(a) 
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor the effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(b) 
It is the intent of the city council that the location regulations of this article are promulgated pursuant to chapter 243 of the Texas Local Gov't Code.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.01)
For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store.
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
Adult cabaret.
A nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, video cassettes, any material in digital format (including, yet not limited to, compact discs (CDs), or digital video discs (DVDs)), slides or other photographic reproductions that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel.
A hotel, motel or similar commercial establishment that:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), slides or other photographic reproductions that are characterized by the depiction of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
(2) 
Offers a sleeping room for rent for a period of time that is less than ten hours;
(3) 
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or by specified anatomical areas.
Adult theater.
A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Chief of police.
The chief of police of the city or his designated agent.
Child-care facility.
A building used as a day nursery, children's boarding home, child-placement agency, or religious or charitable encampment for children, or any other place for the care or custody of children under 16 years of age.
Church.
A building in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship or faith, or for propagating a particular form of religious belief.
Employee.
An individual who:
(1) 
Is listed as a part-time, full-time, temporary or permanent employee on the payroll of an applicant, licensee or sexually oriented business; or
(2) 
Performs or provides entertainment in the sexually oriented business for any form of compensation or consideration.
Escort.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency.
A person or business association that furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Establishment.
Any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money in [or] any form of consideration.
Nudity or state of nudity.
Any of the following:
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) 
A state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.
Operates or causes to be operated.
To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
Person.
An individual, proprietorship, partnership, corporation, association or other legal entity.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Substantial enlargement.
Pertaining to a sexually oriented business means the increase in floor area occupied by the business by more than 20%, as the floor area exists on the effective date of this article.
Transfer of ownership or control.
Pertaining to a sexually oriented business means and includes any of the following:
(1) 
The sale, lease or sublease of the business;
(2) 
The transfer of securities that constitutes a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.02)
(a) 
A person commits an offense if that person operates a sexually oriented business without a valid license, issued by the city for the particular type of business.
(b) 
An application for a license must be made on a form provided by the chief of police. The application shall be sworn to and shall 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 a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus 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 city's building official.
(d) 
If a person who wishes to operate a sexually oriented business is an individual, that person must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 5.05.005 herein 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, public house of amusement license or any other valid license by law does not exempt that person from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another use license shall comply with the requirements and provisions of this article.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.04)
(a) 
The chief of police shall approve the issuance of a license by the city secretary to an applicant within 30 days after receipt of an application, unless the chief finds one or more of the following to be true:
(1) 
An applicant is under 18 years of age.
(2) 
An applicant or an applicant's spouse is overdue in his payment to the city of taxes, fees, fines or penalties assessed against or imposed upon either of them in relation to a sexually oriented business.
(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 or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) 
An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(6) 
The premises to be used for the sexually oriented business have not been approved by the city's building official as being in compliance with applicable laws and ordinances.
(7) 
The license fee required by this article has not been paid.
(8) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that such individual is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(9) 
An applicant or the proposed establishment is in violation of or is not in compliance with any applicable sections of this article.
(10) 
An applicant or an applicant's spouse has been convicted of a crime:
(A) 
Involving:
(i) 
Any of the following offenses as described 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; or
h. 
Possession or promotion of child pornography;
(ii) 
Any of the following as described in chapter 21 of the Texas Penal Code:
a. 
Public lewdness;
b. 
Indecent exposure; or
c. 
Indecency with a child;
(iii) 
Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;
(iv) 
Incest, solicitation of a child or harboring a runaway child as described in chapter 25 of the Texas Penal Code;
(v) 
Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;
(B) 
For which:
(i) 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;
(ii) 
Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-hour [24-month] period.
(b) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicant's spouse.
(c) 
The chief of police, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The chief of police's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and obtained possession of the license.
(d) 
The license, if granted, shall state on its face 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.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.05)
(a) 
The annual license fee for a sexually oriented business is as set forth in the fee schedule in appendix A of this code.
