A.
Definitions.
(1)
Taxicab
means a for hire, chauffeured motor
vehicle, used to transport persons, with a rated passenger capacity
of eight or less, that typically operates on irregular routes, irregular
schedules, and on a call and demand basis, but not including limousines
as defined in this section.
(2)
Limousine
means a vehicle that has a manufacturer’s
rated capacity of not more than 15 passengers and that is used for
the transportation of persons.
B.
Permit required.
It shall be unlawful for any person, firm or corporation to
drive or operate any taxicab or limousine service having a local base
of operations within the City of Sachse upon or over any street in
the City of Sachse without first having obtained a permit from the
City of Sachse issued under the terms and provisions of this section.
C.
Application
for permit.
An applicant for a permit under the provisions
of this section shall file with the police department of the City
of Sachse a written application signed by the applicant. The following
information is required in the application:
(1)
Name,
address and telephone number of the applicant, including the trade
name (Assumed Name Certificate) by which applicant does business;
the street address of the business, and if incorporated, the name
and address of the corporate officers registered with the secretary
of state;
(2)
Name,
local address and telephone number of the business to be permitted;
(3)
Proof
of insurance as required in subsection E hereof;
(4)
A description
of the business services which the applicant intends to offer including
the number and identification number of all vehicles for which a permit
is sought.
D.
Nature of
permit.
A permit issued under this section:
(1)
Is an
annual permit which expires 12 months after the date of issuance;
(2)
Is effective
for a single place of business only;
(3)
Vests
no property right in the permittee except to operate a taxicab or
limousine service within the city in accordance the terms and conditions
of this section;
(4)
Permit
must be openly displayed in vehicle at all times;
(5)
Is nontransferable
and nonassignable;
(6)
Is subject
to a fee of $200.00 per vehicle per year.
E.
Insurance
required.
Before any permit is issued to conduct a taxicab
business, the applicant shall file with the police department of the
City of Sachse a public liability insurance policy covering at least
the period for which the permit is to be issued, and shall keep the
same in full force and effect during the term of such permit. Such
policy shall be written by an insurance company duly authorized to
do business in the state, shall be performable in Collin County and
Dallas County, and shall insure the public against any loss or damage
that may result to any person or property from the operation of a
taxicab. The maximum amount of recovery provided for in such policy
shall not be less than the following sums:
(1)
$50,000.00
for the injury and destruction of property.
(2)
$100,000.00
for injury and death of any one person.
(3)
$300,000.00
for injury or death of any two or more persons in any one accident.
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Insurance companies issuing such policies of insurance shall,
at the time of issuance of such policies, issue a certificate to the
city, specifically providing that the insurance policy will not be
cancelled without notice first being given to the City of Sachse.
The city shall not be deemed to have assumed any responsibility for
the solvency of any insurance company, or in any manner to have become
liable for any sum on account of any such claims or on account of
any act or omission of any officer or employee of the city in connection
with any matter relating to such taxicabs and/or limousines, nor shall
the lawful liability of the owner or operator be in any manner limited
or enlarged by anything in connection with this section, or such insurance
policies, but persons having any cause or action secured thereby shall
be authorized to sue upon such insurance policies without impeding
the city.
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F.
Disqualification
of applicants and drivers.
No person shall be eligible
for a taxicab permit who, within ten years preceding the date of the
application or employment, has been finally convicted in a court of
competent jurisdiction of any of the following offenses:
(1)
Prostitution
or related offenses;
(2)
Driving
while intoxicated; or
(3)
Driving
while under the influence of drugs, and no such person, firm or corporation
to whom a permit has been issued shall employ anyone as a driver who
has been finally convicted in a court of competent jurisdiction of
the same offenses.
G.
Maximum
rates of fares.
No person operating a taxicab or limousine
within the city shall charge any amount of money for transporting
service plus waiting time in an amount greater than the schedule of
fares established in this section. Rates shall be established by the
city council. The following shall be the maximum lawful rates for
taxicab service:
|
Number of Passengers
|
Rate for 1st Mile or Fraction of Mile
|
Rate for each Additional 1/4 Mile
|
Waiting Time Per Hour
|
Each Additional Passenger
|
|---|---|---|---|---|
|
1
|
$2.50
|
$0.25
|
$8.00
|
Within Sachse $0.50 Outside Sachse $1.00
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As a part of its rate schedule, each permittee is encouraged
to offer a senior citizen discount to those persons 55 years of age
or older.
H.
Meters.
All taxicabs operating within the city limits shall be equipped
with meters which shall register the following:
(1)
The
mileage traveled from the time a passenger enters the taxicab until
the passenger reaches his destination or the service of the taxicab
is otherwise terminated.
(2)
The
amount of money which is to be charged for the transporting service,
plus any waiting time, such amount not to exceed the amounts displayed
on the meter herein required.
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It shall be unlawful for any person to operate a taxicab within
the city limits without a working meter, which performs the function
hereinabove listed. All taxi meters required in accordance with the
provisions of this section shall be maintained in good operating condition
and shall be tested and sealed at least once each year in accordance
with state weights and measures laws. The city may order a taxi meter
to be tested at any time, and the holder of a permit, issued in accordance
with the provision of this section, shall make the taxicab available
for testing when so ordered. The holder of such permit shall pay the
cost of testing taxi meters.
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I.
Parking
on streets; driving through alleys.
It shall be unlawful
for the holder of any permit issued under the terms of this section,
or the agent, servant or employee of such permittee to park or leave
standing any taxicab on the streets of the city, except while loading
and unloading passengers into and from such taxicab, or to drive through
the alleyways instead of streets, except to deliver passengers to
a point in an alley.
J.
Cruising
prohibited.
It shall be unlawful for any driver of any
taxicab to drive or cruise about on the streets of the city seeking
passengers who have not therefore ordered or called for a taxicab.
K.
Increasing
number of cabs after issuance.
If at any time the holder
of a permit under this section desires to use an additional taxicab
under the existing permit, he may do so only after he has made application
to the police department and has been granted by the police department
a permit to use such additional taxicab, and he shall furnish the
police department the same information regarding such additional vehicle
as required regarding those covered by the original permit.
(Ordinance 507 adopted 10/20/86)
A.
Licenses
required.
(1)
It shall
be unlawful for any person to operate a massage establishment or perform
massages without first having obtained a license from the Texas state
department of health as a registered massage therapist.
(2)
All
persons performing massages must be licensed by the Texas state department
of health as registered massage therapists.
(3)
It shall
be unlawful for any person to operate a massage establishment or perform
massages with an expired, revoked, or terminated license.
(4)
It shall
be unlawful for any person to operate a massage establishment without
first having obtained a permit or license from the City of Sachse,
in accordance with the provisions set forth in these sections.
B.
Application
for license from city.
Any person making application
for permit or license from the City of Sachse shall submit to the
following procedures:
(1)
Any
person desiring to obtain a permit or license to operate a massage
establishment shall make application to the city manager or his appointed
designee, submitting a nonrefundable fee of $400.00.
(2)
Furnish
to the City of Sachse proof that all employees of such establishment
have secured from the Texas state department of health a license as
a registered massage therapist.
(3)
Permit
or license is valid for 12 months only. Permit or license is subject
to review and renewal every 12 months. Application for permit is $400.00
per year. Renewals may not be issued prior to the payment of this
fee.
C.
Inspections.
Inspections of massage establishments shall be conducted each
year by the City of Sachse and the Dallas County department of health
to ensure compliance with this section, and any other applicable ordinance
and statutes. A permit or license from the City of Sachse to operate
a massage establishment must be renewed every 12 months and is subject
to review and inspection by the City of Sachse building, code enforcement,
and fire departments, in addition to review and inspection by the
Dallas County health department.
D.
Unlawful
in residential zone.
It shall be unlawful for any massage
establishment to be operated in any section of the city which is zoned
for residential purposes.
Editor’s note–Section 1 of Ordinance 1767 of August 21, 2000 repealed in its entirety the former section 4-2 A., which pertained to definitions relating to massage establishments. Sections 2-4 of the same ordinance amended sections 4-2 B.-D., and renumbered them as sections 4-2 A.-C. Accordingly, at the editor’s discretion, section 4-2 E. was renumbered as section 4-2 D. Sections 5-10 of Ordinance 1767 repealed former sections 4-2 F.-K., which pertained to terms of license, unlawful activities, sanitation requirements, standards of operation, revocation and suspension of license, and appeal from refusal to grant or renew from decision to revoke or suspend license.
Editor’s note–Responsibility for administration
of the massage establishment regulations was changed from the mayor
to the city manager with the adoption of the Code of Ordinances.
(Ordinance 193 adopted 9/10/74; Ordinance 1767 adopted 8/21/00; Ordinance
1771 adopted 9/5/00)
A.
Definitions.
For the purposes of this section, the following definitions
are adopted:
(1)
Occasional
sales shall mean intermittent sales of household goods, furniture
or furnishings of a used, damaged or discarded nature by an individual
resident of the City of Sachse upon his premises.
(2)
Permit
shall mean the permit or license secured by the individual from the
city secretary for the holding of an occasional sale under the provisions
of this section.
(3)
Permit
holder shall mean the individual who has secured a permit from the
city secretary under the provisions of this section for the holding
of an occasional sale of personal property belonging to him and on
his own residential premises.
B.
Regulations.
The following regulations shall apply to the holding of occasional
sales as defined herein.
(1)
An occasional
sale, which is also known as a garage sale, may be held by any permit
holder for a continuous period of time, not to exceed four consecutive
days for each sale.
(2)
Any
person desiring to hold an occasional sale shall secure from the city
secretary of the City of Sachse, a permit for such sale, which permit
shall be good for one period not exceeding four consecutive days.
The application for the permit shall include the name and address
of the applicant, the date of the sale and a description of the personal
property to be offered at the sale. The application shall state that
the applicant agrees not to conduct such sale for a period in excess
of four consecutive days from the date given in the application, and
that the applicant has not previously held more than one occasional
sale during the previous one-year period.
(3)
No person
shall hold an occasional sale on his or other residential premises
within the city in excess of two times in any one-year period.
(4)
The
city secretary is directed to review the application for permit for
an occasional sale and to refuse the same if:
(a)
The
applicant has held two sales within the past year; or
(b)
If
the applicant has held an occasional sale of longer than a four consecutive
day period, after the effective date of this section and within one
year of the latest application; or
(c)
If
the applicant has been convicted in the municipal court of the City
of Sachse within the past year for any violation of the terms of this
section.
(Ordinance 192 adopted 8/27/74)
A.
Definitions.
(1)
Public right-of-way
shall mean the entire width
between boundary lines of any real property owned or maintained by
the state, county, city or other political subdivision of the state
of which all or any part thereof is open to the use of the public
for pedestrian or vehicular traffic or travel.
(2)
Occasional sales
shall mean an intermittent
sale of household goods, furniture or furnishings of a used, damaged
or discarded nature by an individual resident of the City of Sachse
upon his premises.
B.
Sales and
promotions on public right-of-ways prohibited.
It shall
be unlawful for any person, firm or corporation to conduct an outdoor
retail sale and/or outdoor commercial promotion of any public right-of-way
as defined herein.
C.
Permit required
on private property.
It shall be unlawful for any person,
firm or corporation to operate or conduct an outdoor retail sale and/or
outdoor commercial promotion without first having obtained a permit
from the city.
D.
Application
for permit.
The applicant for a permit to conduct an
outdoor retail sale and/or commercial promotion shall file an application
for such permit with the city manager, or city official designated
by him, containing such information as required by the city manager.
E.
Building
permit required.
Any outdoor retail sale and/or outdoor
commercial promotion shall obtain all necessary building permits for
any structures or electrical devices used in connection with such
outdoor sale or commercial promotion as required by the building code
and other applicable ordinances and regulations of the City of Sachse.
F.
Compliance
with zoning ordinance required.
Any person, firm or corporation
conducting an outdoor sale and/or commercial promotion shall comply
with all zoning ordinance requirements applicable to the use district
in which such outdoor sale and/or commercial promotion shall occur
and this section shall not be interpreted to create an exception or
repeal of any zoning ordinance requirement heretofore passed by the
city.
G.
Occasional
sales and temporary produce stands excepted from permit requirements.
Permits for occasional sales as defined herein shall be governed by the terms of section 4-3 of this chapter and are not subject to the permit requirements contained in this section. The operation of a temporary produce stand shall not require the issuance of a permit pursuant to this section, but shall require a special use permit as set out in the city zoning ordinance.
(Ordinance 338 adopted 6/6/83)
A.
Policy.
It is hereby declared to be the policy of the City of Sachse
to bring about, through fair, orderly and lawful procedures the opportunity
for each person to obtain housing without regard to his race, color,
sex, religion or national origin.
It is further declared that this policy is based upon a recognition
of the right of every person to have access to adequate housing of
his own choice without regard to race, color, sex, religion or national
origin; and further that the denial of such right through consideration
based on race, color, sex, religion, or national origin is detrimental
to the health, safety and welfare of the inhabitants of the City of
Sachse and constitutes an unjust denial or deprivation of such rights
which is within the power and proper responsibility of government
to prevent.
B.
Definitions.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words so used in the present
tense include the future, words in the masculine gender include the
feminine, words in the plural number include the singular, and words
in the singular number include the plural.
(1)
Discriminatory housing practice
means an act
that is unlawful under subsections C, D, and E.
(2)
Dwelling
means any building, structure, or
portion thereof which is occupied as, or designed and intended for
occupancy as a residence by one or more families or any vacant land
which is offered for sale or lease for the construction or location
thereon of any such building, structure, or portion thereof.
(3)
Family
includes a single individual.
(4)
Person
includes one or more individuals, corporations,
partnerships, associations, labor organizations, legal representatives,
mutual companies, joint stock companies, trusts, unincorporated organizations,
trustees, fiduciaries, and any other organization or entity of whatever
character.
(5)
To rent
includes to lease, to sublease, to
let, and otherwise to grant for a consideration the right to occupy
premises not owned by the occupant.
C.
Discrimination
in the sale or rental of housing.
Except as exempted
by subsection F, it shall be unlawful for any person to:
(1)
Refuse
to sell or rent, after the making of a bona fide offer, or to refuse
to negotiate for the sale or rental of, or otherwise make unavailable
or deny, a dwelling to any person because of race, color, sex, religion,
or national origin;
(2)
Discriminate
against any person in the terms, conditions, or privileges of sale
or rental of a dwelling, or in the provision of services or facilities
in connection therewith, because of race, color, sex, religion or
national origin;
(3)
Make,
print, publish, or cause to be made, printed or published any notice,
statement, or advertisement regarding the sale or rental of a dwelling
that indicates any preference, limitation, or discrimination based
on race, color, sex, religion, or national origin, or an intention
to make any such preference, limitation, or discrimination;
(4)
Represent
to any person because of race, color, sex, religion, or national origin
that any dwelling is not available for inspection, sale, or rental
when such dwelling is in fact so available;
(5)
For
profit or with the hope or expectation of profit, induce, or attempt
to induce any person to sell or rent any dwelling by representations
regarding the entry or prospective entry into the neighborhood of
any person or persons of a particular race, color, sex, religion,
or national origin; and
(6)
For
profit or with the hope or expectation of profit to influence or attempt
to influence, by any words, acts, or failure to act, any seller, purchaser,
landlord, or tenant of a dwelling so as to promote the maintenance
of racially segregated housing or so as to retard, obstruct, or discourage
racially integrated housing.
D.
Discrimination
in the financing of housing.
It shall be unlawful for
any bank, building and loan association, insurance company or other
corporation, association, firm, or enterprise whose business consists
in whole or in part of the making of commercial or residential real
estate loans to discriminate in denying a loan or other financial
assistance to a person applying therefor for the purpose of purchasing,
constructing, improving, repairing, or maintaining a dwelling; or
to discriminate against any such person the fixing of the amount,
interest rate, brokerage points, duration, or other terms or conditions
because of:
(1)
The
race, color, sex, religion, or national origin of such person or of
any person associated with him in connection with such loan or other
financial assistance; or
(2)
The
race, color, sex, religion or national origin of the present or prospective
owners, lessees, tenants or occupants of the dwelling or dwellings
for which such loan or other financial assistance is made or given.
E.
Discrimination
in the provision of brokerage services.
