
decision at the close of the hearing.
(c)
The
filing of a notice of appeal as directed above shall stay the denial,
suspension, or revocation of a license pending the determination of
the license appeal board. If the appeal board affirms the chief of
police’s decision, any time that accrues on the suspension or
revocation before appeal is filed pursuant to this section shall be
credited against the original period of suspension or revocation.
The remaining period of suspension of revocation shall commence on
the appeal board’s determination to affirm the chief of police’s
decision.
(d)
The
aggrieved party may appeal the decision of the license appeal board
to the city municipal court on a trial de novo basis. Filing an appeal
in city municipal court stays the decision of the appeal board in
suspending or revoking a license until the city municipal court makes
a final decision. All decisions of the license appeal board become
final within thirty (30) days, if no appeal has been filed with the
city municipal court.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A sexually
oriented business license becomes null and void upon transfer by the
licensee unless the new, proposed licensee’s application has
been approved by the chief of police.
(b)
A person
commits an offense, if he/she operates a sexually oriented business
with a license issued to a different licensee or designating a different
location.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(b)
A person
commits an offense if he/she operates a sexually oriented business
or causes or allows the substantial enlargement of a sexually oriented
business within 600 feet of another sexually oriented business.
(c)
A person
commits an offense if he/she causes or permits the operation, establishment,
or maintenance of more than one sexually oriented business in the
same building, structure, or portion thereof, containing another sexually
oriented business.
(d)
For the purpose of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises if a church or a public or private elementary or secondary school, or to the nearest boundary of an affected public park, or lot containing residences.
(e)
For purpose of subsection (b), the distance between any two sexually oriented business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f)
Any sexual oriented business lawfully operating on the effective date of this article that is in violation of subsections (a), (b), or (c) of this section, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless the business transfers ownership or control of the licensed premises to another person or entity, unless the new proposed licensee’s application has been approved by the chief of police, or otherwise discontinues business operations for a period of thirty (30) days or more, except as a result of force majeure. Such nonconforming use shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 600 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later- established business is the nonconforming use.
(g)
A sexually
oriented business lawfully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal
of the sexually oriented business licenses, of a church, public or
private elementary or secondary school, public park, or lot containing
a residence within 1,500 feet of the sexually oriented business. This
provision applies only to the renewal of a valid license, and does
not apply when the application for a license is submitted after a
license has expired or has been revoked.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
lf the chief of police, or his designee, denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4-5-16 of this article, the applicant may, no later than ten (10) calendar days from receiving notice of the denial, file a written request for an exemption from the location restrictions of section 4-5-16 with the city municipal court.
(b)
If the written request is filed with the city manager within the ten (10) day limit, the permit and license appeal board, selected in accordance with section 4-5-15 of this article, shall consider the request. The city manager shall set a date for the hearing within sixty (60) days from the date the written request is received.
(c)
A hearing
by the board may proceed if at least four (4) of the board members
are present. The board shall hear and consider evidence offered by
any interested person. The formal rules of evidence do not apply.
(d)
The permit and license appeal board may, in its discretion, grant an exemption from the locational restriction of section 4-5-17(a) if it finds that:
(1)
The sexually oriented business will not have a detrimental effect
on nearby properties or otherwise negatively affect the public health,
safety, and welfare;
(2)
That the location of the proposed sexually oriented business will
not decrease the surrounding property values, downgrade the quality
of life in the adjacent areas, or contribute to urban blight;
(3)
The location of an additional sexually oriented business in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any efforts of urban renewal or restoration;
and
(4)
All other applicable provisions of this article will be observed.
(e)
The
board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote shall result in denial of the exemption.
Disputes of fact shall be decided on the basis of a preponderance
of the evidence. The decision of the permit and license appeal board
is final.
(f)
If the board grants the exemption, the exemption is valid for one year from the date of the board’s decision. Upon the expiration of such exemption, the sexually oriented business is in violation of the location restriction of section 4-5-17(a) until the applicant applies for and receives another exemption.
(g)
If
the board denies the exemption, the applicant may not re-apply for
an exemption until at least 12 months have elapsed from the date of
the board’s decision.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
No
person performing nude, as defined in this article, at an adult cabaret
shall do so less than six (6) feet from the nearest patron and on
a stage less than eighteen (18) inches above floor level.
(b)
No
owner or operator shall allow any location within the adult cabaret
to be used for the purpose of live nude exhibitions unless it is marked
with clear indications of the six (6) foot zone. The absence of this
demarcation will create a presumption that there have been violations
of these regulations during performances in the unmarked area.
(c)
No
person shall offer or accept a gratuity at the adult cabaret unless
it is done pursuant to this section.
(1)
Gratuities being offered to any person performing on a stage must
be placed in a receptacle provided for receipt of gratuities.
(2)
Gratuities being offered to any employee in or about the non-stage
area of the adult cabaret shall be placed into the hand of the employee
or into a receptacle provided by the employee.
(3)
An operator or his agents or employees commits an offense by allowing
a patron to place a gratuity on the person or into the clothing of
an employee.
