All ordinances or parts of ordinances inconsistent or in conflict with the provisions of this article shall be void and the same are hereby repealed, except that nothing in this article shall be construed as repealing any existing ordinance regulating nuisances or as permitting or requiring uses that are now prohibited by law, and ordinances imposing a greater restriction than is imposed herein shall govern.
(Ordinance 1992-13, sec. III, adopted 11/23/92)
Any person violating any provision of this article within the corporate limits of the city shall be guilty of a misdemeanor, and upon conviction shall be fined as provided in section 1.01.009 of this code. Each day such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this article.
(Ordinance 1992-13, sec. IV, adopted 11/23/92)
(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 effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor 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. The promotion of obscene material (not protected by the First Amendment) is enforceable through separate criminal sanctions under the penal code.
(b) 
It is the intent of the city council that the locational regulations of this article are promulgated pursuant to 243.001 et seq., Texas Local Government Code, as they apply to sexually oriented businesses.
(Ordinance 1992-13, sec. I (1A-1), adopted 11/23/92)
In this article:
Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically 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, videocassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) 
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Adult motel.
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, film, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, 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.”
Applicant.
A person who must apply for a license by this article.
Chief law enforcement officer.
The chief of police of the city or his designate; however, if such position does not exist or is vacant without an acting chief, it shall mean and include the county sheriff or his deputies.
Child care facility.
A building used as a day nursery, children’s boarding home, child placing agency or other place for care or custody of children under fifteen years of age.
Church or place of religious worship.
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
City secretary.
The city secretary of the City of Hudson Oaks.
Code enforcement officer.
The city code enforcement officer or his designated agent; however, if no code enforcement position exists or if the position is vacant, it shall mean the chief of police.
Escort.
A person who, for consideration, agrees or offers to act as 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 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.
Includes 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;
(4) 
The relocation of any sexually oriented business; or
(5) 
A location and place of business.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the applicant on the application for a license on a person licensed under this article.
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 or any form of consideration.
Nudity or a state of nudity.
(1) 
The appearance of human bare buttock, anus, male genitals, female genitals, pubic region or breasts; or
(2) 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, pubic region or areola of the breast.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Public park.
A tract of land maintained by the federal, state, or local government for the recreation and enjoyment of the general public.
Residential district.
A single-family, duplex, townhouse, multiple-family or mobile home zoning district as defined in the city zoning ordinance.
Residential use.
A single-family, duplex, multiple-family, or “mobile home park, mobile home subdivision, and campground” use as defined in the city zoning ordinance.
Seminude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the 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 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.
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breasts;
(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 of a sexually oriented business.
The increase in floor area occupied by the business by more than 25 percent, as the floor area exists on November 23, 1992.
Transfer of ownership or control of a sexually oriented business.
Includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities which constitute 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 which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
(Ordinance 1992-13, sec. I (1A-2), adopted 11/23/92)
(a) 
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 or place of religious worship;
(2) 
A public or private elementary or secondary school;
(3) 
A child care facility;
(4) 
A boundary of a residential district as defined in this article;
(5) 
A public park;
(6) 
The property line of a lot devoted to a residential use as defined in this article; or
(7) 
Another sexually oriented business which does not have a common entrance with one.
(b) 
A person commits an offense if he 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.
(c) 
A person commits an offense if he 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.
(d) 
For the purposes 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 of a church or place of religious worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public [park], residential district, or residential lot.
(e) 
For purposes of subsection (b) of this section, the distance between 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.
(f) 
Any sexually oriented business lawfully operating that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. Such use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any such 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 which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.
(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 license, of a church or place of religious worship, public or private elementary or secondary school, public park, residential district, or residential lot 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 an application for a license is submitted after a license has expired or has been revoked.
(h) 
All locational requirements of this section must be approved by the code enforcement officer within sixty (60) days from the time the application is filed.