It shall be unlawful
for any person to deny access to or membership or participation in
any multiple listing service, real estate brokers’ organization
or other service, organization, or facility relating to the business
of selling or rented dwellings, or to discriminate in the terms or
conditions of such access, membership, or particular on account of
race, color, sex, religion, or national origin.
F.
Exemptions
and exclusions.
(1)
There
shall be exempted from the application of subsections C through E
hereof, all transactions involving:
(a)
The
rental of units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living independently
of each other if the owner actually maintains and occupies one of
such units as his residence;
(b)
The
rental of a single room in a dwelling containing living quarters occupied
or intended to be occupied by no more than one family if the person
offering such room for rental actually maintains and occupies the
remainder of such dwelling as his residence and not more than four
such rooms are offered;
(c)
The
sale or rental of any single house by a private individual who owns
such house, provided that:
(i)
The sale or rental is made without the use in any manner of the sales
or rental facilities or the sales or rental services of any real estate
broker, agent or salesman, or of such facilities or services of any
person in the business of selling or renting dwellings or of any employee
or agent of any such broker, agent, salesman, or person;
(ii)
The sale is made without the publication, posting, or mailing of
any advertisement or written notice in violation of subsection C(3)
(This shall not prohibit the use of attorneys, escrow agents, abstractors,
title companies, or other such professional assistance as necessary
to perfect or transfer of title);
(iii)
The owner does not own more than three single-family houses at one
time;
(iv)
The owner does not own any interest in, nor is there owned or reserved
on his behalf, under any express or voluntary agreement, title to
or any right to all or any portion of the proceeds from the sale or
rental of more than three such single-family houses at one time; and
(v)
If the owner does not reside in the house at the time of sale or
was not the most recent resident of such house prior to the sale,
the exemption granted by this subsection shall apply only with respect
to one such sale within any 24-month period.
(2)
Nothing
in this section shall prohibit a religious organization, association,
or society or any nonprofit institution or organization operated,
supervised, or controlled by or in conjunction with a religious association,
or society from limiting the sale, rental, or occupancy of dwellings
which it owns or operates for other than a commercial purpose to persons
of the same religion, or from giving preference to such persons, unless
membership in such religion is restricted on account of race, color,
sex, or national origin.
(3)
Nothing
in this section shall prohibit a bona fide private club, not in fact
open to the public, which as an incident to its primary purpose, provides
lodging which it owns or operates for other than a commercial purpose,
from limiting the rental or occupancy of such lodgings to its members
or from giving preference to its members.
(4)
Nothing
in this section shall bar any person from owning and operating a housing
accommodation in which a room or rooms are leased, subleased, or rented
only to persons of the same sex, when such housing accommodation contains
common lavatory, kitchen, or similar facilities available for the
use of all persons occupying such housing accommodation.
G.
Fair housing
administrator.
The city manager shall serve as the city’s
fair housing administrator (hereinafter referred to as “administrator”),
who shall have the responsibility for implementing this section. The
administrator may delegate his authority to investigate and conciliate
complaints to other city employees under his direction.
H.
Complaints.
(1)
Only
the person who claims to have been injured by a discriminatory housing
practice or who believes he will be irrevocably injured by a discriminatory
housing practice that has occurred or is occurring (hereafter referred
to as “person aggrieved”) may file a complaint with the
administrator. Such complaints shall be in writing and shall identify
the person alleged to have committed or alleged to be committing a
discriminatory housing practice and shall state the facts upon which
the allegations of a discriminatory housing practice are based. The
administrator shall prepare complaint forms and furnish them to any
person, upon request.
(2)
All
complaints shall be filed within 60 days following the occurrence
of an alleged discriminatory housing practice. Upon the filing or
referral of any complaint, the administrator shall provide notice
of the complaint by furnishing a copy of such complaint to the person
or persons named therein who allegedly committed or were threatening
to commit an alleged discriminatory housing practice. The accused
may file an answer to the complaint within 15 days of receipt of the
written complaint.
(3)
All
complaints and answers shall be subscribed and sworn to before an
officer authorized to administer oaths.
I.
Investigation.
(1)
Upon
the filing or referral of a complaint as herein provided, the administrator
shall cause to be made a prompt and full investigation of the matter
stated in the complaint.
(2)
During
or after the investigation, but subsequent to the mailing of the notice
of the complaint, the administrator shall, if it appears that a discriminatory
housing practice has occurred or is threatening to occur, attempt
by informal endeavors to effect conciliation, including voluntary
discontinuance of the discriminatory housing practice and adequate
assurance of future voluntary compliance with the provisions of this
section. Nothing said or done in the course of such informal endeavors
may be made public by the administrator, by the complainant or by
any other party to the proceedings without the written consent of
all persons concerned.
(3)
Upon
completion of the investigation and informal endeavors at conciliation
by the administrator, but within 30 days of the filing of the complaint
with the administrator, if the efforts of the administrator to secure
voluntary compliance have been unsuccessful, and if the administrator
has made a determination that a discriminatory housing practice has
in fact occurred, the administrator shall recommend to the city attorney
that such violation be prosecuted in the Municipal Court of the City
of Sachse. With such recommendation, the administrator shall refer
his entire file to the city attorney. The city attorney shall, within
30 days after such referral make a determination as to whether to
proceed with prosecution of such complaint in Municipal Court. If
the city attorney determines to prosecute, he shall institute a complaint
and prosecute the same to conclusion within 30 days after such determination
or as soon thereafter as practicable.
J.
Unlawful
intimidation.
It shall be unlawful for any person to
harass, threaten, harm, damage, or otherwise penalize any individual,
group, or business because he or they complied with the provisions
of this section, because he or they have exercised his or their rights
under this section, or enjoyed the benefits of this section, or because
he or they have made a charge, testified, or assisted in any manner
in any investigation, or in any proceeding hereunder or have made
any report to the administrator.
K.
Education
and public information.
In order to further the objectives
of this section, the administrator may conduct educational and public
information programs.
(Ordinance 797 adopted 6/5/89)
A.
Definitions.
(1)
Canvasser
means a person who attempts to make
personal contact with a person at a residence without prior specific
invitation or appointment from the residence for the primary purpose
of attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause.
(2)
Charitable purpose
means philanthropic, religious
or other nonprofit objectives, including the benefit of poor, needy,
sick, refugee or handicapped persons; the benefit of any church or
religious society, sect, group or order; the benefit of a patriotic
or veterans’ association or organization; the benefit of any
fraternal, social or civic organization, or the benefit of any educational
institution. “Charitable purpose” shall not be construed
to include the direct benefit of the individual making the solicitation.
“Charitable purpose” shall not be construed to include
the benefit of any political group or political organization which
is subject to financial disclosure under state or federal law.
(3)
Chief of police
means the Chief of Police of
the City of Sachse, or designee.
(4)
Consumer
means an individual who seeks or acquires
real or personal property, services, money or credit for personal,
family or household purposes.
(5)
Consumer transaction
means a sales transaction
in which one or more of the parties is a consumer.
(6)
Goods
means property of any kind.
(7)
Home solicitation transaction
means a consumer
transaction for the purchase of goods, services or realty, payable
in installments or in cash, in which the merchant engages in a personal
solicitation of the sale to the consumer at a residence, and the consumer’s
agreement or offer to purchase is given at the residence to the merchant.
A home solicitation transaction shall not include a sale made pursuant
to a preexisting revolving charge account or retail charge agreement;
or a sale made pursuant to prior negotiations between the parties
at a business establishment at a fixed location where goods or services
are offered or exhibited for sale; or a sale of realty in which transaction
the purchaser is represented by a licensed attorney or in which the
transaction is being negotiated by a licensed real estate broker.
(8)
Public property
means:
(9)
Residence
means any separate living unit occupied for residential purposes
by one or more persons contained within any type of building or structure.
(10)
Roadway.
As defined in Chapter 541, Texas Transportation Code.
(11)
Services
means any work done for the benefit of another person.
(12)
Solicit
or solicitation
means to ask, beg or plead, whether orally
or in a written or printed manner for the purpose of receiving contributions,
alms, charity, or gifts of items of value for oneself or another person.
(13)
Solicit
funds or solicitation of funds
means any request for
money, property or anything of value; or the pledge of future money,
property or anything of value; or the selling or offering for sale
of any property, real or personal, tangible or intangible, whether
of value or not, including, but not limited to, goods, books, pamphlets,
tickets, publications or subscriptions to publications. Expressly
excluded from the meaning of “solicit funds” or “solicitation
of funds” is any offer of membership in any organization. A
solicitation of funds is complete when the solicitation is communicated
to any individual then located within the corporate limits of the
city.
(14)
Vehicle.
As defined in Chapter 541, Texas Transportation Code.
B.
Hours of
solicitation.
Solicitation shall occur only during the
time that is one-half hour after sunrise and one-half hour before
sunset. This provision does not apply where the solicitor is on the
property by express, prior invitation of the owner of the property
or a person residing on the premises.
C.
Solicitation
and handbill distribution on private property.
(1)
A person
desiring that no person conduct solicitation, home solicitation transaction,
charitable solicitation, solicitation of funds, the placement of handbills
or other advertisements, or canvassing for any cause at such person’s
residence shall exhibit in a conspicuous place upon or near the main
entrance to the residence a weatherproof card, not less than three
inches by four inches in size, containing the words “NO SOLICITORS”
or similar language. The letters shall not be less than two-thirds
of an inch in height.
(2)
Every
merchant going onto any premises upon which a residence is located
shall first examine the residence to determine if any notice prohibiting
soliciting is exhibited upon or near the main entrance to the residence.
If notice prohibiting soliciting is exhibited, the merchant shall
immediately depart from the premises without disturbing the occupant,
unless the visit is the result of a request made by the occupant.
(3)
It shall be unlawful for any person to go upon any residential premises and ring the doorbell, or rap or knock upon the door, or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a solicitation, home solicitation transaction, charitable solicitation, placement of handbills, or other advertisement, solicit funds, or to canvass for any cause, if a card as described in subsection (1) is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is a result of a request by the occupant.
(4)
It shall
be unlawful for any person, handbill distributor, or sponsor, to distribute
or cause to be distributed, deposited, placed, thrown, scattered,
or cast any handbill or other advertisement upon any residential property
or motor vehicles except by handing or transmitting such handbill
directly to the owner, occupant, or any other person then present
in or upon such private premises or by placing or depositing the same
in a manner to secure and prevent such handbills from being blown
or drifting about the premises. It shall be unlawful for any person
to attach handbills to the door of any residence in any manner except
by the use of rubber bands. No handbills may be tacked, glued or taped
to the premise of the residence. No handbills may be attached or place
on any motor vehicles on private or public property.
(5)
The
name of the commercial handbill distributor or sponsor shall be clearly
printed on each handbill or other advertisement that is distributed.
D.
Permits.
(1)
No person,
directly or through an agent, shall solicit funds, engage in a home
solicitation transaction, or solicit in person from house to house
in the city to sell or attempt to sell goods, merchandise, wares,
services or anything of value or to take or attempt to take orders
for the future delivery of goods, merchandise, wares or any personal
property of any nature whatsoever, or take or attempt to take orders
for services to be furnished or performed in the future, or to distribute
commercial handbills or other advertisements on private property,
without first having obtained a permit.
(2)
It shall
be unlawful for any person to sell or solicit in the city without
carrying the permit required by this section on his person, in plain
view, clearly displayed and recognizable, while engaged in such soliciting
or selling. It shall be unlawful for any solicitor to fail or refuse
to display such permit upon the request of any person.
(3)
A canvasser
is not required to obtain a permit.
(4)
Application
and required information. Any person desiring to solicit, solicit
funds, make home solicitation transactions or distribute commercial
handbills or other advertisements on private property within the city
shall make written application, on a form provided by the city to
the chief of police for a permit which shall include at least the
following:
(a)
The
name of the person applying and desiring to make home solicitations.
(b)
Whether
the person registering is a natural person, partnership, corporation
or association; and
i.
If
a natural person, the business or residence address and telephone
number;
ii.
If a partnership, the name of all partners and the principal business
address and telephone number of each partner;
iii.
If a corporation, the person registering must state whether it is
organized under the laws of the state or is a foreign corporation,
and must show the mailing address, business location, telephone number,
name of the main individual in charge of the local office of such
corporation, if any, and the names of all officers and directors or
trustees of such corporation, and, if a foreign corporation, the place
of incorporation; or iv. If an association, then show the association’s
principal business address and telephone number, if any, and show
the names and principal business or residence addresses and telephone
numbers of all members of the association unless they exceed ten in
number, in which case the application shall so state and the person
registering may alternatively list names and principal business or
residence addresses and telephone numbers of the officers and directors
or trustees of the association. If the association is part of a multistate
organization or association, the mailing address and business location
of its central office shall be given in addition to the mailing address
and business location of its local office.
(c)
The
names, mailing addresses and telephone numbers of all individuals
who will be in direct charge or control of the solicitation of funds.
(d)
The
time period within which the solicitation of funds is to be made,
giving the date of the beginning of solicitation and its projected
conclusion, and how often the applicant will solicit during the year.
(e)
A
description of the methods and means by which the solicitation of
funds is to be accomplished.
(f)
Names
of other communities in which the applicant has made home solicitations
in the past six months.
(g)
The
nature of the merchandise to be sold or offered for sale, or the nature
of the service to be furnished.
(h)
Whether
such applicant, upon any such order obtained, will demand, accept
or receive payment or the deposit of money in advance of final delivery.
(i)
If
the applicant is unable to provide any of the foregoing information,
an explanation of the reasons why such information is not available.
(j)
Name,
address, telephone number and Social Security number of each adult
who will be responsible for supervising any juvenile solicitor (under
17 years of age).
(k)
Whether
the applicant, or any person employed by applicant to solicit, has
ever been convicted of a felony or a misdemeanor involving moral turpitude.
(5)
Signatures.
The application must be signed by the applicant, if the person
is an individual; if the person applying is a partnership, by the
partner charged with the disbursing of funds solicited; and if the
person applying is a corporation or an association, by its officer
charged with disbursing the funds solicited. The individual signing
the application shall sign and swear before an officer authorized
to administer oaths that he has carefully read the application and
that all the information contained therein is true and correct.
(6)
Required
fee.
The application shall be accompanied by a nonrefundable
registration fee of $30.00 plus an additional $10.00 will be required
for each person soliciting, making home solicitations and distributing
commercial handbills to compensate the city for the cost of administering
this section. A fee is not required for charitable solicitations or
soliciting for charitable purposes.
(7)
Exemptions
from fee provisions.
The fees required by this section
shall not be required of ordinary commercial travelers to sell or
exhibit for sale goods, wares or merchandise to persons selling or
dealing in the same within the city, and individuals operating under
licenses granted by a state agency or dealing in interstate commerce.
(8)
Permit
duration.
A permit requested under this section shall
be issued for the length of time requested, not to exceed 90 days.
(9)
Appeal
from denial or revocation of permit.
Should an applicant
be denied a permit or have a permit revoked, the applicant may appeal
that action to the city manager or his designee by submitting a letter
to the city secretary within ten days of action complained of. A hearing
on the denial will then be scheduled within seven days of receipt
of the appeal, to be held within 15 days. The city manager, or his
designee, shall render a decision on the appeal within three days
of the date of the hearing. The decision of the city manager, or his
designee, shall be final.
E.
Charitable
solicitations registration.
(1)
All
persons desiring to solicit for a charitable purpose or to solicit
funds for charitable purposes in the city shall obtain a permit as
provided in subsection D.
(2)
The
solicitation of funds for charitable purposes by any organization
or association from its members, or the solicitation of funds for
charitable purposes by persons when such solicitation occurs on premises
owned or controlled by the person soliciting funds, or with the permission
of the person who owns or controls the premises, when previously invited
to the premises for solicitation is exempt from this section.
F.
Solicitations
to occupants of vehicles on public roadways prohibited.
(1)
Except
as provided in this section, a person commits an offense if, while
occupying any roadway, traffic median or public property adjacent
to any public roadway in the city, such person knowingly conducts
a solicitation directed to, or intended to attract the attention of,
the occupant of any vehicle stopped or traveling on the roadway. An
offense occurs when the solicitation is made, whether or not an actual
employment relationship is created, a transaction is completed, or
an exchange of money, goods, or services takes place.
G.
Penalties.
