[1]
Editor's note—Ord. No. B-717, adopted June 10, 2004,
superseded former Art. IX, which pertained to similar subject matter
and derived from Code 1983, §§ 12-100—12-110; Ord.
No. B-453, adopted April 28, 1988.
(Ord. No. B-717, § 1(12-120), 6-10-2004)
The findings contained in the preamble of the ordinance adopting
this article are determined to be true and correct and are adopted
as a part of this article.
(Ord. No. B-717, § 1(12-121), 6-10-2004)
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.
(Ord. No. B-717, § 1(12-122), 6-10-2004; Ord. No. B-717(A0114), § 1, 2-3-2014)
The words and terms used in this article that are not defined
herein shall have the meanings commonly ascribed to them. Words used
in the present tense include the future tense. Words in the singular
number include the plural number and words in the plural number include
the singular number. The word "he" shall be defined to include the
word "she."
Any place to which the public is permitted or invited wherein
coin-operated, token-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 an emphasis on matter depicting
or describing specified sexual activities or specified anatomical
areas.
A commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
books, magazines, periodicals or other printed matters, or any combination
thereof, which are distinguished or characterized by an emphasis on
matters depicting or describing specified sexual activities or specified
anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features persons who appear in a state of nudity or
give live performances which are distinguished or characterized by
an emphasis on the exposure of specified anatomical areas or by an
emphasis on specified sexual activities.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other pornographic
reproductions which are distinguished or characterized by an emphasis
on matters depicting or describing 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; or
Offers a sleeping room for rent for a period of time that is
less than ten hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, video reproductions, slides
or other visual representations, or any combination thereof, are regularly
shown which are distinguished or characterized by an emphasis on matters
depicting or describing specified sexual activities or specified anatomical
areas.
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:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
objects, or other visual representations which depict or describe
specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed or
manufactured for use in connection with specified sexual activities.
This does not include items used for birth control or for prevention
of sexually transmitted diseases.
A commercial establishment which offers services or sells
products to customers and in which one or more of the employees or
the customer appears in a state of nudity, semi-nudity, or simulated
nudity.
A commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
photographs, films, motion pictures, video cassettes, video reproductions,
slides or other visual representations, or any combination thereof,
which are distinguished or characterized by an emphasis on matters
depicting or describing specified sexual activities or specified anatomical
areas.
The Chief of Police of the City of Burleson or the chief's
designated representative.
Any person who:
Is allowed to enter a sexually oriented business in return for
the payment of an admission fee or any other form of consideration
or gratuity; or
Enters a sexually oriented business and purchases, rents, or
otherwise partakes of any merchandise, goods, entertainment, or other
services offered therein; or
Is a member of and on the premises of a sexually oriented business
operating as a private club.
Any person who renders any service whatsoever to the customers
of a sexually oriented business or who works in or about a sexually
oriented business and who receives compensation for such service or
work from the operator or owner of the sexually oriented business
or from its customers.
A person who, for consideration, agrees or offers to act
as a companion or date for another person, or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
A person or business association who, as one of its principal
business purposes, furnishes, offers to furnish, or advertises to
furnish escorts, or any combination thereof, for a fee, tip, or other
consideration.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as any and all individuals listed
as applicants on the application for a license.
An establishment licensed by the State of Texas, for the
purpose of providing daycare for infants and children.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided or allowed to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration.
Less than completely and opaquely covered:
Human genitals, pubic region, or pubic hair;
All portions of a female breast below a point immediately above
the top of the areola continuing downward to the lowest portion of
the breast;
Human buttock; or
Any combination of the above.
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For purposes of this definition, body paint, body dyes, tattoos,
liquid latex, and other similar substances, whether wet or dried,
shall not be considered an opaque covering.
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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,
licensee, or manager of the establishment.
An individual, firm, association, organization, partnership,
trust, foundation, company or corporation.
The grounds and all buildings, vehicles, and appurtenances
pertaining to the grounds, including any adjacent premises if they
are directly or indirectly under the control of the same person.
Over 35 percent of customers, volume of sales, stock in trade,
display areas, or presentation time, or any combination thereof in
any three-month increment period beginning from the date of issuance
of a certificate of occupancy. Stock in trade shall be measured with
all titles or objects available on the premises for sale or rental
including those that are identical, considered a separate title or
object.