(b) 
If an applicant is required by this article to also obtain a dance hall license or public house of amusement license for the business at a single location, payment of the fee for the sexually oriented business license exempts the applicant from payment of the fees for the dance hall or public house of amusement license.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.06; Ordinance adopting 2023 Code)
(a) 
An applicant or licensee shall permit representatives of the city police department and the city volunteer fire department, and the city's building official, to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(b) 
A person who operates a sexually oriented business or that person's agent or employee commits an offense if that person refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(c) 
The provisions of this section shall not apply to areas of an adult motel that are currently being rented by a customer as a permanent or temporary habituation.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.07)
(a) 
A person commits an offense if that person operates a sexually oriented business without maintaining in the premises a current registration card or file that clearly identifies all employees of the sexually oriented business.
(b) 
The registration card or file must contain the following information for each employee required to be registered under subsection (a) above:
(1) 
Full legal name;
(2) 
All aliases or stage names;
(3) 
Race and gender; and
(4) 
Proof of the employee's age.
(c) 
All records maintained on an employee in compliance with this section must be retained at the sexually oriented business for at least 90 days following the date of any voluntary or involuntary termination of the employee's employment or contract with the sexually oriented business.
(d) 
A person who operates a sexually oriented business or the person's agent or employee shall allow immediate access to these records by authorized representatives of the police department.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.08)
(a) 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this article. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license shall not be affected.
(b) 
When the chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal of the license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.09)
The chief of police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:
(1) 
Violated or is not in compliance with all sections of this article;
(2) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises; or
(5) 
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 O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.10)
(a) 
The chief of police shall revoke a license if a cause of suspension under this article occurs and the license has been suspended within the preceding 12 months.
(b) 
The chief of police 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, an agent or an employee has knowingly allowed possession, use or sale of a controlled substance on the premises;
(3) 
A licensee, an agent or an employee has knowingly allowed prostitution on the premises;
(4) 
A licensee, an agent or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) 
A licensee has been convicted of an offense listed in section 5.05.005(a)(10)(A) for which the time period required in section 5.05.005(a)(10)(B) has not lapsed;
(6) 
On two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in section 5.05.005(a)(10)(A) for which a conviction has been obtained and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7) 
A licensee, an agent or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in section 21.01 of the Texas Penal Code; or
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, sales taxes or 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) 
Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) 
When the chief of police 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 revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years under section 5.05.005(a)(10)(B) has elapsed since the termination of any sentence, parole or probation period.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.11)
If the chief of police denies the issuance of a license, or suspends or revokes a license, he shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension or revocation, the applicant or licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the state district court in this county. An appeal to the state district court must be filed within 30 days after the receipt of notice of the decision of the chief of police. The applicant or licensee shall bear the burden of proof in court. Absent appeal, all decisions of the chief of police become final within 30 days.
(Ordinance O-0504 adopted 5/11/2004; 1997 Code, sec. 114.12)
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.13)
(a) 
Distance from certain uses.
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A child-care facility;
(4) 
A boundary of any residential district as defined in the zoning ordinance of the city (hereinafter referred to as the "city's zoning ordinance");
(5) 
A public park adjacent to any residential district as defined in the city's zoning ordinance;
(6) 
The property line of a lot devoted to residential use; or
(7) 
Any building or structure in which alcoholic beverages are offered for sale.
(b) 
Zoning district.
Sexually oriented businesses are uses permitted only in a manufacturing-industrial (MI) zoning district.
(c) 
Distance from other sexually oriented businesses.
A person commits an offense if that person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(d) 
Location in same building as another sexually oriented business.
A person commits an offense if that person causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure or portion thereof, containing another sexually oriented business.
(e) 
Measurement of distance from other uses.
For the purposes of subsection (a) of this section, 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 of a church, public or private elementary or secondary school, child-care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district or residential lot.
(f) 
Measurement of distance between sexually oriented businesses.
For purposes of subsection (b)[(c)] of this section, the distance between any two sexually oriented businesses 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.
(g) 
Nonconforming uses.
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of subsection (a), (b) or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses 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 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
(h) 
Establishment of other use after grant of license.
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 license, of a church, public or private elementary or secondary school, child-care facility, public park, residential district, or residential lot, or any building or structure in which alcoholic beverages are offered for sale, within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when application for a license is submitted after a license has expired or has been revoked.
(i) 
Exemption from location restrictions.
(1) 
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of any section of this article, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the location restrictions of this article.