Any person violating any provision of this section or failing to observe any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-7 of this Code of Ordinances by a fine not to exceed $500.00. Each day that the violation continues shall be deemed as a separate offense.
(Ordinance 885 adopted 6/18/90; Ordinance 3148, sec. 1, adopted 7/6/09)
A.
Findings.
(1)
The
city council makes the following findings with regard to sexually-oriented
establishments:
(a)
Section
215.075, Local Government Code, State of Texas, authorizes home rule
cities to license any lawful business, occupation, or calling that
is susceptible to the control of the police power.
(b)
Section
54.004, Local Government Code, authorizes home rule cities to enforce
all ordinances necessary to protect health, life, and property, and
to preserve the good government, order and security of such cities
and their inhabitants.
(c)
Chapter
243, Local Government Code, authorizes cities regulate sexually-oriented
businesses.
(d)
The
city council finds that sexually-oriented businesses are frequently
used for unlawful sexual activities, including prostitution and sexual
liaisons of a casual nature.
(e)
The
concern over sexually transmitted diseases is a legitimate health
concern of the city which demands reasonable regulation of sexually-oriented
businesses in order to protect the health and well-being of the citizens.
(f)
Licensing
is a legitimate and reasonable means of accountability to ensure that
operators of sexually-oriented businesses comply with reasonable regulations
and to ensure that operators do not knowingly allow their establishments
to be used as places of illegal sexual activity or solicitation.
(g)
There
is convincing documented evidence that sexually-oriented businesses,
because of their very nature, have a deleterious effect on both the
existing businesses around them and the surrounding residential areas
adjacent to them, causing increased crime and the downgrading of property
values.
(h)
It
is recognized that sexually-oriented businesses, due to their nature,
have serious objectionable operational characteristics particularly
when they are located in close proximity to each other, thereby contributing
to urban blight and downgrading the quality of life in the adjacent
areas.
(i)
The
city council desires to minimize and control these adverse effects
and thereby preserve the property values and character of surrounding
neighborhoods, deter the spread of urban blight, protect the citizens
from increased crime, preserve the quality of life, and protect the
health, safety and welfare of the citizenry.
(j)
That
the secondary effects precipitated by establishment of a sexually
oriented business can be substantially mitigated by requiring separation
of the sexually oriented business from residential uses and places
of public assembly and from one another.
(2)
The
city council makes the following findings with regard to the licensing
of sexually-oriented establishments:
(a)
The
city council believes it is in the interest of the public safety and
welfare to prohibit persons convicted of certain crimes, defined below
as specified criminal offenses, from engaging in the occupation of
operating a sexually-oriented business.
(b)
The
city council, in accordance with article 6252-13c of the Revised Civil
Statutes of Texas, has considered the following criteria:
(i)
The nature and seriousness of the crime;
(ii)
The relationship of the crime to the purposes for requiring a license
to engage in the occupation;
(iii)
The extent to which a license might offer an opportunity to engage
in further criminal activity of the same type as that in which the
person previously had been involved; and
(iv)
The relationship of the crime to the ability, capacity, or fitness
required to perform the duties and discharge the responsibilities
of the licensed occupation.
(c)
The
city council has determined that the specified criminal offenses,
as set forth below, are serious crimes which are directly related
to the duties and responsibilities of the occupation of operating
a sexually-oriented business.
(d)
The
city council has determined that the very nature of the occupation
of operating a sexually-oriented business brings a person into constant
contact with persons interested in sexually-oriented materials and
activities, thereby giving the person repeated opportunities to commit
offenses against public order and decency or crimes against the public
health, safety, or morals, should he or she be so inclined. Thus,
the city council is of the opinion that conviction of a specified
criminal offense renders a person unable, incompetent, and unfit to
perform the duties and responsibilities accompanying the operation
of a sexually-oriented business in a manner that would promote the
public safety and trust.
(3)
The
city council has determined that no person who has been convicted
of a specified criminal offense, as set forth below, is presently
fit to operate a sexually-oriented business until the respective time
periods designated in that section have expired.
(4)
It is
the intent of the city council to disqualify a person from being issued
a sexually-oriented business license by the City of Sachse if he or
she is currently under indictment or misdemeanor information for,
or has been convicted within the designated time period of, any specified
criminal offense.
(5)
Pursuant
to the provisions of section 243.006 (2), Local Government Code, the
city council finds that, generally, the operation of a sexually-oriented
business within 1,000 feet of the following uses is inconsistent with
such uses:
(a)
Churches,
or similar places of regular religious worship;
(b)
Public
or private elementary or secondary schools;
(c)
Boundaries
of residential districts, as defined by the Sachse Zoning Map;
(d)
Public
parks adjacent to residential districts, as defined by the Sachse
Zoning Map;
(e)
Property
lines of lots devoted to residential use;
(f)
Child
care centers, kindergartens, day care centers, and similar child-oriented
businesses;
(g)
Municipal
public buildings, including but not limited to the Sachse city hall,
fire stations, libraries, and service centers; and
(h)
Other
sexually-oriented businesses.
B.
Purpose
and intent.
(1)
It is
the purpose of this section 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 section 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 section to restrict
or deny access by adults to sexually-oriented materials protected
by the First Amendment of the Constitution of the United States of
America, or to deny access by the distributors and exhibitors of sexually-oriented
entertainment to their intended market.
(2)
It is
the intent of the city council, that to the extent possible, the provisions
of this section are enacted pursuant to the authority granted to the
City of Sachse by Chapter 243, Local Government Code. Any provision
of this section which is beyond the authority granted to the City
of Sachse by Chapter 243, Local Government Code, is enacted pursuant
to the Sachse city charter and the inherent and statutory powers of
a Home Rule City.
C.
Exempt businesses.
The following are exempt from regulation under this section:
(1)
A bookstore,
movie theater, or video store, unless that business is an adult bookstore,
adult movie theater, or adult video store as defined herein;
(2)
A business
operated by or employing a licensed psychologist, licensed physical
therapist, licensed athletic trainer, licensed cosmetologist, or licensed
barber engaged in performing functions authorized under the license
held; or
(3)
A business
operated by or employing a licensed physician or licensed chiropractor
engaged in practicing the healing arts.
D.
Definitions.
In this section the following words and terms shall be interpreted
as follows (unless the context indicates a different meaning):
(1)
Adult arcade
means any place to which the public
is permitted or invited wherein coin-operated or slug-operated or
electronically, electrically, or mechanically control still or motion
picture machines, projectors, or other image producing devices are
maintained to show images to five or fewer persons per minute at anyone
time, and where the images so displayed are distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
(2)
Adult cabaret
means a nightclub, bar, restaurant,
or similar commercial establishment which features more than one day
per calendar month:
(a)
Persons
who appear in a state of nudity;
(b)
Live
performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
(c)
Films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
(3)
Adult
motel
means a hotel, motel or similar commercial establishment
which offers accommodations to the public for any form of consideration,
and:
(a)
Provides
patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, 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;
(b)
Offers
a sleeping room for rent for a period of time that is less than ten
hours; or
(c)
Allows
a tenant or occupant of a sleeping room to subrent the room for a
period of time that is less than ten hours.
(4)
Adult
movie theater
means a commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions are shown, more than
one day per calendar month, which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
(5)
Adult
theater
means a theater, concert hall, auditorium, or
similar commercial establishment which more than one day per calendar
month, 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.
(6)
Chief
of police
means the Chief of Police of the City of Sachse
or his designated agent.
(7)
Escort
means a person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
(8)
Escort
agency
means a person who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip, or other consideration.
(9)
Establishment
means and includes any of the following:
(a)
The
opening or commencement of any sexually-oriented business as a new
business;
(b)
The
conversion of an existing business to a sexually-oriented business;
(c)
The
conversion of an existing sexually-oriented business to another sexually-oriented
business;
(d)
The
addition of another sexually-oriented business to an existing sexually-oriented
business; or
(e)
The
relocation of any sexually-oriented business.
(10)
Licensee
means a person in whose name a license to operate a sexually-oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
(11)
Media,
sexual oriented
means magazines, books, videotapes, movies,
slides, CD’s, DVD’s or other devices used to record computer
images, or other media which are distinguished or characterized by
their emphasis on matter depicting, describing, or relating to “specified
sexual activities” or “specified anatomical areas”.
(12)
Media
store, sexually oriented
means an establishment that
rents and/or sells sexually oriented media, and that meets any of
the following three tests:
(a)
More than 40 percent of the gross public floor area is devoted to
sexually-oriented media; or
(b)
More than 40 percent of the stock in trade consists of sexually-oriented
media; or
(c)
It advertises or holds itself out in any forum as a “XXX”,
“adult” or “sex” business, or otherwise as
a sexually oriented business, other than adult cabaret, adult motion
picture theater or adult theater.
(13)
Nude
model studio
means 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.
(14)
Nudity
or a state of nudity
means the showing of the human male
or female genitals, pubic area, vulva, anus, anal cleft or cleavage
with less than a fully opaque, meaning nontranslucent, covering, the
showing of the female breast with less than a fully opaque covering
of any part of the nipple or areola, or the showing of the covered
male genitals in a discernibly aroused state. For purposes of this
definition, body paint, body dyes, tattoos, liquid latex, whether
wet or dried, and other similar substances shall not be considered
an opaque covering.
(15)
Operates
or causes to be operated
means to cause to function or
to put or keep in operation. A person may be found to be operating
or causing to be operated a sexually-oriented business whether or
not that person is an owner, part owner, or licensee of the business.
(16)
Person
means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
(17)
Semi-nude
means a state of dress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
(18)
Sex
shop
means an establishment offering goods for sale or
rent and that meets any of the following tests:
(a)
It offers for sale items from any two of the following categories:
Sexually-oriented media; lingerie; leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices; sexually-oriented
novelties; and the combination of such items constitute more than
ten percent of its stock in trade or occupies more than ten percent
of its floor area;
(b)
More than five percent of its stock in trade consists of sexually-oriented
toys or novelties;
(c)
More than five percent of its gross public floor area is devoted
to the display of sexually-oriented toys or novelties.
(19)
Sexual
encounter center
means a business or commercial enterprise
that, as one of its primary business purposes, offers for any form
of consideration:
(20)
Sexually-oriented
business
means an inclusive term used to describe collectively
the following businesses: Adult arcade, sexually-oriented media store,
adult cabaret, adult motel, adult movie theater, adult theater, escort
agency, nude model studio, sex shop, sexual encounter center, or other
commercial enterprise the primary business of which is the offering
of a service or the selling, renting, or exhibiting of devices of
other items intended to provide sexual stimulation or sexual gratification
to the customer.
(21)
Specified
anatomical areas
include:
(a)
Less than completely and opaquely covered human genitals, pubic region,
or the areola or nipple of the female breasts; and
(b)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered; and
(c)
Areas of the human anatomy included in the definition of “nudity
or state of nudity”.
(22)
Specified
sexual activities
means acts of human masturbation, sexual
intercourse, or sodomy. These activities include, but are not limited
to the following: Bestiality, erotic or sexual stimulation with objects
or mechanical devices, acts of human analingus, cunnilingus, fellatio,
flagellation, masturbation, sadism, sadomasochism, sexual intercourse,
sodomy, or any excretory functions as part of or in connection with
any of the activities set forth above with any person on the premises.
This definition shall include apparent sexual stimulation of another
person’s genitals whether clothed or unclothed.
(23)
Specified
criminal offense
means:
(a)
Any of the following offenses as described in Chapter 4 of the Texas Penal Code, as amended: prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, or possession of child pornography;
(b)
Any of the following offenses as described in Chapter 21 of the Texas
Penal Code, as amended: public lewdness, indecent exposure, or indecency
with a child;
(c)
Engaging in organized criminal activity as described in Chapter 71
of the Texas Penal Code, as amended;
(d)
Sexual assault or aggravated sexual assault as described in Chapter
22 of the Texas Penal Code, as amended;
(e)
Incest, solicitation of a child, or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code, as amended;
(f)
Kidnapping or aggravated kidnapping as described in Chapter 20 of
the Texas Penal Code, as amended;
(g)
Robbery or aggravated robbery as described in Chapter 29 of the Texas
Penal Code, as amended;
(h)
Bribery or retaliation as described in Chapter 36 of the Texas Penal
Code, as amended;
(i)
A violation of the Texas Controlled Substances Act or Dangerous Drugs
Act punishable as a felony, class A misdemeanor or class B misdemeanor;
or
(j)
Criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses.
(24)
Specified
sexual activities
means and includes any of the following:
(a)
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breast;
(b)
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
(c)
Masturbation, actual or simulated; or
(d)
Excretory functions as part of or in connection with any of the activities
set forth in (a) through (c) above.
(25)
Substantial
enlargement of a sexually-oriented business
means the
increase in floor area occupied by the business by more than 25 percent,
as the floor area exists on December 21, 1992.
(26)
Transfer
of ownership or control of a sexually-oriented business
means and includes any of the following:
(a)
The sale, lease, or sublease of the business;
(b)
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
(c)
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 law upon the death of the
person possessing the ownership or control.
E.
Classification.
Sexually-oriented businesses are classified as follows:
F.
License
required.
A person commits an offense if he or she operates
a sexually-oriented business without a valid license, issued by the
city for the particular type of business.
G.
Application
for license.
(1)
An application
for a license must be made on a form provided by the chief of police.
(2)
The application must be accompanied by a sketch or diagram showing the configuration of the premises in which the applicant intends to operate the sexually-oriented business, including a statement of total floor space to be 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 subsection W of this section shall submit a diagram meeting the requirements of subparagraph (a) of paragraph (1) of subsection W.
(3)
The
application fee, provided in subsection J, must be paid at the time
the application is filed with the chief of police.
(4)
If a
person who wishes to operate a sexually-oriented business is an individual,
he or she 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 subsection H below,
and each applicant shall be considered a licensee if a license is
granted.
H.
Qualifications
of applicant.
The applicant for a sexually-oriented business
license must meet all of the following requirements:
(1)
He or
she is 18 years of age or older;
(2)
He or
she, or his or her spouse, is not overdue in the 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;
(3)
He or
she, or his or her spouse, has not been convicted of a violation of
a provision of this section, 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
has no effect;
(4)
He or
she has been employed in a sexually-oriented business in a managerial
capacity within the preceding 12 months and has demonstrated that
he or she is not able to operate or manage a sexually-oriented business
premises in a peaceful and law-abiding manner;
(5)
Subject
to the provisions of paragraph (6) of this subsection H concerning
time limitations, he or she, or his or her spouse, has not been convicted
(irregardless of whether such conviction is being appealed) or is
under indictment or misdemeanor information for, a specified criminal
offense;
(6)
Subject
to the provisions of paragraph (7) of this subsection H below, the
provisions of paragraph (5) of this subsection H shall apply if:
(a)
Less
than two years have elapsed since the date of conviction or the date
or release from confinement imposed for the conviction, whichever
is the later date, if the conviction is for a misdemeanor offense;
(b)
Less
than five years have elapsed since the date of conviction or the date
of release from confinement imposed for the conviction, whichever
is the later date, if the conviction is for a felony offense; or
(c)
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 conviction is for two or more misdemeanor
offenses or a combination of misdemeanor offenses occurring within
any 24-month period.
(7)
Notwithstanding
the provisions of paragraph (6) of this subsection H, an applicant
who has been convicted or whose spouse has been convicted of a specified
criminal offense, for which the required time period has elapsed since
the date of conviction or the date of release from confinement imposed
for the conviction, may qualify for a sexually-oriented business license
only if the chief of police determines that the applicant or the applicant’s
spouse is presently fit to operate a sexually-oriented business. In
determining such present fitness, the chief of police shall consider
the following factors:
(a)
The
extent and nature of the past criminal activity;
(b)
His
or her age at the time of the commission of the crime;
(c)
The
amount of time that has elapsed since his or her last criminal activity;
(d)
His
or her conduct and work activity prior to and following the criminal
activity;
(e)
Evidence
of his or her rehabilitation or rehabilitative effort while incarcerated
or following release;
(f)
Other
evidence of his or her present fitness, including letters of recommendation
from: prosecution, law enforcement, and correctional officers who
prosecuted, arrested, or had custodial responsibility for him or her;
the sheriff and chief of police in the community where he or she resides;
and any other persons in contact with him or her; and
(g)
He
or she has maintained a record of steady employment and has supported
his or her dependents and has otherwise maintained a record of good
conduct and has paid all outstanding court costs, supervision fees,
fines and restitution as may have been ordered in all criminal cases
in which he or she has been convicted.