A publicly owned or publicly leased tract of land, whether
situated in the city or not, designated, dedicated, controlled, maintained
and operated for use by the general public for active or passive recreational
or leisure purposes by the City or any political subdivision of the
State and containing improvements, pathways, access or facilities
intended for public recreational use. The term public park shall not
include parkways, public roads, rights-of-way esplanades, medians,
traffic circles, or easements unless such tracts or areas contain
and provide improvements or access to a recreational or leisure use
by the public.
Featuring, promoting, or advertising a happening or occurrence
on a recurring basis.
A building or group of buildings in which persons regularly
assemble for religious worship and activities intended primarily for
purposes connected with such worship or for propagating a particular
form of religious belief.
A district zoned for residential uses under the Zoning Ordinance
of the City of Burleson, including, but not limited to, the following
zoning classifications: single-family rural (SFR), single-family estate
(SFE), single-family 16 (SF16), single-family 10 (SF10), single-family
7 (SF7), single-family attached (SFA), two-family (2F), multi-Family
1(MF1), multi-family 2 (MF2), manufactured housing dwelling (MH),
and manufactured housing park (MHP).
A one family, townhouse, duplex, triplex, fourplex, mobile
home, manufactured home, or multiple-family dwelling as defined in
the Zoning Ordinance of the City of Burleson.
An establishment that is operated for the purpose of giving
massages, at the establishment or on a home-call basis, that are intended
to provide sexual stimulation or sexual gratification in combination
with a massage.
A business or commercial enterprise that offers for any form
of consideration physical contact in the form of wrestling or tumbling
between persons of the opposite sex, or 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, semi-nudity, or simulated nudity.
An adult arcade, adult bookstore, adult cabaret, adult novelty
store, adult motel, adult movie theater, adult service establishment,
adult theater, adult video store, sex parlor, sexual encounter center,
nude modeling studio or other commercial enterprise, or any combination
thereof:
A principal 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 its customers,
and which is distinguished by or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas; or
Whose employees or customers appear in a state of nudity.
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The term "sexually oriented business" shall not be construed
to include:
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(1)
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Any business operated by or employing licensed psychologists,
licensed physical therapists, registered massage therapists, registered
nurses, or licensed athletic trainers engaged in practicing such licensed
professions;
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(2)
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Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts;
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(3)
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Any retail establishment whose principal business is the offering
of wearing apparel for sale to customers and which does not exhibit
merchandise on live models; or
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(4)
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Any activity conducted or sponsored by any Texas independent
school district, licensed or accredited private school, or public
or private college or university.
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A state of dress in which any device or covering is worn
and exposed to view that simulates any part of the genitals, buttocks,
anus, pubic region, or areola of the female breast.
Human genitals, pubic regions, buttocks and female breast
below a point immediately above the top of the areola.
The fondling or other erotic touching of human genitals, pubic
region, pubic hair, perineum, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy, or bestiality;
Masturbation, actual or simulated; or
Excretory functions.
(Ord. No. B-717, § 1(12-123), 6-10-2004)
(a)
A person
commits an offense if he establishes, operates or causes to be operated,
or expands a sexually oriented business within 1,000 feet of any of
the following uses or locations within the city limits or extraterritorial
jurisdiction of the city:
(1)
A religious institution;
(2)
A public or private elementary or secondary school or licensed day-care
center;
(3)
A boundary of a residential district;
(4)
A public park;
(5)
A public library;
(6)
The property line of a lot devoted to a residential use as defined
in this article; or
(7)
Another sexually oriented business.
(b)
A person
commits an offense if he establishes, operates or causes to be operated,
or expands a sexually oriented business within 500 feet of any right-of-way
designated as an "arterial" or "freeway-controlled access" roadway
by the City of Burleson Thoroughfare Plan.
(c)
A person
commits an offense if he establishes, operates or causes to be operated
a sexually oriented business in any building; structure or portion
thereof containing another sexually oriented business.
(d)
For the purposes of subsection (A) above, 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 part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsections (a)(1)—(7) of this section.
(Ord. No. B-717, § 1(12-124), 6-10-2004)
(a)
Any sexually oriented business that is in violation of section 14-474 or any other location requirement of any other city ordinances, that was legally operating on the effective date of adoption or amendment of such ordinance or regulation, shall be deemed a nonconforming use and the provisions of the Burleson Zoning Ordinance as amended shall apply, except if two or more sexually oriented businesses are within 1,000 feet of each other, or are located in the same building or structure, and otherwise in a permissible location, the sexually oriented business that was first established and continually operating as a sexually oriented business at a particular location (regardless of which business was first located in the city), even if operating under a different name, ownership, or selling different sexually oriented merchandise or services, is the conforming use and the later-established business is nonconforming.