(d)
If
the premises contains two or more separate areas, the operator shall
maintain each room with at least one wall or door equipped with clear
windows or openings of at least three feet in width and two feet in
height located no less than three feet above the floor but no less
than two feet below the ceiling for viewing into the entire area and
all activity therein. An operator commits an offense under this section
if he knowingly fails to fulfill this duty.
(e)
All
areas of the sexually operated business must lighted for the health
and safety of the entertainers and patrons. The private dance rooms
shall be lighted in such a way that patrons may see where they are
walking at all times.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
(b)
A person
under the age of eighteen (18) years commits an offense if he/she
appears in a state of nudity in or on the premises of a nude studio
or model studio. It is a defense to prosecution under this subsection
if the person under eighteen (18) years was in a restroom not open
to public view or persons of the opposite sex.
(c)
A person
commits an offense if he/she appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude
studio or model studio, which can be viewed from the public right-of-way.
(d)
A nude
studio or model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A person
commits an offense if he/she knowingly allows a person under the age
of eighteen (18) years to appear in a state of nudity in or on the
premises of an adult theater or adult motion picture theater.
(b)
A person
under the age of eighteen (18) years commits an offense if he/she
knowingly appears in a state of nudity in or on the premises of an
adult theater or adult motion picture theater.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A person
who operates or causes to be operated a sexually oriented business
which exhibits on the premises in a viewing room of less than 150
square feet of floor space, a film, video cassette, or other video
reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
(1)
Upon applications for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager’s stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager’s station may not exceed thirty-two (32) square feet
of floor area. The diagram shall also designate the place at which
the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer’s or architect’s
blueprint shall not be required; however each diagram should be oriented
to the north or to some designated street or object and should be
drawn to designated scale or with marked dimensions sufficient to
show the various internal measurements within six (6) inches. The
chief of police, or his designee, may waive the foregoing diagram
for renewal applications if the applicant adopts a diagram that was
previously submitted and certified that the configuration of the premises
had not been altered since it was prepared.
(2)
The application shall be sworn to and be corrected by the applicant.
(3)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the chief of police,
or his designee.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one licensed employee is on duty and situated in each
manager’s station at all times that any patron is present inside
the premises.
(5)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager’s station
of every area of the premises to which any patron is permitted access
for any purpose excluding restrooms. Restrooms may not contain reproduction
equipment. If the premises has two or more manager’s stations
designated, then the interior of the premises shall be deemed open
to any patron who is permitted access for any purpose from at least
one line of sight from the manager’s station.
(6)
It shall be the duty of the owners, and operator, and any agents and employees present in the premises, to ensure that the viewing area specified in Subsection (5) remains unobstructed by any doors, walls, merchandise, display racks, or other materials and that patrons are never present in the area which has been designated as an area in which patrons will not be permitted access in the application filed pursuant to subsection (a)(1) of this section.
(7)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access. An illumination described above, is maintained at
all times that any patron is present in the premises.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
A person
commits an offense if, in a business establishment licensed or required
to be licensed under this article, he displays a book, pamphlet, newspaper,
magazine, film, or video cassette, the cover of which depicts specified
sexual activities or specified anatomical areas, that can be viewed
by minor.
(b)
For
the purposes of this section, “display” means to locate
an item is such a manner that, without obtaining assistance from an
employee of the business establishment:
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
(a)
The
violation of any provision of this article, whether it be an act or
omission, is a misdemeanor and shall be punished as provided by section
243.010(b) of the Texas Local Government Code, as amended. Each day
a violation continues shall constitute and be punishable as a separate
offense.
(b)
The
revocation or suspensions of any license shall not prohibit the imposition
of a criminal penalty, and the imposition of a criminal penalty shall
not prevent the revocation or suspension of a license.
(c)
The
violation of any provision of this article is a class A misdemeanor.
(d)
It is a defense to prosecution under sections 4-5-3, 4-5-16, or 4-5-19 that a person appearing in state of nudity did so in modeling class operated:
(1)
By a proprietary school licensed by the state; or a college, junior
college, or university supported entirely or partly by taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and
no other advertising that indicated a nude person is available for
viewing; and
(B)
Where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
The city attorney, or his/her assigns, shall bring suit in district
court to enjoin the operation of an enterprise without a valid license.
However, nothing in this section shall prevent the enforcement of
the Penal Code of the state pending issuance of the injunction by
the court.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
Any section of this article may be amended by a majority vote
of the city council.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
All persons required by this article to obtain a sexually oriented
business license are hereby granted a grace period, beginning the
effective date of this article and ending ninety (90) days from the
effective date of this article.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
This article becomes effective immediately upon its passage
by the city council.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
Should any section, clause or provision of this article by declared
by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of this article, or any other ordinance of
order of the city council as a whole or any part thereof, other than
the part so declared to be invalid.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
This article applies only to the city within its city limits.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
The terms, provisions, and conditions of this article are severable.
If any provision of this article is held to be illegal, invalid or
unenforceable under present or future laws effective during the term
hereof, such provisions shall be fully severable and this article
shall be construed and enforced as if such illegal, invalid or unenforceable
provision never comprised a part hereof; the remaining provisions
hereof shall remain in full force and effect and shall not be affected
by said severance.
(Ordinance 2019-59 adopted 11/26/19; Ordinance 2020-13 adopted 3/24/20)