(8)
It is
the responsibility of the applicant, to the extent possible, to secure
and provide to the chief of police, in the form he requires, the evidence
required to determine present fitness under paragraph (7) above.
I.
Issuance
of license.
(1)
Within
30 days after receipt of an application, the chief of police shall
approve the issuance of a license to an applicant if the chief of
police finds that the application complies with all of the following:
(a)
The
applicant meets the qualifications provided in subsection H, above;
(b)
The
premises of the proposed sexually-oriented business meet the requirements
of this section;
(c)
The
applicant has provided all of the information reasonably necessary
for processing the application, and has truthfully answered all questions
and requests for information on the application form; and
(d)
The
application fee required by subsection J has been paid.
(2)
After
approval by the chief of police as provided above, the assessor and
collector of taxes shall issue the license.
(3)
The
license shall be in effect for one calendar year after issuance.
(4)
The
license, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, the classification,
and the address of the sexually-oriented business. The licensee shall
post the license in a conspicuous place at or near the entrance of
the business so that it may be easily read at all times.
J.
Fees.
The filing fee for an application for a sexually-oriented business
license, either initial or renewal, is $500.00, and is applicable
whether or not the sexually-oriented business license is issued.
K.
Inspection.
(1)
An applicant
or licensee shall permit the city health officer and representatives
of the police department, fire department, and building inspection
department, 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.
(2)
A licensee
or his agent or employee commits an offense if he or she violates
the provision of paragraph (1) of this subsection.
L.
Expiration
of license.
Each license shall expire one year from the
date or issuance and may be renewed only by making application as
provided in subsection G above. Application for renewal should be
made at least 30 days before the expiration date, and when made less
than 30 days before the expiration date, the expiration of the license
will not be affected.
M.
Suspension.
The chief of police shall suspend a license for a period not
to exceed 30 days if he determines that a licensee or an employee
of a licensee has:
(1)
Violated
or is not in compliance with any provision of this section;
(2)
Engaged
in excessive use of alcoholic beverages while on the premises of the
sexually-oriented business;
(3)
Refused
to allow an inspection of the sexually-oriented business premises
as provided in subsection K;
(4)
Knowingly
permitted gambling by any person on the sexually-oriented business
premises; or
(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.
N.
Revocation.
(1)
The
chief of police shall revoke a license if a cause for suspension under
subsection M occurs and the license has been previously suspended
within the preceding 12 months.
(2)
The
chief of police shall revoke a license if he determines that:
(a)
A
licensee submitted false or misleading information during the application
process;
(b)
A
licensee or an employee has knowingly allowed the unlawful possession,
use, or sale of controlled substances on the licensed premises;
(c)
A
licensee or an employee has knowingly allowed prostitution on the
licensed premises;
(d)
A
licensee or an employee knowingly operated the sexually-oriented business
during a period of time when the license was suspended;
(e)
Unless
exempted by the provisions of paragraph (7) of subsection H, a licensee
has been convicted of a specified criminal offense for which the time
period required in paragraph (6) of subsection H has not elapsed;
(f)
On
two or more occasions within a 12-month period, an employee of the
licensee is convicted of a specified criminal offense, such crime
occurring in or on the licensed premises;
(g)
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 it is defined in section 21.01 of the
Texas Penal Code, as amended; or
(h)
A
licensee is delinquent in payment to the city for ad valorem taxes,
or sales taxes related to the sexually-oriented business or the licenses
premises.
(3)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(4)
Subparagraph
(g) of paragraph (2) above does not apply to adult motels as a ground
for revoking the license.
(5)
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
subparagraph (2) above, an applicant may not be granted another license
until the appropriate number of years required under paragraph (6)
of subsection H has elapsed since the termination of any sentence,
parole, or probation.
O.
Appeal.
(1)
If the
chief of police denies the issuance of a license, or suspends or revokes
a license, the applicant or licensee, as the case may be, has the
right to appeal such decision to the state district court.
(2)
The
chief of police shall send to the applicant, or licensee, by certified
mail, return receipt requested, written notice of the action, the
right to appeal, and if applicable, the right to request an exemption
from the location restrictions.
(3)
An appeal
to the state district court must be filed within 30 days after the
notice of the decision of the chief of police is mailed.
(4)
The
applicant or licensee, as the case may be, bears the burden or proof
in court, and the substantial evidence rule applies.
P.
Transfer
of license.
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 license.
Q.
Location
of sexually-oriented businesses.
(1)
A sexually-oriented
business shall not be located within 1,000 feet of:
(a)
A
church or similar place of regular religious worship;
(b)
A
public or private elementary or secondary school;
(c)
A
boundary of a residential district as defined by the Sachse zoning
map;
(d)
A
public park adjacent to a residential district as defined by the Sachse
zoning map;
(e)
The
property line of a lot devoted to residential use;
(f)
A
child care center, kindergarten, day care center, or similar child-oriented
business;
(g)
A
municipal public building, including but not limited to the Sachse
city hall, fire stations, libraries, and service centers; or
(h)
Another
sexually-oriented business.
(2)
A person
commits an offense if he or she:
(a)
Causes
or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of a sexually-oriented business
contrary to the location requirements specified in paragraph (1) of
this subsection Q; or
(b)
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 or any sexually-oriented
business in any building, structure, or portion thereof containing
another sexually-oriented business.
(3)
For
the purpose of subsection Q:
(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 premise where a sexually-oriented business is
conducted, to the nearest property line of the premises of a church,
public or private elementary or secondary school, child care center,
kindergarten, day care center, or similar child-oriented business,
or municipal public building, or to the nearest boundary of an affected
public park, residential district, or residential lot; and
(b)
The
distance between any two sexually-oriented businesses shall be measured
in a straight line, without regard to intervening structures or objects,
from the closest exterior wall of the structure in which each business
is located.
(4)
Any
sexually-oriented business lawfully operating on December 21, 1992,
that is in violation of this subsection Q, shall be deemed a nonconforming
use. The nonconforming use will be permitted to continue for a period
not to exceed three years, unless sooner terminated for any reason
or voluntarily discontinued for a period of 30 days or more. Such
nonconforming uses shall not be increased, enlarged, extended or altered
except that the use may be changed to a conforming use.
(5)
A sexually-oriented
business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal
of the sexually-oriented business license, of a church, public or
private elementary or secondary school, child care center, kindergarten,
day care center or similar child-oriented business, municipal public
building, 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.
R.
Exemption
from location restrictions.
(1)
If the
chief of police denies the issuance of a license to an applicant because
the location of the sexually-oriented business establishment is in
violation of subsection Q, then the applicant may request, from the
city council, an exemption from such location restrictions.
(2)
Such
request shall be in writing, and must be filed with the city secretary
within 15 days after the notice of the decision of the chief of police
is mailed.
(3)
If the
written request is filed with the city secretary within the 15 day
limit, the city council shall consider the request. The city secretary
shall set a date for the hearing within 60 days from the date the
request is received.
(4)
The
city council may, in its discretion, grant an exemption from the location
restrictions of subsection Q if it makes the following findings:
(a)
That
the location of the proposed sexually-oriented business will not have
a detrimental effect on nearby properties or be contrary to the public
safety or welfare;
(b)
That
granting an exemption will not violate the spirit and intent of this
section;
(c)
That
the location of the proposed sexually-oriented business will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
(d)
That
the location of an additional sexually-oriented business in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any efforts of urban renewal or restoration;
and
(e)
That
all other applicable provisions of this section will be observed.
(5)
The
city council shall grant or deny the exemption by a majority vote.
Failure to reach a majority vote shall result in denial of the exemption.
The decision of the city council is final.
(6)
If the
city council grants the exemption, the exemption is valid for one
year from the date of the city council’s action. Upon the expiration
of an exemption, the sexually-oriented business is in violation of
the location restrictions of subsection Q until the applicant applies
for and receives another exemption.
(7)
If the
city council denies the exemption, an appeal to the state district
court must be filed within 30 days. The applicant bears the burden
of proof in court, and the substantial evidence rule applies.
(8)
If the
city council denies the exemption, the applicant may not re-apply
for an exemption until at least 12 months have elapsed since the date
of the city council’s action.
(9)
The
grant of an exemption does not exempt the applicant from any other
provision of this section.
T.
Additional
regulations for nude model studios.
(1)
A nude
model studio shall not employ any person under the age of 18 years.
(2)
A person
under the age of 18 years commits an offense if he or she 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.
(3)
A person
commits an offense if he or she appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right of
way.
(4)
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.
U.
Additional
regulations for adult theaters and adult movie theaters.
(1)
A person
commits an offense if he or she knowingly allows a person under the
age of 18 years to appear in a state of nudity in or on the premises
of an adult theater or adult movie theater.
(2)
A person
under the age of 18 years commits an offense if he or she knowingly
appears in a state of nudity in or on the premises of an adult theater
or adult movie theater.
(3)
It is
a defense to prosecution under paragraphs (1) or (2) of this subsection
that the person under 18 years was in a restroom not open to public
view or persons of the opposite sex.
V.
Additional
regulations for adult motels.
(1)
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.
(2)
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 or she rents or subrents
a sleeping room to a person and, within ten hours from the time the
room is rented, he or she rents or subrents the same sleeping room
again.
(3)
For
purposes of paragraph (2) of this subsection, the terms “rent”
or “subrent” mean the act of permitting a room to be occupied
for any form of consideration.
W.
Regulations
pertaining to exhibition of sexually explicit films or videos.
(1)
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 or any type of sexually-oriented media
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(a)
Upon
application for a sexually-oriented business license, and in addition
to the information required in subsection G., the applicant shall
submit a diagram of the premises showing 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 is not required; however each diagram should be oriented
to the north or to some designated street or object and should be
drawn to a designated scale or with marked dimensions sufficient to
show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six inches.
The chief of police may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises had
not been altered since it was prepared.
(b)
The
application shall be sworn to be true and correct by the applicant.
(c)
No
alteration in the configuration or location of a manager’s station
may be made without the prior approval of the chief of police.
(d)
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.
(e)
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 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 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. No viewing area shall have a door, half-door, curtain, portal
partition or other divider unless at least one side is completely
open to an adjacent public room and a manager’s station so that
the area is visible to persons in the adjacent public room and a manager’s
station.
(f)
It
shall be the duty of the owners and operator, and it shall also be
the duty of any agents and employees in present in the premises to
ensure that the view area specified in subparagraph (e) of paragraph
(1) of this subsection 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 not been designated as an area
in which patrons will not be permitted in the application filed pursuant
to subparagraph (a) of paragraph (1) of this subsection.
(g)
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than one footcandle as measured
at the floor level.
(h)
It
shall be the duty of the owners and operator, and any of his 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.
(2)
A person
having a duty under subparagraphs (a) through (h) of paragraph (1)
of this subsection commits an offense if he or she knowingly fails
to fulfill that duty.
X.
Enforcement.
(1)
Except
as provided by paragraph (2) of this subsection, a person commits
an offense if the person violates any provision of this section, and
upon conviction, may be punished by a fine not to exceed $500.00.
(2)
Pursuant
to the provisions of section 243.010, Local Government Code, a person
commits an offense if the person violates any provision of this section
adopted pursuant to Chapter 243, Local Government Code. An offense
under this subsection is a Class A misdemeanor.
(3)
It is
defense to prosecution under this section that a person appearing
in a state of nudity did so in an art, modeling or similar class operated:
(a)
By
a proprietary school licensed by the State of Texas, a college, junior
college, or university supported entirely or partly by taxation;
(b)
By
a private college or university which maintain 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:
(i)
Which has no sign or other advertising visible from the exterior
of the structure that indicates a nude person is available for viewing;
(ii)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(iii)
Where no more than one nude model is on the premises at any one time.
(4)
It is
a defense to prosecution under subsection F or subsection Q of this
section 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.
(5)
Each
day that a violation occurs is a separate offense.
(6)
As provided in section 243.010, Local Government Code, and section 7 of chapter 1 of the Code of Ordinances, City of Sachse, a person who operates or causes to be operated a sexually-oriented business without a valid license, or is otherwise in violation of any provision of this section, is subject to a suit for injunction, as well as prosecution for criminal violations.
(Ordinance 1082, sec. 1, adopted 4/5/93; Ordinance 1116 adopted 10/4/93; Ordinance
3114, sec. 1, adopted 3/2/09; Ordinance 3527, sec. 1, adopted 9/16/13)
(1)
A person
commits an offense if, in a business establishment open to persons
under the age of 17 years, he or she displays a book, pamphlet, newspaper,
magazine, film, or video cassette, the cover of which depicts, in
a manner calculated to arouse sexual lust or passion for commercial
gain or to exploit sexual lust or perversion for commercial gain,
any of the following:
(a)
Human
sexual intercourse, masturbation, or sodomy;
(b)
Fondling
or other erotic touching of human genitals, pubic regions, buttocks,
or female breasts;
(c)
Less
than completely and opaquely covered human genitals, buttocks, or
that portion of the female breast below the top of the areola; or
(d)
Human
male genitals in a discernible aroused state, whether covered or uncovered.
(2)
In this
section “display” means to locate an item in such a manner
that, without obtaining assistance from an employee of the business
establishment:
(Ordinance 1082, sec. 2, adopted 4/5/93)
A.
Definitions.
In this section:
(1)
Basic cable rates
means the monthly charges
imposed by a cable operator for a subscription to the basic tier and
the associated equipment.
(2)
Basic service tier
means a separately available
service tier to which subscription is required for access to any other
tier of service, including as a minimum, but not limited to, all must-carry
signals, all PEG channels, and all domestic television signals other
than superstations, provided by the cable operator to any subscribers,
except a signal of a television station which is secondarily transmitted
by a satellite carrier beyond the local service area of such station,
and any additional video programming signals as a service added to
the basic tier by the cable operator.
(3)
Benchmark
means a per channel rate of charge
for cable service and associated equipment which the FCC has determined
is reasonable.
(4)
Cable Act of 1992
means the Cable Television
Consumer Protection and Competition Act of 1992.
(5)
Cable operator
means any person or group of
persons:
(6)
Cable service
means the one-way transmission
to subscribers of video programming, or other programming service;
and, subscriber interaction, if any, which is required for the selection
of such video programming or other programming service. For the purposes
of this definition, “video programming” is programming
provided by, or generally considered comparable to programming provided
by, a television broadcast station; and, “other programming
service” is information that a cable operator makes available
to all subscribers generally.
(7)
Cable system
means a facility consisting of
a set of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide cable
service which includes video programming and which is provided to
multiple subscribers within a community, but such term does not include:
(a)
A
facility that services only to retransmit the television signals of
one or more television broadcast stations;
(b)
A
facility that serves only subscribers in one or more multiple unit
dwellings under common ownership, control or management, unless such
facility or facilities uses any public right-of-way;
(c)
A
facility of a common carrier which is subject, in whole or in part,
to the provisions of Title II of the Communications Act of 1934, as
amended, except that such facility shall be considered a cable system
to the extent such facility is used in the transmission of video programming
directly to subscribers; or
(d)
Any
facilities of any electric utility used solely for operating its electric
utility systems.
(8)
Channel
means a unit of cable service identified
and selected by a channel number or similar designation.
(9)
Cost of service showing
means a filing in which
the cable operator attempts to show, in a manner consistent with FCC
regulations, that the benchmark rate or the price cap is not sufficient
to allow the cable operator to fully recover the costs of providing
the basic service tier and to continue to attract capital.
(10)
FCC
means the Federal Communications Commission.
(11)
Initial basic cable rates
means the rates that
the cable operator is charging for the basic service tier, including
charges for associated equipment, on the date the city notifies the
cable operator of the city’s qualification and intent to regulate
basic cable rates.
(12)
Initial date of regulation
means the date on
which the city notifies the cable operator of the city’s qualification
and intent to regulate basic cable rates.
(13)
Initial permitted per channel charge
means
the permitted per channel charge on the initial date of regulation
which shall be determined by the city council to be lawful either
under the benchmark analysis or through a cost of service showing.
(14)
Maximum monthly charge
means the maximum amount
per month which a cable operator may charge per subscriber for a tier
of regulated programming services offered by a cable system and shall
consist of a permitted per channel charge multiplied by the number
of channels on the tier, plus a charge for franchise fees.