(b)
The
provisions of this section shall also apply to legally operating sexually
oriented businesses made nonconforming by annexation into the city
limits.
(c)
Any sexually oriented business that is lawfully operating within the city as a conforming use on or after June 24, 2004, shall not be rendered a nonconforming use by the subsequent location of a protected use listed in subsection 14-474(a) within 1,000 feet of the sexually oriented business.
(d)
Nonconforming
sexually oriented businesses shall be subject to amortization under
the procedures set forth in the Burleson Zoning Ordinance as amended.
(e)
Notwithstanding anything contained in this article or in the Burleson Zoning Ordinance as amended to the contrary, a nonconforming sexually oriented business shall be required to meet all applicable requirements of this article except locational requirements established by section 14-474 within 60 days of the date that it becomes nonconforming. The zoning board of adjustment may grant a nonconforming sexually oriented business an extension if the business shows, upon written application, that meeting these requirements within 60 days imposes an unnecessary hardship on the business.
(f)
Legal
nonconforming sexually oriented businesses shall not be increased,
enlarged, extended or altered except that the use may be changed to
a use other than a sexually oriented business to the extent allowed
by the Burleson Zoning Ordinance. A person commits an offense if he
increases, enlarges, extends or alters, or causes to be increased,
enlarged, extended or altered a nonconforming sexually oriented business.
(Ord. No. B-717, § 1(12-125), 6-10-2004)
(a)
A person
commits an offense if he operates or causes to be operated a sexually
oriented business without a valid sexually oriented business license
or nonconforming sexually oriented business license, issued by the
city for the particular type of business.
(b)
The
applicant must be qualified according to the provisions of this article.
(c)
The
fact that a person possesses other types of state or city permits
or licenses does not exempt the person from the requirement of obtaining
a license for a sexually oriented business.
(Ord. No. B-717, § 1(12-126), 6-10-2004; Ord. No. B-717(A0114), § 2, 2-3-2014)
(a)
Any
person desiring to obtain a sexually oriented business license shall
make application on a form provided by the chief of police. The application
must:
(1)
Be accompanied by a diagram of the premises showing a plan of the
premises, specifying the location of all overhead lighting fixtures,
designating any portion of the premises in which customers will not
be permitted, and specifying the location of all manager's stations,
if applicable. The diagram shall designate the place at which the
license will be conspicuously displayed, 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;
(2)
Contain all information required pursuant to section 14-478 and be supported by any necessary documentation;
(3)
Include a current list of all employees or prospective employees,
along with copies of complete updated employment application, valid
driver's license, state identification card, or passport containing
a photograph of the employee;
(4)
Contain any other information requested by the chief of police in
order to assist the chief in deciding whether to grant the license;
and
(5)
Be sworn to be true and correct by the applicant.
(b)
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 a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 14-478 and each applicant shall be considered a licensee if a license is granted.
(c)
All
applications for a license under this article shall be accompanied
by a nonrefundable application fee as established by the City of Burleson
Fee Schedule. An application shall not be considered to have been
filed until the fee is paid and all information required by the application
form has been submitted.
(d)
An application for a license or permit issued under section 14-478 for a location not previously licensed shall, not later than the sixtieth day before the date the application is filed, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the applicant. The sign must be at least 24 by 36 inches in size and must be written in lettering at least two inches in size. The sign shall be in both English and Spanish.
(Ord. No. B-717, § 1(12-127), 6-10-2004)
(a)
The
chief of police shall approve the issuance of a license to an applicant
within 30 days after filing of an application unless the chief of
police finds one or more of the following to be true:
(2)
The applicant failed to supply all of the information requested on
the application.
(3)
The applicant gave false, fraudulent, or untruthful information on
the application.
(4)
An applicant is under 18 years of age.
(5)
An applicant or an applicant's spouse is overdue in payment to the
city of taxes, fees, fines, or penalties assessed against or imposed
upon the applicant or the applicant's spouse in relation to a sexually
oriented business.
(6)
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 on the denial of a license.
(7)
The application or renewal fee required by this article has not been
paid.