(Ordinance 1992-13, sec. I (1A-13), adopted 11/23/92)
(a) 
If the code enforcement officer denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.04.006 of this article, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 4.04.006.
(b) 
If the written request is filed with the city secretary within the 10-day limit, the board of adjustment 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.
(c) 
A hearing by the board may proceed if at least four 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 board may, in its discretion, grant an exemption from the locational restrictions of section 4.04.006 if it makes the following findings:
(1) 
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;
(2) 
That the granting of the exemption will not violate the spirit and intent of this article;
(3) 
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;
(4) 
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 renewal or restoration; and
(5) 
That 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. Decisions of the board of adjustment are appealable to district courts of this county. Appeals from the board of adjustment must be made in writing to a district court of this county within thirty (30) days from the date of the final decision of the board. After thirty (30) days, all decisions of the board of adjustment become final.
(f) 
If the board grants the exemption, the exemption is valid for one year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.04.006 until the applicant applies for and receives another exemption.
(g) 
If the board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board’s action.
(h) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.04.006.
(Ordinance 1992-13, sec. I (1A-14), adopted 11/23/92)
(a) 
An escort agency shall not employ any person under the age of 18 years.
(b) 
A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Ordinance 1992-13, sec. I (1A-15), adopted 11/23/92)
(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 he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection 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 he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of nude model studio premises which 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 1992-13, sec. I (1A-16), adopted 11/23/92)
(a) 
A person commits an offense if he knowingly allows a person under the age of 18 years 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 18 years commits an offense if he knowingly appears in a state of 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 the public view or persons of the opposite sex.
(Ordinance 1992-13, sec. I (1A-17), adopted 11/23/92)
(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 10 hours creates a rebuttable presumption that the establishment is an adult motel and [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, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) of this section, the terms “rent” and “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(Ordinance 1992-13, sec. I (1A-18), adopted 11/23/92)
(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, videocassette, or other video reproduction which 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 and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 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 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 code enforcement officer 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 law enforcement officer 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 by direct line of sight from the manager’s station. Viewing booths must be separated at least twelve (12) inches from the exterior walls of any other viewing booths by open space.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which 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 (1.0) footcandle as measured at the floor level.
(8) 
It shall be the duty of the owners and operator, and it shall also 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 (1) through (8) of subsection (a) above commits an offense if he knowingly fails to fulfill that duty.
(c) 
All locational requirements of this section must be approved by the code enforcement officer within sixty (60) days from the time the application is filed.
(Ordinance 1992-13, sec. I (1A-19), adopted 11/23/92; Ordinance adopting Code)
(a) 
A person commits an offense if, in a sexually oriented business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film, or videocassette, 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, buttocks, or that portion of the breasts [sic];
(3) 
Less than completely and opaquely covered human genitals, buttocks or that portion of the 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 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 1992-13, sec. 1A-20, adopted 11/23/92)
(a) 
It is a defense to prosecution under section 4.04.041(a), 4.04.006 or 4.04.009(d) that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state, or a 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 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 model is on the premises at any one time.
(b) 
It is a defense to prosecution under section 4.04.041(a) or section 4.04.006 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 1992-13, sec. I (1A-21), adopted 11/23/92)
(a) 
As stated in chapter 243 of the Local Government Code of Texas, the city may sue in district court for an injunction to prohibit the violation of a regulation of this article.
(b) 
As stated in chapter 243 of the Local Government Code of Texas, an offense under this article is class A misdemeanor.
(Ordinance 1992-13, sec. I (1A-22), adopted 11/23/92)
(a) 
The following are required to be licensed:
(1) 
All owners, clerks, and employees of a sexually oriented business are required to be licensed to operate or work in said business.
(2) 
All corporations, stockholders or directors of any sexually oriented business and their employees.
(3) 
All partners and limited partners in any sexually oriented business and their employees.
(4) 
All equity holders of any sexually oriented business and their employees.