(15)
Must-carry signal
means the signal of any local
broadcast station (except superstations) which is required to be carried
on the cable system and for which the local broadcast station has
notified the cable operator of its election for must-carry rights.
(16)
Peg channel
means the channel capacity designated
for public, educational, or governmental use required by the franchise
of the cable system to be provided to subscribers, and facilities
and equipment for the use of that channel capacity.
(17)
Price cap
means the ceiling set by the FCC
on future increases in basic cable rates regulated by the city, based
on a formula using the GNP fixed weight price index, reflecting general
increases in the cost of doing business and changes in overall inflation.
(18)
Reasonable rate standard
means a per channel
rate that is at, or below, the benchmark or price cap level.
(19)
Subsequent permitted per channel charge
means
the permitted charge per channel after the initial date of regulation
determined pursuant to a cost-of-service showing or the prior permitted
per channel charge previously approved by the city council, adjusted
for inflation and external costs in accordance with the price cap
analysis.
(20)
Superstation
means any nonlocal broadcast signal
secondarily transmitted by satellite.
B.
Review of
initial basic cable rates.
(1)
Notice.
Upon the adoption of this section and the certification of the
city by the FCC, the city shall immediately notify all cable operators
in the city, by certified mail, return receipt requested, that the
city intends to regulate subscriber rates charged for the basic service
tier and associated equipment as authorized by the Cable Act of 1992.
(2)
Cable
operator response.
Within 30 days of receiving notice
from the city, a cable operator shall file with the city, its current
rates for the basic service tier and associated equipment and any
supporting material concerning the reasonableness of its rates, including
FCC Form 393 or any other forms prescribed by the FCC to be used by
cable operators to demonstrate the reasonableness of their rates.
(3)
Expedited
determination and public hearing.
(a)
If
the city council is able to expeditiously determine that the initial
basic rates appear to be within the FCC’S reasonable rate standard,
as determined by the applicable benchmark analysis in (7) below, the
city council shall:
(i)
Hold a public hearing at which interested persons may express their
views; and
(4)
Extended
review period.
(a)
If
the city council is unable to determine whether the initial basic
cable rates are within the FCC’s reasonable rate standard based
on the material before it, or if the cable operator submits a cost-of-service
showing, the city council shall, within 30 days from the date the
cable operator filed its initial basic cable rates with the city and
by adoption of a formal resolution, invoke the following additional
periods of time, as applicable, to make a final determination:
(b)
If
the city council has not made a decision within the 90- or 150-day
period, the city council shall issue a brief written order at the
end of the period directing the cable operator to keep accurate account
of all amounts received by reason of the initial basic cable rates
and on whose behalf the amounts are paid.
(5)
Public
hearing.
During the extended review period and before
taking action on the initial basic cable rates, the city council shall
hold at least one public hearing at which interested persons may express
their views and record objections.
(6)
Objections.
An interested person who wishes to make an objection to the
initial basic cable rates may request the city secretary to record
the objection during the public hearing or may submit the objection
in writing anytime before the decision resolution is adopted. In order
for an objection to be made part of the record, the objector must
provide the city secretary with the objector’s name and address.
(7)
Benchmark
analysis.
If a cable operator submits its initial basic
cable rates schedule as being in compliance with the FCC’s reasonable
rate standard, the city council shall review the rates using the benchmark
analysis in accordance with the standard form authorized by the FCC.
Based on the city council’s findings, the initial maximum monthly
charge shall be established as follows:
(a)
The
initial permitted per channel charge shall be determined as follows:
(i)
If the initial basic cable rates contain a per channel charge for
regulated programming services and equipment in effect on the date
of initial regulation equal to or below the benchmark per channel
charge, as adjusted forward for inflation from September 30, 1992,
to the date of initial regulation, then the permitted per channel
charge shall be the per channel charge in effect on the date of initial
regulation, adjusted for equipment.
(ii)
If: (A) The initial basic cable rates contain a per channel charge
for regulated programming services and equipment in effect on the
date of initial regulation above the benchmark per channel charge,
as adjusted forward for inflation from September 30, 1992, until the
initial date of regulation, and: (B) The per channel charge for regulated
programming services and equipment in effect on September 30, 1992,
was above the benchmark per channel charge, then the initial permitted
per channel charge is nine-tenths of the per channel charge in effect
on September 30, 1992, but no lower than the benchmark per channel
charge, additionally adjusted for inflation from September 30, 1992,
to the initial date of regulation, for equipment, and for any changes
in the number of channels.
(iii)
If: (A) The initial basic cable rates contain a per channel charge
for regulated programming services and equipment in effect on the
date of initial regulation above the benchmark per channel charge,
as adjusted forward for inflation from September 30, 1992, until the
initial date of regulation, and: (B) The per channel charge for regulated
programming services and equipment in effect on September 30, 1992,
was below the benchmark per channel charge, then the initial permitted
per channel charge is the benchmark rate per channel adjusted for
inflation from September 30, 1992, to the initial date of regulation,
for equipment, and for any changes in the number of channels offered
on all regulated tiers.
(b)
The
initial maximum monthly charge shall be determined by multiplying
the initial permitted per channel charge times the number of channels
on the basic service tier plus a charge for franchise fees.
(8)
Cost-of-service
showings.
If a cable operator does not wish to reduce
the rates to the level permitted using the benchmark analysis, the
cable operator shall have the opportunity to submit a cost-of-service
showing in an attempt to justify a maximum monthly charge per subscriber
above the FCC’s reasonable rate standard. The city council will
review a cost-of-service submission pursuant to FCC standards for
cost-of-service review. The city council may approve initial basic
cable rates above the benchmark if the cable operator makes the necessary
showing; however, a cost-of-service determination resulting in rates
below the benchmark or below the cable operator’s September
30, 1992 rates minus ten percent, will prescribe the cable operator’s
new rates.
(9)
Decision.
(a)
By formal resolution.
After completion of its review
of the cable operator’s initial basic cable rates, the city
council shall adopt its decision by formal resolution. The decision
shall include one of the following:
(i)
If the initial basic cable rates are within the FCC’s reasonable
rate standard or are justified by a cost-of-service analysis, the
city council shall approve the initial basic cable rates as the maximum
monthly charge per subscriber; or
(ii)
If the initial basic cable rates are not within the FCC’s reasonable
rate standard and the cost-of-service analysis, if any, does not justify
such rates, the city council shall establish the maximum monthly charge
per subscriber that is within the FCC’s reasonable rate standard
or that is justified by a cost-of-service analysis.
(b)
Rollbacks and refunds.
If the city council determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator’s cost-of service showing justifies lower rates, the city council may order the rates reduced in accordance with subsection (8) or (9) above, as applicable. In addition, the city council may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments). The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the city council’s decision resolution.
(c)
Statement of reasons for decision and public notice.
If initial basic cable rates of a cable operator are disapproved
in whole or in part, or if there were objections made by other parties
to the initial basic cable rates, the resolution must state the reasons
for the decision and the city council must give public notice of its
decision. Public notice will be given by advertisement once in the
official newspaper of the city.
(10)
Appeal.
The city council’s decision concerning rates for the basic
service tier or associated equipment, may be appealed to the FCC in
accordance with applicable federal regulations.
C.
Review of
request for increase in basic cable rates.
(1)
Notice.
A cable operator in the city who wishes to increase the rates
for the basic service tier or associated equipment shall file a request
with the city and notify all subscribers at least 30 days before the
cable operator desires the increase to take effect. This notice shall
not be given more often than annually and not until at least one year
after the determination of the initial maximum monthly charge per
subscriber.
(2)
Expedited
determination and public hearing.
(a)
If
the city council is able to expeditiously determine that the cable
operator’s rate increase request for basic cable service is
within the FCC’s reasonable rate standard, as determined by
the applicable price cap, the city council shall:
(i)
Hold a public hearing at which interested persons may express their
views; and
(b)
If
the city council takes no action within 30 days from the date the
cable operator filed its request with the city, the proposed rates
will go into effect.
(3)
Extended
review period.
(a)
If
the city council is unable to determine whether the rate increase
is within the FCC’s reasonable rate standard based on the material
before it, or if the cable operator submits a cost-of-service showing,
the city council shall, by adoption of a formal resolution, invoke
the following additional periods of time, as applicable, to make a
final determination:
(i)
Ninety days if the city council needs more time to ensure that the
requested increase is within the FCC’s reasonable rate standard
as determined by the applicable price cap; and
(ii)
One hundred fifty days if the cable operator has submitted a cost-of-service
showing seeking to justify a rate increase above the applicable price
cap.
(b)
The
proposed rate increase is tolled during the extended review period.
(c)
If
the city council has not made a decision within the 90- or 150-day
period, the city council shall issue a brief written order at the
end of the period requesting the cable operator to keep accurate account
of all amounts received by reason of the proposed rate increase and
on whose behalf the amounts are paid.
(4)
Public
hearing.
During the extended review period and before
taking action on the requested rate increase, the city council shall
hold at least one public hearing at which interested persons may express
their views and record objections.
(5)
Objections.
An interested person who wishes to make an objection to the
proposed rate increase may request the city secretary to record the
objection during the public hearing or may submit the objection in
writing anytime before the decision resolution is adopted. In order
for an objection to be made part of the record, the objector must
provide the city secretary with the objector’s name and address.
(6)
Delayed
determination.
If the city council is unable to make
a final determination concerning a requested rate increase within
the extended time period, the cable operator may put the increase
into effect, subject to subsequent refund if the city council later
issues a decision disapproving any portion of the increase.
(7)
Price
cap analysis.
If a cable operator presents its request
for a rate increase as being in compliance with the FCC’s price
cap, the city council shall review the rate using the price cap analysis
in accordance with the standard form authorized by the FCC. Based
on the city council’s findings, the basic cable rates shall
be established as follows:
(a)
If
the proposed basic cable rate increase is within the price cap established
by the FCC, the proposed rates shall become the new maximum monthly
charges.
(b)
If
the proposed basic cable rate increase exceeds the price cap established
by the FCC, the city council shall disapprove the proposed rate increase
and order an increase that is in compliance with the price cap.
(8)
Cost-of-service
showings.
If a cable operator submits a cost-of-service
showing in an attempt to justify a rate increase above the price cap,
the city council will review the submission pursuant to the FCC standards
for cost-of-service review. The city council may approve a rate increase
above the price cap if the cable operator makes the necessary showing;
however, a cost-of-service determination resulting in a rate below
the price cap or below the cable operator’s then current rate
will prescribe the cable operator’s new rate.
(9)
Decision.
The city council’s decision concerning the requested rate
increase, shall be adopted by formal resolution. If a rate increase
proposed by a cable operator is disapproved in whole or in part, or
if objections were made by other parties to the proposed rate increase,
the resolution must state the reasons for the decision. Objections
may be made at the public hearing by a person requesting the city
secretary to record the objection or may be submitted in writing at
anytime before the decision resolution is adopted.
(10)
Refunds.
(a)
The city council may order refunds of subscribers’ rate payments
with interest if:
(i)
The city council was unable to make a decision within the extended time period as described in subsection (3) above; and
(ii)
The cable operator implemented the rate increase at the end of the
extended review period; and
(iii)
The city council determines that the rate increase as submitted
exceeds the applicable price cap or that the cable operator failed
to justify the rate increase by a cost-of-service showing, and the
city council disapproves any portion of the rate increase.
(b)
The method for paying any refund and the interest rate will be in
accordance with FCC regulations as directed in the city council’s
decision resolution.
(11)
Appeal.
The city council’s decision concerning rates for the basic
service tier or associated equipment, may be appealed to the FCC in
accordance with applicable federal regulations.
D.
Cable operator
information.
(1)
City
may require:
(a)
In
those cases where the cable operator has submitted initial rates or
proposed an increase that exceeds the reasonable rate standard, the
city council may require the cable operator to produce information
in addition to that submitted, including proprietary information,
if needed to make a rate determination. In these cases, a cable operator
may request the information be kept confidential in accordance with
this section.
(b)
In
cases where initial or proposed rates comply with the reasonable rate
standard, the city council may request additional information only
in order to document that the cable operator’s rates are in
accord with the standard.
(2)
Request
for confidentiality.
(a)
A
cable operator submitting proprietary information to the city council
may request in writing that the information not be made routinely
available for public inspection. A copy of the request shall be attached
to and cover all of the information and all copies of the information
to which it applies. Any such request shall be submitted to the office
of the city attorney to ensure compliance with Chapter 552, Government
Code, V.T.C.A., the Open Records Act.
(b)
If
feasible, the information to which the request applies shall be physically
separated from any information to which the request does not apply.
If this is not feasible, the portion of the information to which the
request applies shall be identified.
(c)
Each
request shall contain a statement of the reasons for withholding inspection
and a statement of the facts upon which those reasons are based.
(d)
Casual
requests which do not comply with the requirements of this subsection,
shall not be considered.
(3)
City
council action.
Requests which comply with the requirements of subsection (2), will be acted upon by the city council. The city council will grant the request if the cable operator presents by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations. If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection. If the request does not present a case for nondisclosure and the city council denies the request, the city council shall take one of the following actions:
(a)
If
the information has been submitted voluntarily without any direction
from the city, the cable operator may request that the city return
the information without considering it. Ordinarily, the city will
comply with this request. Only in the unusual instance that the public
interest so requires, will the information be made available for public
inspection.
(b)
If
the information was required to be submitted by the city council,
the information will be made available for public inspection.
(4)
Appeal.
If the city council denies the request for confidentiality,
the cable operator may seek review of that decision from the FCC within
five working days of the city council’s decision, and the release
of the information will be stayed pending review.
E.
Automatic
rate adjustments.
(1)
Annual
inflation adjustment.
In accordance with FCC regulations,
the cable operator may adjust its capped base per channel rate for
the basic service tier annually by the final GNP-PI index.
(2)
Other
external costs.
(a)
The
FCC regulations also allow the cable operator to increase its rate
for the basic service tier automatically to reflect certain external
cost factors to the extent that the increase in cost of those factors
exceeds the GNP-PI. These factors include retransmission consent fees,
programming costs, state and local taxes applicable to the provision
of cable television service, and costs of franchise requirements.
The total cost of an increase in a franchise fee may be automatically
added to the base per channel rate, without regard to its relation
to the GNP-PI.
(b)
For
all categories of external costs other than retransmission consent
and franchise fees, the starting date for measuring changes in external
costs for which the basic service per channel rate may be adjusted
will be the date on which the basic service tier becomes subject to
regulations or February 28, 1994, whichever occurs first. The permitted
per channel charge may not be adjusted for costs of retransmission
consent fees or changes in those fees incurred before October 6, 1994.
(3)
Notification
and review.
The cable operator shall notify the city
at least 30 days in advance of a rate increase based on automatic
adjustment items. The city shall review the increase to determine
whether the item or items qualify as automatic adjustments. If the
city makes no objection within 30 days of receiving notice of the
increase, the increase may go into effect.
F.
Enforcement.
(1)
Refunds.
The city may order the cable operator to refund to subscribers
a portion of previously paid rates under the following circumstances:
(2)
Fines.
If the cable operator fails to comply with a rate decision or
refund order, the cable operator shall be subject to a fine of $500.00
for each day the cable operator fails to comply.
(Ordinance 1160, secs. 1–6,
adopted 3/7/94)
A.
Abandonment
Drilling
Drill site
Permittee
Person
Property owner
Right-of-way
Street
Technical or oil and gas industry words, or phrases
Well
Definitions.