(8)
The applicant has not demonstrated that the owner of the sexually
oriented business owns or holds a lease for the property or the applicable
portion thereof within which the sexually oriented business will be
situated or has a legally enforceable right to acquire the same.
(10)
An applicant or an applicant's spouse has been convicted of a crime
a.
Involving:
1.
Any of the following offenses as described in V.T.C.A., Penal Code
ch. 43:
4.
Incest (prohibited sexual conduct), enticing a child, or harboring
a runaway child as described in V.T.C.A., Penal Code, ch. 25;
5.
Possession or distribution of a controlled substance; or
6.
Criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses; and
b.
For which:
1.
Less than two years have elapsed since the date of conviction, or
the date of release from the terms of probation, parole, or deferred
adjudication, or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
2.
Less than five years have elapsed since the date of conviction, or
the date of release from the terms of probation, parole, or deferred
adjudication, or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
3.
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
two-year period.
4.
(For an existing business) the business is in violation of any other
applicable requirement of this article.
c.
The fact that a conviction of the applicant or applicant's spouse
is being appealed shall have no effect on the disqualification.
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.
e.
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.
(Ord. No. B-717, § 1(12-128), 6-10-2004)
(a)
Notwithstanding anything contained in this article to the contrary, the chief of police shall issue a nonconforming sexually oriented business license to a nonconforming sexually oriented business under section 14-475 if the chief of police finds:
(1)
A proper application for a license has been made in accordance with
this article;
(2)
The applicant would qualify for a license under the provisions of subsections 14-478(a)(1) through (10);
(4)
The building in which the applicant proposes to locate the sexually
oriented business:
(5)
The sexually oriented business complies with all other requirements
of this article.
(b)
A nonconforming
sexually oriented business license issued under this section shall
be subject to expiration, suspension, revocation, appeal, transfer
and all other requirements of this article that are applicable to
sexually oriented business licenses.
(Ord. No. B-717, § 1(12-129), 6-10-2004)
(a)
An
applicant or licensee shall permit representatives of the police department,
health department, fire marshal's office, and building inspections
division to inspect the premises of a sexually oriented business for
the purpose of insuring compliance with the law, at any time during
the 30-day application period or after it is occupied or open for
business. 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.
(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 or of the records required by this article by a representative
of the police department, health department, fire department, or building
inspections division at any time during the 30-day application period
or after it is occupied or open for business.
(c)
A person who operates a sexually oriented business or his agent or employee commits an offense if he operates the establishment without maintaining on the premises a current list of all employees employed by the business, along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card, or passport, all with a photo. Such records shall be available for inspection by the city representatives listed in subsection (a) of this section.
(Ord. No. B-717, § 1(12-130), 6-10-2004)
(a)
Each
license shall expire one year from the date of issuance.
(b)
A license
may be renewed by submission to the chief of police of an application
on the form prescribed by the chief of police and payment of a nonrefundable
renewal processing fee as established by the City of Burleson Fee
Schedule.
(c)
Application
for renewal shall be made at least 30 days before the expiration date
of the license. If application is made less than 30 days before the
expiration date and the new license is granted after the expiration
of the previous license, the new license shall still expire in one
year from the previous expiration date.
(Ord. No. B-717, § 1(12-131), 6-10-2004; Ord. No. B-717(A0114), § 3, 2-3-2014)
(a)
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 or spouse
of a licensee:
(2)
Is in a state of intoxication while on the sexually oriented business
premises;
(3)
Knowingly permits gambling by any person on the sexually oriented
business premises; or
(4)
Is delinquent in payment to the city for taxes, fees, fines, or penalties
assessed against or imposed on the licensee or the licensee's employee
or spouse in relation to a sexually oriented business.
(b)
When the chief of police is authorized to suspend a license under this section, he shall give the licensee the opportunity to pay a reinstatement fee as established by the City of Burleson Fee Schedule rather than have the license suspended. In addition to and included as a part of the reinstatement fee, a licensee whose license is suspended for a violation of subsection (a)(4) must pay all delinquent taxes, fees, fines, or penalties before the license will be reinstated.
(1)
Payment of this reinstatement fee shall be considered an administrative
admission of the violation. However, this shall not be used as an
admission of guilt in a criminal prosecution under this article.
(2)
If the licensee does not pay the reinstatement fee before the expiration
of the third working day after notification, he loses the opportunity
to pay it and the chief of police shall impose the suspension.