(5) 
All real property owners, stockholders, executive officers, corporations, partners, limited partners or equity holders and lienholders and their employees which are associated with any sexually oriented business requiring a license under this article.
(b) 
No person may work for any sexually oriented business without having on his or her person at all times while at work an appropriate identification card showing that he or she is currently licensed. Such identification shall be available at all times for inspection and shall be worn on the left breast of said employee during working periods.
(c) 
All potential employees and/or clerks of sexually oriented businesses must comply with subsections (a), (b), (g) and (h) of this section and sections 4.04.043(b), 4.04.045, 4.04.046, 4.04.047, 4.04.008, 4.04.009, 4.04.010, and 4.04.011, and not be in violation of section 4.04.042(a)(1), (3), (4), (6), (8), or (10), before being issued an identification card to work at the business. Application forms will be provided by the city secretary and the determinations of compliance must be made by him within sixty (60) days from time of application.
(d) 
An application for a sexually oriented business license must be made on a form provided by the city secretary. 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 a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with section 4.04.012 of this article shall submit a diagram meeting the requirements of section 4.04.012. All locational requirements must be approved by the code enforcement officer within sixty (60) days from the time the application is filed.
(e) 
The applicant for a sexually oriented business license must be qualified according to the provisions of this article.
(f) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has an interest in the business must sign the application for a license as applicant and shall be considered a licensee if a license is granted.
(g) 
The fact that a person possesses any other valid license required by law does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another business license shall comply with the requirements and provisions of this article as well as the requirements and provisions of the laws concerning the other license.
(h) 
Each applicant shall attach two copies of a recent photo to his or her application form.
(i) 
Each applicant for a business license shall, upon the filing of the application and payment of the filing fee, place signs (at least 24 inches x 36 inches in size) which provide notification and information specifically stating “SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION PENDING” and the date on which the application was filed. All lettering on the signs must be at least 1-1/2 inches x 2 inches in size for each letter on the sign. The sign must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually oriented license. It shall be the duty of each applicant as to each particular application to erect said signs along all the property’s public road or highway frontage so as to be clearly visible from the public road or highway[. If a property does not have a public road or highway] frontage, then signs shall be placed upon the closest available right-of-way and upon the property. One sign shall be erected for each three-hundred-foot increment of each public road or highway frontage on said property existing or any part thereof. Said signs shall be erected not less than fourteen (14) days after the filing of the application for the sexually oriented business license and remain erected until the application has been approved by the code enforcement officer.
(j) 
Every applicant for a sexually oriented business license shall give notice of the application by publication at his own expense in two consecutive issues of a newspaper of general circulation published in the county. The notice shall be printed in 10-point boldface type and shall include:
(1) 
The fact that a sexually oriented business license has been applied for;
(2) 
The exact location of the place of business for which the permit is sought;
(3) 
The names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners; and
(4) 
If the applicant is a corporation, the names and titles of all officers.
Such notice shall be printed not less than fourteen (14) days after the application is filed with the city secretary.
(k) 
Written notice of the application for a sexually oriented business license shall be sent to all owners of real property lying within one thousand (1,000) feet of property on which the license is requested. Such notice shall be sent not less than fourteen (14) days after the application is filed with the city secretary. The notice of the application for a sexually oriented business license described herein shall be given by posting such notice properly addressed and postage paid to each taxpayer as the ownership appears on the last approved city tax roll. Each property owner shall have fourteen (14) days from the mailing of the notice to advise the city secretary or the code enforcement officer of a locational restriction under section 4.04.006(a) or (b) of this article. It is the responsibility of the applicant for a license to send this notice.
(l) 
An applicant for a renewal permit or an existing business at the time of the passage of this article is not required to publish notice or meet the posting requirements of subsections (i), (j) and (k) above.