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. All technical or oil and gas industry words or phrases used
herein and not specifically defined shall have that meaning customarily
attributed thereto by prudent operators in the oil and gas industry.
shall mean “abandonment” as defined by the railroad
commission and includes the plugging of the well and restoration of
the drill site as required by this section.
shall mean any digging or boring of a new well to develop
or produce oil or gas to inject gas, water, or any other fluid or
substance into the earth. Drilling means and includes the re-entry
of an abandoned well and/or re-entry for the purpose of directionally
drilling to establish a new well bore. Drilling does not mean or include
the re-entry of a well that has not been abandoned.
shall mean all of the land area used in the drilling or other
related operations, specifically including, but not limited to, rig
locations, portable or permanent structures, steel slush pits, storage
of pipe or other material, and the parking or maneuvering of vehicles,
except roadways used for ingress or egress to the drill site.
shall mean the person to whom is issued a permit or certificate
for the drilling, operating and producing of a well under this section,
and his heirs, legal representatives, successors and assigns.
means any natural person, corporation, association, partnership,
receiver, trustee, guardian, executor, administrator and a fiduciary
or representative of any kind.
shall mean real property surface record owner(s).
is expressly limited to all public rights-of-way or streets
or other public property within the City of Sachse.
is any street, highway, sidewalk, alley, avenue, recessed
parking area, or other public right of way, including the entire right-of-way.
not specifically defined shall have that meaning customarily
attributable thereto by prudent operators in the oil and gas industry.
shall mean any hole or holes, bore or bores, to any sand,
horizon, formation, strata or depth for the purpose of producing any
oil, gas, liquid hydrocarbon, brine water, sulphur water or for use
as an injection well for secondary recovery, or any of them.
When the title of any city official is used herein such title
shall include any duly authorized representative of such official.
B.
Prohibition
against exploration and production in certain zoning districts and
provisions for specific use permits.
C.
Planning
and zoning commission recommendations, for specific use permits.
(a)
All
applications for specific use permit will be forwarded to the planning
and zoning commission for their review. The planning and zoning commission
shall review each application and shall make recommendations regarding
the application to the city council. Incomplete applications shall
be returned to the applicant, in which case the city shall provide
a written explanation of the deficiencies if requested by the applicant.
The city may return any application as incomplete if there is a dispute
pending before the railroad commission regarding the determination
of the operator.
(b)
In
connection with its review of an application for a specific use permit
for the drilling and production of oil or gas wells, the commission
may determine that it is necessary to hire a petroleum specialist
to assist the commission in reviewing the application. If the commission
determines that it is necessary to hire such a specialist, the commission
will provide the applicant a written “scope of work” that
the commission proposes for such specialist. The commission and the
applicant will attempt to agree upon the “scope of work”;
however, the decision of the commission shall control. If required
by the specialist, the operator will provide a retainer; otherwise,
the operator will pay for the services of the specialist after they
are rendered. All work by the specialist shall be itemized on a daily
basis, such itemization shall include a description of the work performed
and the amount of time spent, and such itemization shall be provided
to the applicant with each invoice for payment.
(c)
The
city council may condition the release of the approved oil/gas well
permit upon the applicant providing the insurance and additional securities
required by this section. Additionally, the city may require the applicant
to enter into a road repair agreement that will obligate the applicant
to repair damage excluding ordinary wear and tear, if any, to public
streets caused by the operator or by the operator’s employees,
agents, contractors, subcontractors, or representatives in the performance
of any activity authorized by or contemplated by the approved oil/gas
well permit.
(d)
The
commission shall have the authority to refuse any application for
a permit when by reason of the location of the proposed well and the
character and value of the permanent improvement already erected on
the drilling site in question or adjacent thereto, or the use to which
the land and surroundings are adopted for public or civic purposes,
or for sanitary reasons, the drilling of an oil or gas well would
be injurious, or a disadvantage to the health, safety, morals or welfare
of the city or its inhabitants.
(e)
Each
permit issued by the city shall:
(1)
By reference have incorporated therein all the provisions of this
section.
(2)
Specify the location of the proposed drill site, well, or injection
facility by lot and block or legal description.
(3)
Contain any specific terms of the permit and shall be for a period
of one year from the date of the permit and so long thereafter as
oil and gas produced or until such time as the permittee has permanently
abandoned the operation of such well or facility for which the permit
was issued.
(4)
Such permit shall constitute the permittee’s drilling and installation
license, as well as the contractual obligation of the permittee to
comply with the terms of such permit, bond and of this section.
D.
Specific
use permits required.
(1)
It
shall be unlawful for any person, agent, employee, independent contractor,
or servant for any person to knowingly drill any well or to re-enter
any well which has previously been abandoned for any reason or to
install any water and/or gas repressuring or injection facility within
the city without first obtaining a specific use permit as required
by this section.
(2)
When
a permit has been issued for the drilling or re-entering of a well,
such permit shall constitute sufficient authority for drilling, operation,
production, gathering of production in the manner approved by this
permit, maintenance, repair, reworking, testing, plugging and abandonment
of the well, and for the construction and use of all facilities reasonably
necessary or convenient in connection therewith, including gathering
lines and discharge lines by the permittees and their employees, agents,
and contractors.
(3)
No
additional permit or filing fee shall be required for wells and water
and/or repressurizing or injection facilities and such other facilities
as may be covered by this section existing which have not been abandoned
or previously permitted within the city on the effective date of this
section or which are in existence and have not been abandoned at the
time the land upon which the same are situated is annexed to the city.
(4)
No
permit shall authorize the drilling of more than one well or more
than one water and/or gas repressurizing or injection facility.
E.
Permit
application and filing fee.
Application for a specific
use permit to drill a well or to install a water and/or gas repressurizing
or injection facility shall be on a form provided by the city, signed
by the applicant or authorized agent and filed with the city manager.
The application shall be accompanied by a non-refundable permit fee
established by resolution of the city council; an application shall
not be accepted for filing until it is complete and the fee has been
paid. A new application and permit is required for the purpose of
drilling a well or re-entering and drilling to a deeper formation
or re-entering a well which has previously been abandoned. A separate
application shall be required for each well and each water and/or
gas repressurizing or injection facility. The application shall include,
the following:
(1)
The
name, address and phone number of the applicant.
(2)
The
names and addresses of all property owners within 500 feet of the
proposed drill site. The applicant need not furnish the names and
addresses of the property owners if same are available on the last
approved city tax roll.
(3)
Proposed
site of the well or water and/or gas repressurizing or injection facility,
including:
(a)
Name of the lease owner(s).
(b)
Description of the land.
(c)
Location with respect to property lines, lot lines shown on any recorded
subdivision plat for the area, right of way or public easement boundaries,
and the nearest residence, commercial structure, public building or
permanent accessory structure used in connection with such residence,
structure or building surrounding such proposed drill site, if within
a distance of 500 feet.
(d)
Location with respect to same items of any off-site tank battery
or other gathering facility, together with proposed routing of gathering
lines.
(4)
The
proposed depth of the well.
(5)
Location
of compressor, compressor control, or safety devices with explanation
of operation characteristics of each in any application for a permit
for a gas repressurizing or injection facility.
(6)
The
name of the person(s) to be notified in case of an emergency.
(7)
Proposed
hole size, casing program and cementing program.
(8)
A copy
of approved railroad commission’s permit to drill shall be furnished
to the city prior to commencement of drilling operations.
(9)
The
application shall furnish satisfactory evidence that applicant is
the fee simple owner of the surface and minerals in, upon and under
the real estate described in the application and upon which the well
proposed in the application is to be drilled; provided, however, if
the applicant is the holder of an oil, gas and mineral lease on such
property there shall be attached to the application a certified copy
of such lease.
(11)
A
statement outlining the applicant’s plans for the handling and
disposal of all drilling fluids, basis sediment, oil filed brines,
liquid petroleum, water, other deleterious substances and wastes that
may be produced in connection with the drilling, completion, operation
and maintenance of the proposed well, which plan shall be reasonable,
adequate, practical and in accordance with the highest degree of care
of the industry as well as the specific terms and conditions of this
ordinance.
(12)
A
written undertaking of the applicant that in the event a well is either
nonproductive or abandoned that within sixty days after the determination
thereof or abandonment thereof, all tools, equipment and machinery
used in connection with the drilling, completion, production or maintenance
of said well shall be removed; that the premises will be fully restored
to its original condition as soon as practicable and in no case more
than 60 days after such determination; and that said well will be
plugged in accordance with the rules of the railroad commission.
(13)
A
written undertaking of the applicant that if such well is productive
and completed, only the tools, machinery, structures and equipment
necessary for the normal daily operation thereof shall be maintained
at the well site and that the premises surrounding the immediate well
site shall be restored to its original condition as nearly as practicable
and in no case more than 60 days after the completion of the well.
F.
Bond and
insurance.
(a)
No
actual operations shall be commenced until the permittee has complied
with the bond and insurance provisions of this section.
(b)
A bond
or letter of credit approved by the city attorney shall be filed with
the city manager in the amount of $50,000.00 payable to the city,
conditioned upon the full and faithful compliance with the terms and
provisions of this section and the permit, and saving the city and
holding it free and harmless of and from all judgments and claims
for damages sustained by the city in the event that any claim for
damage or injury is maintained against the city as a result of the
activities of the applicant at the time of permit application or during
the time that permittee is operating under any such permit issued
by the city. Said bond shall be executed by surety company authorized
to do business in Texas, in a form approved by the city attorney.
(c)
In
addition to the bond required above, the permittee shall carry a policy
or policies of standard comprehensive public liability insurance including
contractual liability coverage, for accidental death, bodily injury
and property damage, naming both the permittee and city as insured,
with an insurance company authorized to do business in the state insuring
and providing indemnity for judgments and defense of actions for injuries,
loss or damage for which the applicant, applicant’s agents,
servants, and employees or person in privity with applicant may be
liable as the result of the drilling, completion, operation or maintenance
of any gas well or any structure, apparatus, machinery or facilities
appurtenant thereto or used in connection therewith. Such insurance
policy, policies or certificates thereof shall be accompanied by a
certificate of the insurer that such insurance is in full force and
shall not be canceled without thirty days written notice thereof to
the city clerk. Such insurance shall be maintained continuously in
effect during the entire period during which the applicant, permittee
or persons in privity with applicant and permittee shall be conducting
drilling, completion, maintenance or production operations with respect
to any gas well drilled hereunder. Such policy or policies in the
aggregate shall provide for the following minimum coverage’s:
1.
Accidental
death or bodily injury, $5,000,000.00 one person and $5,000,000.00
total one accident.
2.
Property
damage, $1,000,000.00 total one accident.
|
In the event such insurance is canceled, the permit granted
in connection with such policy or policies shall be suspended and
ineffective until permittee provides additional insurance as provided
herein.
|
G.
Permit
termination.
In the event of a failure of a permittee
to comply with any provision of this section, the city manager or
designee shall notify the permittee in writing of such noncompliance
and prescribe a reasonable period of time, not to exceed 48 hours
to gain compliance. After expiration of such time period, if compliance
has not been made, the city manager or designee may suspend the permit.
However, if it is determined that permittee’s noncompliance
poses a health and safety risk, the city manager or designee may immediately
suspend the permittee’s license without giving the required
notice.
H.
Supplemental
permit for deep drilling.
(a)
Once
any well has either been completed as a producer or abandoned as a
dry hole, it shall be unlawful for any person to drill such well to
a deeper geological formation than that reached in the prior drilling
operations or re-enter such well to produce from any geological formation
than that reached in prior drilling operations or change the location
of any gathering lines or other facilities from that approved by the
permit without the permittee, as to such well, obtaining a supplemental
permit after filing a supplemental application with the city specifying:
(1)
The condition of the well and the casting therein.
(2)
The depth to which it is proposed that such well will be deepened.
(3)
The proposed casing and cementing programs to be used in connection
with the proposed deepening operation.
(4)
The proposed locations of gathering facilities and routing of lines.
(b)
In
the event the city council is satisfied that such well may be deepened
or re-entered with the same safety as existed in the original well,
a supplemental permit may be issued after payment of a fee established
by resolution of the city council authorizing the deepening or re-entering
and operation of the well to such specified depth as applied for or
the change in the location of gathering lines or other facilities.
In any deeper drilling or any deeper completion of any deeper reproduction
operations or any re-entry the permittee shall comply with all provisions
contained in this section and applicable to drilling completion, operation
and production of a well or wells.
I.
Use of
streets and alleys.
(a)
No
permittee shall make any excavations for any purpose or construct
any lines for conveyance of fuel, water or minerals on, under or through
the streets or alleys or other land of the city without an easement
or right of way license from the city, at a price to be agreed upon,
and then only in strict compliance with the ordinances of the city.
(b)
The
digging up, breaking, excavating, tunneling, undermining, breaking
up, or damaging of any streets as herein defined, or leaving upon
any street any earth or other material or obstruction, shall not be
permitted unless such persons shall first have obtained written permission
from the city and then only in compliance with specifications established
therefore.
J.
Street
and alleys, obstruction, permits.
No well shall be drilled
and no permit shall be issued for any well to be drilled at any location
which is within any of the streets or alleys of the city and/or streets
or alleys shown by the master plan of the city. No street or alley
shall be blocked or encumbered or closed in any drilling or production
operation except by written permission of the city traffic engineer.
K.
Well location.
No well shall be drilled and no permit shall be issued for any
well to be drilled at any location which is within 500 feet of any
residence, building, or structure, or any location platted for the
development of any such residence, building or structure.
L.
Derrick
and rig types; those prohibited; removal of those allowed; watchmen.
(a)
It
shall be unlawful for any person to use or operate in connection with
the drilling or reworking of any well within the city, any wooden
derrick or any steam-powered rig. The drilling rig or derrick and
other structures, material and drilling equipment shall be removed
from the premises within 30 days from the date of completion of the
well, as shown on the appropriate railroad commission form, and thereafter,
when necessary, such completed well shall be served by portable rigs,
which shall be removed from the premises within 15 days from the completion
of the servicing operation. At all times from the start of erection
of a derrick or a mast, or a ginpole, until the well is abandoned
and plugged or completed as a producer and enclosed as herein provided,
the permittee shall keep a watchman on duty on the premises at all
times when other workmen of permittee are not on such premises.
(b)
The
city council may for good cause shown by the applicant, for drill
sites located more than 500 feet from any occupied residence, commercial
structure or public building or any permanent accessory structure
used in connection with any of same, waive in the permit (if one is
issued) the watchman requirement contained in the preceding section
hereof, provided the fencing requirements contained herein are satisfied.
(c)
In
the event permit is granted to drill or explore for oil or gas within
the city, the permittee shall proceed with the drilling operations
with the highest degree of care so as not to injure adjoining property
or persons in any manner. All wastes must be contained within the
drill site, as set out hereinafter, without any subsurface disposal
and upon the completion of such drilling operations the grounds around
the well shall be immediately cleared of all drilling and/or oil,
salt water or water, and shall be made to conform in appearance to
the lands in the neighborhood wherein such drilling operations are
so conducted.
(d)
Caliche
drilling pads shall also be removed in the cleanup operation except
the portion thereof within the fenced area around pump jacks. All
cleanup and removal operations required above shall be completed within
30 days of the date of completion of drilling operations.
(e)
Steel
slush pits shall be used in connection with all drilling and reworking
operations. Such pits and contents shall be removed from the premises
and drill site within 30 days after completion of the well. No earthen
slush pits shall be used. However, cuttings from the drilling operations
may be disposed of on the drill site according to the following requirements:
M.
Operations
and equipment; practices and standards.
(a)
Any
violation of the state laws or any rules, regulations, or requirement
of any state or federal regulatory body having jurisdiction in reference
to drilling, completing, equipping, operating, producing, maintaining,
or abandoning an oil or gas well, or related appurtenances, equipment,
or facilities, fire protection, blowout protection, or convenience
of persons or property, shall also be a violation of this section
and shall be punishable in accordance with the provisions hereof.
(b)
All
drilling and operations at any well performed by a permittee under
this section shall be conducted in accordance with the practice of
a reasonable and prudent operator. All casing, valves, and blowout
preventors, drilling fluid, tubing, wellhead, Christmas tree, and
wellhead connections shall be of a type and quality consistent with
such practice. Setting and cementing casing and running drill stern
tests shall be performed in a manner and at a time consistent with
the practices of a reasonable and prudent operator.
(c)
An
internal combustion engine may be used in the drilling operations
of the well, or wells, if equipped with mufflers so as to reduce noise
to not more than 70 decibels at any point 100 feet beyond the drill
site; and all of said installations to be done, in accordance with
accepted practices for fire prevention purposes. For production purposes,
only electric power may be used. Drilling operations must be conducted
in such a manner that percolation or ground water will not be adversely
affected, including the prevention of vertical movement of percolating
water.
(d)
All
drilling and production operations shall be conducted in such a manner
as to minimize, so far as practicable, dust, noise, vibration or noxious
odors, and shall be in accordance with the best accepted practices
incident to drilling for the production of oil, gas and other hydrocarbon
substances.