(3)
Each day in which a violation is permitted to continue shall constitute
a separate cause for suspension.
(Ord. No. B-717, § 1(12-132), 6-10-2004)
(a)
The chief of police shall revoke a license if a cause of suspension in section 14-482 occurs and the license has been suspended or a reinstatement fee paid within the preceding 12 months.
(b)
The
chief of police shall revoke a license if he determines that:
(3)
The licensee or an employee of the licensee knowingly allowed possession,
use, or sale of a controlled substance on the sexually oriented business
premises;
(4)
The licensee or an employee of the licensee knowingly allowed prostitution
on the sexually oriented business premises;
(5)
The licensee or an employee of the licensee knowingly operated the
sexually oriented business during a period of time when the licensee's
license was suspended;
(6)
On two or more occasions within a 12-month period, an employee of the licensee committed in or on the sexually oriented business premises an offense listed in subsection 14-478(a)(10) for which a conviction or a deferred adjudication or other form of probation has been obtained; or
(7)
The licensee or an employee of the licensee knowingly allowed any
act of sexual intercourse, sodomy, oral copulation, masturbation,
or sexual contact to occur in or on the sexually oriented business
premises. The term "sexual contact" shall have the same meaning as
it is defined in V.T.C.A., Penal Code § 21.01.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
Subsection 14-483(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 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 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 14-483(b)(1) for an offense listed in subsection 14-478(a)(10) for which the time period required has not elapsed, an applicant may not be granted another license until the appropriate number of years required under subsection 14-478(a)(10) has elapsed.
(Ord. No. B-717, § 1(12-133), 6-10-2004)
(a)
If
the chief of police is authorized to deny the issuance of a license,
or suspend or revoke a license as provided in this article, the chief
of police shall give written notice to the applicant or licensee of
such intention and the basis for the denial, suspension, or revocation.
(1)
The notice of intent shall provide that the denial of issuance, or
the suspension or revocation shall be effective at the expiration
of the third working day after the chief of police gave the notification,
unless the applicant or licensee provides a written response to the
chief of police before the expiration of the third working day.
(2)
If the chief of police receives a timely written response from the
applicant or licensee, the denial of issuance, or the suspension or
revocation will be stayed pending a final decision by the chief of
police.
(b)
The
chief of police may request from the applicant or licensee any additional
information necessary to finally decide whether to deny, suspend,
or revoke a license.
(c)
After
reviewing the written response from and any additional information
submitted by the applicant or licensee, the chief of police shall
render a final written decision. The chief of police shall deliver
this final decision to the applicant or licensee by hand delivery
or by certified mail, return receipt requested, to the address provided
on the application.
(d)
The
final decision by the chief of police shall be final and effective
immediately.
(e)
Upon receipt of written notice of denial, suspension, or revocation, the applicant or licensee shall have the right to appeal to district court. If the chief of police denies, suspends, or revokes the license because the location of the sexually oriented business is or would be in violation of the locational requirements of section 14-474, the applicant may request an exemption from the location appeal board pursuant to section 14-495.
(g)
The
licensee or applicant shall bear the burden of proof in court.
(Ord. No. B-717, § 1(12-134), 6-10-2004)
(a)
A person
commits an offense if he transfers his license to another person or
operates a sexually oriented business under the authority of a license
at any place other than the address designated in the application.
(b)
A person
commits an offense if he counterfeits, forges, changes, defaces, or
alters a license.
(Ord. No. B-717, § 1(12-135), 6-10-2004; Ord. No. B-717(A0114), § 4, 2-3-2014)
(a)
An
employee of an adult cabaret while appearing in a state of nudity,
semi-nudity, or simulated nudity commits an offense if he knowingly
touches a customer or the clothing of a customer.
(b)
A customer
at an adult cabaret commits an offense if he knowingly touches an
employee appearing in a state of nudity, semi-nudity, or simulated
nudity.
(c)
A licensee
or employee of an adult cabaret commits an offense if he permits any
customer access to an area of the premises not visible from the manager's
station or not visible by a walkthrough of the premises without entering
a closed area, excluding restrooms.
(Ord. No. B-717, § 1(12-136), 6-10-2004)
(Ord. No. B-717, § 1(12-137), 6-10-2004; Ord. No. B-717(A0114), § 5, 2-3-2014)
(a)
A person
commits an offense if he employs at a nude modeling studio 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, semi-nudity, or simulated nudity in or on the premises
of a nude modeling studio.