(Ordinance 1992-13, sec. I (1A-4), adopted 11/23/92; Ordinance adopting Code)
(a) 
The code enforcement officer shall approve the issuance of a license to an applicant within sixty (60) days after receipt of an application unless he 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 him or imposed upon him in relation to a sexually oriented business. The city tax assessor or city secretary shall make this determination and report his findings to the code enforcement officer within sixty (60) days from the time 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 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) 
The premises to be used for the sexually oriented business have not been approved by the code enforcement officer as being in compliance with this article. Reports of compliance or noncompliance with this article must be completed by the code enforcement officer within sixty (60) days from the time the application is filed.
(6) 
The license fee required by this article has not been paid.
(7) 
An applicant has failed to comply with the requirements of section 4.04.041(i), (j) or (k) unless exempt under section 4.04.041(l).
(8) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated that he 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 section 4.04.044, 4.04.049, 4.04.006, 4.04.008, 4.04.009, 4.04.010, 4.04.011, 4.04.012, or 4.04.013.
(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;
h. 
Possession of child pornography;
(ii) 
Any of the following offenses as described in chapter 21 of the Texas Penal Code:
a. 
Public lewdness;
b. 
Indecent exposure;
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 the conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of 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-month period.
(b) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(c) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(10) has been may qualify for a sexually oriented business license only when the time period required by subsection (a)(10)(B) of this section has elapsed.
(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.
(e) 
It shall be the duty of the chief law enforcement officer to either report the findings under subsections (a)(10) and (c) of this section to the code enforcement officer within sixty (60) days from the time the application is filed or to make such finding within such time in the absence of a code enforcement officer or the position.
(Ordinance 1992-13, sec. I (1A-5), adopted 11/23/92)
(a) 
The annual fee for a sexually oriented business license is $500.00.
(b) 
Each individual applicant shall pay a $50.00 fee with each application.
(Ordinance 1992-13, sec. I (1A-6), adopted 11/23/92)
(a) 
An applicant or licensee shall permit representatives of the code enforcement officer to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.
(b) 
A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the code enforcement officer at any time it is occupied or open for business.
(c) 
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Ordinance 1992-13, sec. I (1A-7), adopted 11/23/92)
(a) 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 4.04.041. Application for renewal should be should be made at least 60 days before the expiration date, the expiration of the license will not be effected [sic].
(b) 
When the code enforcement officer 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 code enforcement officer finds that the basis for denial of the renewal 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 1992-13, sec. I (1A-8), adopted 11/23/92)
The code enforcement officer shall suspend a license for a period not to exceed 30 days if he determines that a licensee has:
(1) 
Violated or is not in compliance with any portion 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;
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises;
(5) 
Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
(Ordinance 1992-13, sec. I (1A-9), adopted 11/23/92)
(a) 
The code enforcement officer shall revoke a license if a cause of suspension in section 4.04.046 occurs and the license has been suspended within the preceding 12 months.
(b) 
The code enforcement officer shall revoke a license if he determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the code enforcement officer during the application process;
(2) 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
A licensee or an employee has knowingly allowed prostitution on the premises;
(4) 
A licensee 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 4.04.042(a)(10)(A) for which the time period required in section 4.04.042(a)(10)(B) has not elapsed;
(6) 
On two or more occasions within 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.04.042(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 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 defined in section 21.01, Texas Penal Code; or
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales 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) 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 code enforcement officer 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 code enforcement officer finds that the basis for the 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), an applicant may not be granted another license until the appropriate number of years required under section 4.04.042(a)(10)(B) has elapsed.
(Ordinance 1992-13, sec. I (1A-10), adopted 11/23/92)
If the code enforcement officer 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 his action and the right to an appeal. The aggrieved party may appeal the decision of the code enforcement officer to a district court in this county on a trial de novo basis. Filing an appeal in a district court stays the code enforcement officer in suspending or revoking a license until the district court make a final decision. All decisions of the code enforcement officer become final within thirty (30) days.
(Ordinance 1992-13, sec. I (1A-11), adopted 11/23/92)
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 1992-13, sec. 1A-12, adopted 11/23/92)