(e)
Except
in cases of emergency, no materials, equipment, tools or pipe used
for drilling or production operations shall be delivered to or removed
from the site except between the hours of 7:00 a.m. to 9:00 p.m. on
any day. On drill stem tests, only one trip will be allowed at night
between 9:00 p.m. and 7:00 a.m. unless an emergency exists.
(f)
Fire
fighting apparatus and supplies as approved by the Sachse City Fire
Department shall be maintained on the drilling site at all times during
drilling and production operations. No refining process or any process
for the extraction of products from natural gas shall be carried on
at the drill site, except that a dehydrator and separator may be maintained
on the drill for the separation of liquids from natural gas. Any such
separator shall serve only one well.
(g)
All
production equipment used shall be constructed and operated so that
noise, vibration, dust, odor or other harmful or annoying substances
or effect will be minimized by the operations carried on at any drilling
site or from anything incident thereto, to the injury or annoyance
of persons living in the vicinity; nor shall the site or structures
thereon be permitted to become dilapidated, unsightly or unsafe. Proven
technological improvements in methods of production shall be adopted
as they, from time to time, become available if capable of reducing
factors of nuisance or annoyance. There shall be no venting of gas
into the open air except allowed by the Texas Railroad Commission
in residential areas.
(h)
The
well site shall not be used for the storage of pipe, equipment or
materials constructed, established or maintained on the premises at
any time. This shall not be deemed to exclude a simple gas separation
process.
(i)
No
refinery, dehydrating or absorption plant of any kind shall be constructed,
established or maintained on the premises at any time. This shall
not be deemed to exclude a simple gas separation process.
N.
Cleanliness
and sanitation.
(a)
The
premises shall be kept in a clean and sanitary condition. The permittee
shall prevent any mud, wastewater, oil, slush, or other waste matters
from flowing into the alleys, streets, lots or leases within the city.
(b)
All
permittees’ premises shall be kept clear of high grass, weeds
and combustible trash within a radius of 100 feet around any oil tank,
tanks, or producing wells. All waste shall be disposed of in such
manner as to comply with the air water pollution control regulations
of the state and all ordinances of the city and removed as required
in this section.
O.
Fences
required.
The well site, or drill site, shall not be
used for the storage of pipe, equipment or materials except during
the drilling or servicing of the well and all such sites, shall be
enclosed and kept fenced by a substantial chain link fence eight feet
high with slats woven through the links to make it sight proof and
with concertina wire, barbed wire or other security wire on the top,
and properly built and thereafter maintained so as to ordinarily keep
persons and animals out of the enclosure, with all gates thereto to
be kept locked when the permittee or his employees are not within
the enclosure.
P.
Fire prevention,
escape of gas, burning, flaring, general requirements.
(a)
Any
permittee engaged in the drilling or operation of an oil and/or gas
well or the operation of any facility used in conjunction with the
production of oil and/or gas within the corporate limits of the city
shall take reasonable precautions to prevent gas from escaping into
the air, and shall not flare or burn gas from a torch or any similar
means within the corporate limits of the city; provided gas may be
burned for a limited time when necessary to complete any oil and/or
gas well upon the original completion or upon the recompletion or
workover jobs upon oil and/or gas wells, so long as the same does
not constitute a fire hazard to the property of others within the
vicinity of such oil and/or gas well.
(b)
The
permittee shall place a sign at each well location or site to identify
the well.
(c)
Each
permittee shall fully comply with the rules adopted by the railroad
commission.
Q.
Flow lines
and gathering lines.
(a)
Each
permittee shall place an identifying sign at each point where a flow
line or gas gathering lines crosses any public street or road and
it shall be unlawful and a misdemeanor for any person to remove, destroy
or deface any such sign.
(b)
Each
permittee shall also place a warning sign at each point where a line
carrying gas crosses any public street or road and it shall be unlawful
and a misdemeanor to remove, destroy or deface any such sign.
(c)
No
permittee shall make any excavation for any purpose or construct any
lines for conveyance of fuel, water, or minerals, on, under, or through
the streets and alleys of the city without express permission of the
city in writing, and then only in strict compliance with the ordinances
of the city; provided, however, emergency repairs may be made without
such permission when in the good faith opinion of the permittee the
delay required to obtain written permission would involve a hazard
to person or property.
(d)
The
gathering lines and flow lines hereinafter installed in the corporate
limits of the city, for the purpose of transporting oil, gas and/or
water in conjunction with the operation of any well, tank, or tank
battery, injection or gathering system; are hereby limited to a maximum
operating gauge pressure of 250 PSI (pounds per square inch) unless
otherwise specifically approved by the city. The location of any such
gathering lines and flow lines, if not specified in the permit, must
be specifically approved by the director of public works.
(e)
The
pipeline shall be tested prior to being placed in service.
(f)
The
companies responsible for any and all pipelines now existent or hereinafter
installed within the corporate limits are hereby required to furnish
the city an “as built” plot plan showing the location
of all their facilities for permanent record with the city.
(g)
The
city engineer is authorized to approve a lesser cover or specify a
greater cover or backfill in special cases when in the opinion of
the oil and gas inspector such variation is advisable and/or will
not increase the degree of hazard.
(h)
The
requirements for construction in public right-of-way must conform
to such ordinances of the city regulating such construction.
(i)
The
digging up, breaking, excavating, tunneling, undermining, breaking
up, damaging of any street as herein defined, or leaving upon any
street any earth or other material or obstruction, shall not be permitted
unless such persons shall first have obtained written permission from
the city engineer, provided, however, emergency repairs may be made
without such permission when in the good faith opinion of the permittee
the delay required to obtain the written permission would involve
a hazard to person or property.
(Ordinance 2072, sec. 1, adopted 4/19/04)
For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning:
shall mean every machine or device of any kind or character
which is operated by or with coins, or metal slugs, tokens or checks,
“music coin-operated machines” and “skill or pleasure
coin-operated machines,” as those terms are hereinafter defined,
shall be included in such terms.
shall mean any building or premises, other than a private
home, church, or nonprofit community center, in which facilities are
provided for playing of any skill or pleasure coin-operated machine
or devices of amusement or skill, or other game requiring special
equipment for the playing thereof.
shall mean every coin-operated machine of any kind or character
which dispenses or vends or which is used or operated for dispensing
or vending music and which is operated by or with coins or metal slugs,
tokens or checks.
shall mean every pay toilet, pay telephone and all other
machines or devices which dispense service only and not merchandise,
music, skill or pleasure.
shall mean every coin-operated machine of any kind or character
whatsoever, when such machine or machines dispense or are used or
are capable of being used or operated for amusement or pleasure or
when such machines are operated for the purpose of dispensing or affording
skill or pleasure, or for any purpose other than the dispensing or
vending of “merchandise or music” or “service”
exclusively, as those terms are defined herein. The following are
expressly included within said term: Marble machines, marble table
machines, marble shooting machines, miniature race tract machines,
miniature football machines, miniature golf machines, miniature bowling
machines, and all other coin-operated machines which dispense or afford
skill or pleasure.
Temporary commercial amusement facility.
Shall include, but not be limited to, circuses, carnivals,
mechanically-operated rides which are designed to accommodate more
than one adult or four children under 12 years of age, pony rides,
and miniature train rides. EXCEPTION: Not to include moonwalks and
similar amusements.
Application for permit generally.
(1)
(2)
(3)
(4)
Any person desiring to conduct or show a temporary commercial
amusement facility within the city limits shall make application for
a permit to the community development department and file same with
that office not less than two weeks prior to the time when it is desired
to show or exhibit such commercial amusement facility. Such application
shall be on forms provided by the community development department
and shall contain the following:
Name and permanent address of the owner of the temporary commercial
amusement facility, and, if the temporary commercial amusement facility
is owned by a company or corporation, the application shall show such
fact and shall also show the name of the manager or other officer
in charge of the temporary commercial amusement facility.
A list of all shows, rides, booths, and other business and attractions
expected in connection with the temporary commercial amusement facility,
listing same by name and with a description of each show or attraction.
An affidavit as to the solvency and responsibility of the owner
of the temporary commercial amusement facility and as to the kind
and character of shows and attractions exhibited by the facility,
and attachment of a certificate of liability insurance coverage in
the amounts of $100,000.00 per individual, $300,000.00 per occurrence,
and $50,000.00 property damage.
A the end of the application, the person making same shall also
state that they agree to conduct the facility and cash of the shows,
attractions, and exhibits therein in a decent, orderly and law-abiding
manner.
Action on permit application.
The community development department shall issue a permit
if it finds that all requirements of the previous sections have been
complied with and, if the proposed location is a shopping center,
at least 75 percent of the shopping center tenants have signed a letter
of no objection.
Other requirements:
(1)
(2)
(3)
(4)
(5)
Duration of permit:
A temporary commercial amusement facility permit issued herein
shall remain in effect for fourteen (14) consecutive days only from
the date the temporary commercial amusement facility or show is proposed
to begin operation.
Hours of operation:
The temporary commercial amusement facility shall not operate
before 7:00 a.m. or past the hour of 11:00 p.m. on weekdays (Sunday
through Thursday) or past 12:00 p.m. (midnight) on Friday and Saturday.
On-site living quarters:
No living quarters of any kind shall be permitted to be located
on the site of the temporary commercial amusement facility except
self-contained units needed for proper and customary security measures.
Number of permits issued:
Only two temporary commercial amusement facilities may be
permitted at a given location during any one calendar year.
All food related vendors must obtain a Dallas County health
permit.
Permit fee.
(1)
(2)
(3)
Temporary public amusements:
$550.00
Temporary food sales health permit:
Must be obtained from the Dallas County Health Department
- Applies to all applicants that are providing food products.
It shall be unlawful for any person to show or exhibit any temporary
commercial amusement facility within the city without first obtaining
a permit to do so from the community development department.
Falsified application prohibited: Penalties.
It shall be unlawful for any person to make or knowingly
permit the making of any false or misleading statement in any application
made pursuant to this article. In addition to any other punishment
or sanction, the violation of this section shall be grounds for the
immediate revocation of any permit granted pursuant to such application.
Such permit may also be suspended for a time definite and such suspension
and revocation procedure shall be in accordance with the provisions
of this section. (Scope of permitted operation).
Scope of permitted operation.
Any person obtaining a permit to show and exhibit a temporary
commercial facility within the city limits shall have the right to
show, maintain, and operate only such shows, rides, booths and other
attractions as shall be under the direct charge and supervision of
the owner or operator of the temporary commercial amusement facility
and it shall be unlawful for any person to show or exhibit in connection
with the temporary commercial amusement facility any show, attraction
or concession of any kind or character independent of the permitted
operation, the permit granted to such temporary commercial amusement
facility covering and permitting only such shows, attractions and
concessions as are owned, managed or operated by the person applying
for the permit.
Permit revocation.
If the temporary commercial amusement facility is conducted
in a manner that violates any of the provisions for the issuance of
the permit, the community development department may immediately revoke
the permit. Any person who has been denied a permit or whose permit
has been revoked as aforesaid, may within five days, after necessary
notice thereof, appeal to the city council for a hearing thereon,
and the decision of the council in this regard shall be final.
(Ordinance 2074, sec. 1, adopted 4/19/04)
A.
Temporary
seasonal sales.
(1)
Purpose.
The purpose of this section is to permit temporary seasonal
sales with certain guidelines to ensure that such sales locations
are properly maintained and operated so as to avoid any real or perceived
negative impacts on adjacent property. It is not the purpose of this
section to allow for permanent or semi-permanent occupancy of a property
by a re-occurring temporary use.
For this section, seasonal means a product normally sold in
a period of the year devoted to or marked by certain activities, events,
or climate conditions, such as special holidays, summer season, winter
season.
(2)
Specific
requirements related to permit types.
(a)
A permit for temporary seasonal fresh produce stands, snow cone and
ice cream stands and any unlisted temporary seasonal sales use may
be granted by the community development department under the following
restrictions:
i.
Each permit shall be granted for a period not to exceed 90 days.
ii.
The applicant and/or property owner shall vacate the premises, including
removal of all equipment, goods and/or remnants of the temporary sale,
at the end of the permit period for a period of at least 30 days before
a new permit can be issued for any temporary retail or seasonal sales
use on that property.
iii.
No more than two permits for these uses shall be issued for each
property within a 12-month period.
iv.
Off-street vehicle parking shall be provided on a paved surface in
accordance with this Code.
(b)
A permit for temporary seasonal sales of Christmas trees may be granted
by the community development department under the following restrictions:
i.
Each permit shall be granted for a period not to exceed 40 days.
ii.
No more than one permit for the sale of Christmas trees shall be
issued for each property within a 12-month period.
iii.
The applicant and/or property owner shall vacate the premises, including
removal of all equipment, goods and/or remnants of the temporary sale,
at the end of the permit period for a period of at least 30 days before
a new permit can be issued for any temporary retail or seasonal sales
use on that property.
iv.
Parking on unimproved surfaces may be allowed for the duration of
the permit as approved by the city engineer and fire marshal, provided
the parking is not detrimental to property or improvements in the
surrounding area or to the public health, safety, or general welfare.
(c)
The temporary seasonal sales of firewood shall only be permitted
in conjunction with a “retail sales with outdoor display”
use, which has otherwise received the necessary approvals pursuant
to this Code. The temporary seasonal sales of firewood shall not be
permitted to occupy any area that is required parking for an otherwise
permanent permitted use on the property.
(d)
A permit for temporary seasonal sales activities such as, but not
necessarily limited to firewood, plant sales and landscaping materials
may be granted by the community development department for a period
not to exceed 90 days.
i.
The permit shall be issued only to the current certificate of occupancy
holder on a site that contains a minimum of 100 required parking spaces.
ii.
The displayed merchandise shall not exceed five feet in height and
have a front and side street set back the same as the building unless
a solid six-foot screen is provided.
iii.
Off-street vehicle parking shall be provided on a paved surface in
accordance with this Code.
iv.
No more than two permits for these uses shall be issued for each
property within a 12-month period.
v.
The applicant shall submit in writing a statement that the temporary
seasonal activity will be removed at the end of the permit period
or sooner if ordered by the community development department.
(3)
General
permit requirements.
(a)
Issuance of permits for temporary sales shall be limited to areas
zoned for retail or commercial uses.
(b)
A temporary seasonal activity must be located so that it will not
adversely affect parking or pedestrian access.
(d)
The applicant and/or property owner shall submit in writing a statement
that the temporary seasonal activity will be removed at end of the
permit period or sooner if ordered by the community development department.
(e)
All food related vendors must obtain a Dallas County health permit.
(f)
The application for a temporary sales permit shall also include a
true copy of the sales tax permit which designates the City of Sachse
as the point of sale.
(g)
The applicant for a temporary sales permit shall also provide a driver’s
license or other photo identification and a birth date of the owner/representative
of the sales use.
(h)
Temporary sales shall be kept clean at all times, including but not
limited to the following.
i.
All exterior property and premises, and the interior of every structure,
shall be free from any accumulation of rubbish or garbage.
ii.
All land shall be maintained properly. Lawns, hedges, bushes, trees
and other vegetation shall be trimmed and kept from becoming overgrown
and unsightly, especially in those areas where the vegetation is exposed
to public view and may cause a blighting influence if not properly
maintained.
iii.
All premises and exterior property shall be free from weeds or plant
growth in excess of ten inches. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs; however,
this shall not include cultivated flowers and gardens.
iv.
No unsafe structures, either permanent or temporary (including sheds,
tents, lean-tos, storage pods or other shelters), defined as any structure
that is found to be dangerous, unsafe or is so damaged, decayed, dilapidated,
structurally unsafe or of such faulty construction or unstable foundation,
that partial or complete collapse is possible are permitted.
v.
Firewood and other goods for sale shall be kept in neat stacks or
bundles.
vi.
No chopping or splitting of wood shall be permitted on the property.
vii.
Disposal of any unsold or damaged goods, including wood scraps, Christmas
trees or any other remnant of the temporary sale, must be completed
by the end of the permit period. Any remnants of previous sales may
cause denial of any future permit applications.
(i)
Any violation of permit requirements, including failure to keep a
site clean and organized may lead to revocation of a temporary sales
permit.
(j)
Signage for temporary sales shall be professional in nature and secured
in such a way as to withstand anticipated wind loads. All signs and
supports shall be maintained in good condition to prevent deterioration,
oxidation, rust and other unsightly conditions. Hand-painted signs
are not permitted.