(c)
A person
commits an offense if he appears in a state of nudity, semi-nudity,
or simulated nudity, or knowingly allows another to appear in a state
of nudity, semi-nudity, or simulated nudity, in an area of a nude
modeling studio premises which can be viewed from the public right-of-way.
(d)
A person
commits an offense if he places or permits a bed, sofa, or mattress
in any room on the premises of a nude modeling studio except that
a sofa may be placed in a reception room open to the public.
(e)
A licensee
or employee of a nude modeling studio commits an offense if he permits
any customer access to an area of the premises not visible from the
manager's station or not visible by a walk through of the premises
without entering a closed area, excluding restrooms.
(f)
An
employee of a nude modeling studio, while appearing in a state of
nudity, semi-nudity or simulated nudity, commits an offense if he
knowingly touches a customer or the clothing of a customer.
(g)
A customer
at a nude modeling studio commits an offense if he knowingly touches
an employee appearing in a state of nudity, semi-nudity or simulated
nudity.
(Ord. No. B-717, § 1(12-138), 6-10-2004)
(a)
A person
commits an offense if he knowingly allows a person under the age of
18 years to appear in a state of nudity, semi-nudity, or simulated
nudity in or on the premises of an adult cabaret 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, semi-nudity, or simulated nudity in or on the
premises of an adult cabaret or adult motion picture theater.
(Ord. No. B-717, § 1(12-139), 6-10-2004)
(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, he rents or subrents a
sleeping room to a person and, within ten hours from the time the
room is rented, he rents or subrents the same sleeping room again.
(Ord. No. B-717, § 1(12-140), 6-10-2004)
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, 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 as required by subsection 14-477(a)(1). The diagram shall show the location of the manager's stations. A manager's station shall not exceed 32 square feet of floor area.
(2)
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.
(3)
The
licensee commits an offense if he permits a manager's station to be
unattended by an employee at any time a customer is present on the
premises.
(4)
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 customer is permitted access for any
purpose, excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has 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 customer is permitted access for any purpose, excluding
restrooms, 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.
(5)
The
licensee commits an offense if he permits access to a customer of
any area of the premises that is not visible from the manager's station
for any purpose, excluding restrooms.
(6)
The owners, operator, and any agents and employees present on the premises shall ensure that the view area, specified in subsection (5) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times when any customer is present in the premises; and, shall ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (1), above.
(Ord. No. B-717, § 1(12-141), 6-10-2004)
(a)
Public
and employee restrooms in a sexually oriented business shall not,
at any time, contain or be used for sexually oriented business activity,
video reproduction equipment, or sexually oriented merchandise.
(b)
An
adult arcade, adult bookstore, adult video store, adult novelty store,
adult service establishment, adult cabaret, adult theater, adult motion
picture theater, nude modeling studio, sex parlor, and sexual encounter
center shall at all times maintain at least one legible sign posted
in a conspicuous place at each public entrance easily visible by all
persons prior to entry into the establishment with lettering of at
least one inch in height in English and Spanish which contains the
following statement:
"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY
FEATURES [description of the type of activity licensed to be conducted].
IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT ENTER.
NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY.
(c)
The
premises of any sexually oriented business shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination of
not less than 20 foot-candles measured at ground level.
(d)
During
hours of darkness when a sexually oriented business is in operation,
all required parking and all outdoor areas to which pedestrians have
access on the premises of the sexually oriented business shall be
lighted to an intensity of not less than five foot-candles measured
at ground level.
(e)
No
models, mannequins, pictures, drawings, sketches, or other live or
simulated, pictorial or graphic displays of nudity or simulated nudity
shall be allowed in a manner that is visible to the public from any
street, sidewalk, or other public place.
(f)
It
shall be an offense for any person maintaining, owning, or operating
a sexually oriented business to serve or offer for sale for consumption
on or off the premises, alcoholic beverages.
(g)
It
shall be unlawful for any person, including employees and patrons
while on the premises of a sexually oriented business, to possess,
serve, offer for sale or consume alcoholic beverages.
(h)
The
licensee commits an offense if he violates of this section.