(2) 
If the written request is filed with the city secretary within the ten-day limit, the city council shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(3) 
A hearing by the city council may proceed if a quorum of the council is present. The council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(4) 
The council may, in its discretion, grant an exemption from the location restrictions of this article if it makes the following findings:
(A) 
That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(B) 
That the granting of the exemption will not violate the spirit and intent of this article;
(C) 
That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(D) 
That 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
(E) 
That all other applicable provisions of this article will be observed.
(5) 
The city council 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 council is final.
(6) 
If the city council grants the exemption, the exemption is valid for one year from the date of the council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the location restrictions of this article until the applicant applies for and receives another exemption.
(7) 
If the city council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the council's action.
(8) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the location restrictions of this section.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.14)
The location requirements of this article may be amended only after compliance with the procedure required to amend the city's zoning ordinance. Other sections of this article may be amended by a vote of the city council.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.15)
(a) 
A nude model studio shall not employ any person under the age of 18 years.
(b) 
A person under the age of 18 years commits an offense if that person appears in a state of nudity or semi-nudity in or on the premises of a nude model studio. It is a defense to prosecution under this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person commits an offense if that person appears in a state of nudity or semi-nudity or knowingly allows another to appear in a state of nudity or semi-nudity in an area of a nude model studio premises that can be viewed from the public right-of-way.
(d) 
A nude 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 O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.17)
(a) 
A person commits an offense if that person knowingly allows a person under the age of 18 years to appear in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater.
(b) 
A person under the age of 18 years commits an offense if that person knowingly appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.18)
(a) 
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, that person rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, that person rents or sub-rents the same sleeping room again.
(c) 
For the purposes of subsection (b) of this section, the term "rent" or "sub-rent" means the act of permitting a room to be occupied for any form of consideration.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.19)
(a) 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Upon application 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, which lights are controlled by which switches and designating any portion of the premises in which patrons will not be permitted. Only agents or employees shall have access to light switches. A manager's station may not exceed 32 square feet of floor area. The diagram also shall 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 a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct 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 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 video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be direct line of sight from the manager's station.
(6) 
It shall be the duty of the owners and operator, and it also shall be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that a patron is present in the premises and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted 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 at an illumination of not less than one footcandle as measured at the floor level.
(8) 
It shall be the duty of the owners and operator, and it also shall be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) 
A person having a duty under subsections (a)(1) through (8) above commits an offense if that person knowingly fails to fulfill that duty.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.20)
(a) 
A person commits an offense if, in a business establishment open to persons under the age of 17 years, that person displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) 
Human sexual intercourse, masturbation or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) 
In this section, display means to locate an item in such a manner that, without obtaining assistance from an agent or employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item is visible to members of the general public.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.21)
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 2:00 a.m. and 10:00 a.m. on weekdays and Saturdays, and 2:00 a.m. and 12:00 p.m. (noon) on Sundays.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.22)
(a) 
Except as provided by subsection (b) of this section, any person violating the location requirement sections of this article, upon conviction, is punishable by a fine not to exceed $2,000.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b) 
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of this article is punishable as a class A misdemeanor.
(c) 
Except as provided by subsection (b) of this section, any person violating a provision of this article, other than location requirements, upon conviction, is punishable by a fine not to exceed $2,000.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d) 
It is a defense to prosecution under this article that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state, a college, a junior college or university supported entirely or partly by taxation;
(2) 
By a private college or university that 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) 
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
(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 or semi-nude model is on the premises at any one time.
(e) 
It is a defense to prosecution under this article that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.23)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of the location requirements of this article is subject to suit for injunction as well as prosecution for criminal violations.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.24)
This article, upon adoption by the city council, shall preempt and govern all other city codes and ordinances, including the city's zoning ordinance, as they pertain to sexually oriented businesses. Consistent therewith, the definition of "adult entertainment enterprise" (contained in part five, Definitions, of the city's zoning ordinance), and the adult entertainment enterprise and sexually oriented business uses and their designated classes of use districts (identified in the table of permitted uses in article 9, Commercial, Manufacturing and Industrial Use Chart, of the city's zoning ordinance), are hereby repealed and rescinded.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.25)