(k)
No more than three signs shall be permitted per site.
(l)
No signage shall be permitted within the right-of-way. All signage
must be set back a minimum of eight feet from the property line.
B.
Temporary
retail sales or sidewalk sale.
(1)
Permit.
A permit for temporary outdoor retail sales of merchandise may
be granted by the community development department for a period not
to exceed five consecutive days, at six-month minimum intervals to
the same retail merchant holding the certificate of occupancy.
(a)
The outdoor retail sales must be located so that it will not adversely
affect parking or pedestrian access.
(b)
The type of merchandise that may be sold is limited to such products
that the merchant would normally sell in their place of business.
(c)
The applicant shall submit in writing a statement that the temporary
retail sales event will be removed at the end of the permit period
or sooner if ordered by the community development department.
C.
Permit
fees.
Applications for temporary retail and seasonal
sales permits, and other associated permits as listed below shall
be accompanied by a required fee as set forth in the City of Sachse
Master Fee Schedule.
(1)
Temporary
seasonal sales: As set forth in the City of Sachse Master Fee Schedule.
(2)
Temporary
food sales health permit: As set forth in the City of Sachse Master
Fee Schedule-Applies to all applicants that are providing food products.
(3)
Temporary
retail sales: As set forth in the City of Sachse Master Fee Schedule.
(4)
Electrical
fee, if applicable: As set forth in the City of Sachse Master Fee
Schedule.
(Ordinance 2073, sec. 1, adopted 4/19/04; Ordinance 3283, sec. 1, adopted 3/21/11; Ordinance 3400, sec. 1, adopted 7/2/12)
A.
Temporary
activities: Permit required.
(1)
A permit
for temporary activities such as, but not necessarily limited to revivals,
public auctions, stock shows, haunted houses, and other related activities,
commercial sporting activities, non-profit fund raisers, church, school,
civic, and city sponsored events, may be granted by the community
development department for a period not to 14 consecutive days.
(a)
All outdoor temporary activities, except church, school, civic, and
city-sponsored events, must be located a minimum of 300 feet from
a residential structure.
(b)
It shall be unlawful for any person to conduct any temporary activity
within the city without first obtaining a permit to do so from the
community development department.
(c)
The applicant and property owner shall submit in writing a statement
that the temporary activity will be removed at the end of the permit
period or sooner if ordered by the community development department.
(Ordinance 2073, sec. 1, adopted 4/19/04)
A.
Purpose.
The purpose of alcoholic beverage regulations is to protect
the public health, safety and public welfare.
B.
General
requirements.
(1)
The
sale of beer in residential areas or within residential zoning districts
is prohibited.
(2)
Alcoholic
beverages shall not be sold by a dealer whose place of business is
within 300 feet of a church, public or private school, or public hospital,
1,000 feet of a public or private school if the city receives a request
pursuant to state law from the board of trustees of the school district
or from the governing body of the private school. This subsection
does not apply to the holder of:
(a)
A license or permit who also holds a food and beverage certificate
covering a premise that is located within 300 feet of a private school;
or
(b)
A license or permit covering a premise where minors are prohibited
from entering under sec. 109.53 of the Texas Alcoholic Beverage Code,
as amended, and that is located within 300 feet of a private school.
(3)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and the church or public hospital shall be along
the property lines of the street fronts and from front door to front
door, and in direct line across intersections.
(4)
The
measurement of the distance between the place of business where alcoholic
beverages are sold and the public or private school shall be:
(a)
In a direct line from the property line of the public or private
school to the property line of the place of business, and in a direct
line across intersections; or
(b)
If the permit or license holder is located on or above a fifth story
of a multistory building, in a direct line from the property line
of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically
up the building at the property line to the base of the floor on which
the permit or license holder is located.
(5)
Every
applicant for an original alcoholic beverage license or permit for
a location with a door by which the public may enter the place of
business of the applicant that is within 1,000 feet of the nearest
property line of a public or private school, measured along street
lines and directly across intersections, must give written notice
of the application to officials of the public or private school before
filing the application with the Texas Alcoholic Beverage Commission.
A copy of the notice must be submitted to the commission with the
application. This subsection does not apply to a permit or license
covering a premise where minors are prohibited from entering the premises.
(6)
Except
as provided herein, provisions relating to a public school also apply
to a day-care center and child-care facility as those terms are defined
by sec. 42.002, Human Resources Code.
This section does not apply to a permit or license holder who
sells alcoholic beverages if:
(a)
The permit or license holder and the day-care center or child-care
facility are located on different stories of a multistory building;
or
(b)
The permit or license holder and the day-care center or child-care
facility are located in separate buildings and either the permit or
license holder or the day-care center or child-care facility is located
on the second story or higher of a multistory building.
C.
Permit
required.
(1)
No
person, corporation or association shall sell alcoholic beverages
within the city without first having applied for and been granted
a valid permit issued by the city to sell alcoholic beverages. Upon
the exhibition of a license or permit duly issued by the State of
Texas to the applicant, the community development director or designee
shall, in the name of the city, issue and deliver to the applicant
a permit to engage in the business in the city of the character described
in and authorized by the license or permit from the state held by
the applicant. The license or permit so issued in the name of the
city shall authorize the conduct of such business upon the premises
described in a license or permit from the state remains in force.
(2)
An
applicant for a permit under this section shall pay a fee at the time
of the submission of the application. The fee shall be equal to one-half
of the state fee for each permit issued for premises located within
the city.
(Ordinance 2162, sec. 1, adopted 9/19/05)
A.
Purpose.
Some gatherings or organized activities, due to their size and
special requirements, may place unique demands on public resources
or pose a danger to public health, safety and welfare. In order to
plan for these demands on public resources and to ensure that public
health and safety is protected, it is necessary that the city receive
advance notice of these special events. The provisions of this division
are intended to address those concerns and are not intended to place
unnecessary burden on any individual’s right to association
or freedom of expression.
B.
Applicant
Block party
City
Demonstration
Parade
Permittee
Person
Sidewalk
Special event
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Street
Definitions.
The following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future.
shall mean a person who has filed a written application for
a special event permit.
shall mean the use of a residential street for a neighborhood
function in which traffic control is required.
shall mean the City of Sachse, Texas.
shall mean a public display of the attitude of the assembled
persons toward a person, cause, issue, or other matter.
shall mean any assembly, march, demonstration, or procession
upon public thoroughfares within the city consisting of 50 or more
persons, animals, or vehicles with an intent of attracting public
attention and that is reasonably likely to interfere with the normal
flow or regulation of traffic upon public thoroughfares.
shall mean the person to whom a permit is granted pursuant
to this article.
shall mean any individual, assumed named entity, partnership,
association, corporation, or organization.
shall mean that portion of a street between the curb lines
or lateral lines of a roadway and the adjacent property lines intended
for the use of pedestrians.
shall mean a temporary event, gathering or organized activity,
including but not limited to parades, bike races, marathons, walk-a-thons,
fireworks displays, concerts, carnivals, or other types of races and
festivals, using city-owned property, involving 50 or more persons
and which involves one or more of the following activities:
Closing a public street;
Blocking or restriction of city-owned property;
Sale of merchandise, food or beverages on city-owned property;
Erection of a tent equal to or greater than 200 square feet
in area on city-owned property;
Installation of a stage, band-shell, trailer, van, portable
building, grandstand or bleachers on city-owned property;
Placement of portable toilets on city-owned property;
Placement of temporary no-parking signs in a public right-of-way;
or
Placement of pedestrian boundary markers on city-owned property.
shall mean the entire width between the boundary lines of
every way publicly maintained, when any part thereof is open to use
by the public for the purposes of vehicular traffic.
C.
Exemptions.
The provisions of this article do not apply to a special event
conducted by the city, block parties, parades, or peaceful demonstrations
at a fixed location other than a street.
D.
Permit
required.
(1)
It
shall be unlawful for any person to conduct a special event without
first having obtained a permit from the parks and recreation department.
(2)
It
shall be unlawful for any person to participate in a special event
for which the person knows a permit is required and has not been granted.
(3)
It
shall be unlawful for any person in charge of, or responsible for
the conduct of, a special event to knowingly fail to comply with any
condition of the permit.
E.
Application
for permit.
(1)
An
organization or individual requesting a special event permit must
reside within the city.
(2)
The
director of parks and recreation, or his designee, shall ensure that
the other licenses and permits, restrictions, regulations, fees for
the city services, safeguards or other conditions deemed necessary
by individual city departments for the safe and orderly conduct of
a special event be requested, submitted, and approved before the application
for permit is granted. (i.e. health permit applications, agreement
with police department for police coverage, agreement with public
works department regarding cost associated with street closure, etc.).
Separate permits will not be required for tents, awnings, canopies,
loudspeakers or temporary signage in conjunction with the event.
F.
Filing
period.
A special event permit application may be filed
not more than 13 months in advance of the intended event date. A special
event permit application shall be filed at least 90 days before the
event date.
G.
Submittal
requirements.
The application for a special event permit
shall set forth as a minimum the following information:
(1)
The
event name, location, purpose and approximate number of persons attending;
(2)
Applicant/main
contact name, address, phone, and email;
(3)
Organization
hosting the event, including organization name, address, phone, email,
and head of organization name;
(4)
If
a fee is required to participate in the event, a fee schedule, including
admissions, registrations and activities must be provided;
(5)
List
of all activities to be conducted as part of the event;
(6)
All
events must include a site plan and/or route map;
(7)
Dates
of the event, including set-up and tear down dates;
(8)
Proposed
parking locations, including written permission for use of parking
from property owner(s);
(9)
Listing
of all items that will be a part of the event, including closing a
public street, sale of merchandise, portable toilets/portable building;
inflatables, food, loudspeakers, generators, fencing, stage and tent(s);
(10)
Explanation
of plans to deal with sanitation needs;
(11)
If
the event is a run/walk or parade, additional information will be
necessary, including start times for each distance, onsite registration
and set-up information, assembly location, name of company providing
registration/marking/run timing, contact name and phone number, the
estimated number of participants/runners, the estimated number of
vehicles/floats, and other types of participants (animals, etc.);
(12)
Whether
or not signs or banners will be utilized;
(13)
Property
owner information; and
(14)
If
the event will impact surrounding property owners, the method used
to notify each property owner and the date notice was provided.
H.
Standards
for issuance of permit.
A special event will be conducted
in such a way that it:
(1)
Will
not unnecessarily interrupt the safe and orderly movement of traffic
near its location or route;
(2)
Will
not require the diversion of so great a number of police officers
to properly police the event locale or line of movement and the adjacent
areas as to prevent normal protection for the city;
(3)
Will
not require the diversion of so great a number of ambulances as to
prevent normal ambulance service to portions of the city other than
that to be occupied by the event and adjacent areas;
(4)
Will
not interfere with the movement of firefighting equipment in route
to a fire. The concentration of people, animals, and vehicles at assembly
points will not unduly interfere with proper fire and police protection
or ambulance service to areas near such assembly points; or
(5)
In
the case of a parade, the parade shall be scheduled to move from its
point of origin to its point of termination without unreasonable delays
in route.
I.
Denial
or revocation.
(1)
The
director of parks and recreation may deny a special event permit if:
(a)
The event will conflict in time and location with another event for
which a permit has already been granted;
(b)
The applicant fails to comply with or the event will violate an ordinance
of the city or any other applicable law;
(c)
The applicant makes or permits the making of a false or misleading
statement or omission of material fact on an application for a special
event;
(d)
The applicant has been convicted of violating this section or has
had a permit revoked within the preceding 12 months;
(e)
The applicant fails to provide proof of a license or permit required
by this or another city ordinance or by state law;
(f)
The event, in the opinion of one or more city departmental directors,
would severely hinder the delivery of normal or emergency services
or constitutes a public threat.
(g)
Insurance requirements for the event have not been met.
(2)
A special
event permit may be revoked upon the following conditions:
(a)
In the event that the chief of police, fire chief, building official
or other city official, or their designated representatives, find
that any of the provisions of this article, another city ordinance,
or state law is being violated, they shall immediately notify the
director of parks and recreation and based on that information, the
director of parks shall determine whether it shall be revoked;
(b)
When, in the judgment of the above named officials, a violation exists
which requires immediate abatement, they shall have authority to revoke
a permit in the absence or unavailability of the director of parks
and recreation; or
(c)
The applicant made or permitted to be made a false or misleading
statement or omission of material fact on an application for a special
event.
J.
Appeals.
Decisions of the director of parks and recreation, police chief
or any other city official regarding the issuance of a permit or the
imposition of costs, additional restrictions or conditions upon the
granting of a permit may be appealed to the city manager, or in his
absence, an executive director. Such appeal shall be in writing and
shall be filed with the city manager within five business days after
the issuance of a decision by the parks director or other official.
When making a determination regarding the appeal, the city manager,
or in his absence, an executive director, shall consider the application
under the standards provided in this article and sustain or overrule
the director’s decision. The decision of the city manager or
executive director shall be issued within five business days and shall
be final.
K.
Duration
of permit.
The permit granted under the terms of this
article shall not exceed a period of 14 days. Another permit shall
not be granted for the same location until at least 30 days have elapsed
from the expiration of the previous permit. The director of parks
and recreation may reduce the time limitations above upon review of
location of the event, time of the event, type of event, safety of
the event, and proximity to residential properties.
L.
Insurance.
Insurance coverage must be provided in accordance with the city’s
requirements.
M.
Indemnification.
Applicant shall sign an agreement to indemnify and hold harmless
the city, its officers, employees, agents, and representatives against
all claims of liability and causes of action resulting from injury
or damage to persons or property arising out of the special event.
(Ordinance 3718, sec. 1, adopted 2/1/16)
A.
Purpose.
This section establishes regulations for operating
various mobile food vendors within city limits.
B.
General.
(1)
It shall be unlawful for any person to peddle, solicit, sell, offer
for sale, or exhibit for sale, any merchandise or items of value upon
any public sidewalk, street, street right-of-way, parkway or other
public right-of-way, except that it shall be lawful for that person
to engage in mobile vending operations involving food products upon
any street, public street, or street right-of-way provided such person
has obtained both a solicitor's permit and a health permit from
the city under the conditions set forth in this section.
(2)
No person shall engage in or attempt to engage in any mobile vending
operation involving food products unless such person has in his immediate
possession a valid solicitor's permit and health permit issued
to him by the city.
(3)
No person shall engage in or attempt to engage in any mobile vending
operation involving food products unless the vehicle is constructed
and operated in accordance with the Texas Food Establishment Rules.
(4)
Any person engaged in or attempting to engage in mobile vending operation
involving food products shall comply with all applicable requirements
of the city fire code as well as other city code requirements.
(5)
Any person engaged in or attempting to engage in any mobile vending
operation involving food products shall ensure that all food preparation,
cooking, service, or other food service-related activities take place
fully within the confines of the vehicle Such mobile vending operations
shall provide trash bins and trash disposal for their customers.
(6)
No person shall engage in or attempt to engage in any mobile vending
operations involving food products on any public street which is not
residential in character, arterial or collectors as defined by the
city or on any other street which includes four or more marked traffic
lanes.
C.
Designated areas.
Any person engaged in or attempting
to engage in mobile vending operations involving food products on
private property, exclusive of those operating in conjunction with
duly permitted temporary or special events, open air markets, or food
truck parks, shall:
(1)
Comply with all sign ordinance regulations and be prohibited from
erecting, placing or displaying any signage, including animated or
electronic messaging signs except:
(2)
Demonstrate that the vehicle is moveable and operable upon demand
by the city.
(3)
Not alter or modify the vehicle or the premises adjacent to the vehicle
that would prevent the operation or mobility of the vehicle from which
the mobile vending operation is conducted.
(4)
Mobile food vendors shall not locate on any private property without
written permission to sell from the property owner on letter head
with current contact information, signed by the property owner. Mobile
food vendors must comply if asked to leave by the property owner or
city official. A copy of the written permission to operate in a specific
location, signed by the private property owner, must be kept within
the mobile vending unit at all times.
D.
Non-designated areas.
(1)
City parks. Notwithstanding the provisions
of this section, a person may sell or offer for sale any food, drinks,
confections, merchandise or services within the limits of any city
park if such person has a written agreement or a permit issued by
the director of leisure services.
(Ordinance 4102 adopted 2/6/2023)