(Ord. No. B-717, § 1(12-142), 6-10-2004; Ord. No. B-717(A0114), § 6, 2-3-2014)
(a)
Any
person who violates any of the provisions of this article shall be
guilty of a misdemeanor and upon conviction shall be fined an amount
not to exceed $2,000.00 for each offense affecting zoning, fire safety
or public health and sanitation, and $500.00 for all other offenses.
Each day that a violation is permitted to exist shall constitute a
separate offense.
(b)
Except
where a mental element is specifically required by this article, it
is the city's intention to dispense with any mental element from the
definition of any prohibited act, offense, or misdemeanor in this
article for which the punishment is by a fine not exceeding $500.00
or whenever in this article the doing of any act is required or the
failure to do any act is declared to be unlawful and the punishment
is by a fine not exceeding $500.00. Except where a mental element
is specifically required by this article, no culpable mental state
will be required to prove such a violation of this article.
(c)
The
penalty provided herein shall be cumulative of other remedies provided
by state law and the power of injunction as provided in V.T.C.A.,
Local Government Code §§ 54.02 and 243.010 may be exercised
in enforcing this article, whether or not a complaint has been filed.
(Ord. No. B-717, § 1(12-143), 6-10-2004)
It is a defense to prosecution under sections 14-474, 14-476, and 14-488 that a person appearing in a state of nudity, semi-nudity, or simulated nudity did so in a modeling class operated:
(a)
By
a proprietary school licensed by the state; a college, junior college,
or university supported entirely or partly by taxation;
(b)
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
(c)
In
a structure:
(1)
Which has no sign or other advertising visible from the exterior
of the structure indicating a nude, semi-nude or simulated nude person
is available for viewing;
(2)
Where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(3)
Where no more than one nude, semi-nude or simulated nude model is
on the premises at any one time.
(Ord. No. B-717, § 1(12-144), 6-10-2004)
(a)
The zoning board of adjustment shall serve as a location appeal board, and shall have the power to rule on the appropriate disposition of applications for exemptions from the location restrictions for sexually oriented businesses set forth in section 14-474. The location appeal board shall follow the rules and procedures set forth in this section.
(b)
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of section 14-474, 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.
(c)
If
the written request is filed with the city secretary within the ten-day
limit, a location appeal board 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.
(d)
A hearing
by the board may proceed only if five of the board members or alternates
are present. The board shall hear and consider evidence offered by
any interested person. The formal rules of evidence do not apply.
(e)
The location appeal board may grant an exemption from the location restrictions of section 14-474 if it makes the following findings:
(1)
That the location of the sexually oriented business will not have
a detrimental effect on nearby properties or be contrary to the public
safety or welfare;
(2)
That the location of the sexually oriented business will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
(3)
That the location of the 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)
That all other applicable provisions of this article will be observed.
(f)
In making the findings specified in subsection 14-495(e), the board shall take into account, among other things:
(1)
Crime statistics of the location and its 1,000 foot radius, without
regard to city boundaries, maintained by the appropriate law enforcement
agency for the previous six-month period;
(2)
Johnson and/or Tarrant County Appraisal District appraisals for the
location and its 1,000 foot radius, without regard to city boundaries,
taking into account any decline or increase in property values;
(3)
Vacancy rates of residential, commercial, or office space within
the surrounding 1,000-foot radius, without regard to city boundaries;
and
(4)
Any evidence regarding the award or denial of any public or private
grants for neighborhood conservation, urban renewal, or restoration
for any property located within an 800-foot radius, without regard
to city boundaries.
(g)
The
board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote approving the exemption 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 license appeal
board is final.
(h)
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 14-474 until the applicant applies for and receives another exemption.
(i)
The
grant of an exemption does not exempt the applicant from any provisions
of this article other than the location restrictions.
(Ord. No. B-717, § 1(12-145), 6-10-2004)
(Ord. No. B-717, § 1(12-146), 6-10-2004)
It shall be unlawful and an offense for any person to violate
or fail to comply with any provision hereof, whether or not such section
contains the specific language that such violation or failure to comply
is unlawful and is an offense.
(Ord. No. B-717, § 1(12-147), 6-10-2004)
If any article, section, sub-section, sentence or phrase of
this article should be held to be invalid for any reason whatsoever,
such invalidity shall not affect the remaining portions of this article
which shall remain in full force and effect and to this end the provisions
of this article are declared to be severable.
(Ord. No. B-717, § 1(12-148), 6-10-2004)
This article shall be in full force and effect from and after
its passage and publication as provided by law.
