(a) Purpose.
It is the purpose of this article to regulate sexually oriented
businesses and related activities 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 deleterious location
and concentration of sexually oriented businesses within the city.
The provisions of this article have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent nor effect of this article to restrict or deny access
by adults to sexually oriented materials protected by the first amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this article to condone or legitimize the distribution of
obscene materials.
(b) Findings.
Based on evidence concerning the adverse secondary effects of
adult uses on the community presented in hearings and in reports made
available to the city commission, and on findings incorporated in
the cases of City of Erie v. Pap’s A.M., 529 U.S. 277 (2000);
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton
v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books,
Inc., 478 U.S. 697, (1986); Iacobucci v. City of Newport, Ky, 479
U.S. 92 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976);
California v. LaRue, 409 U.S. 109 (1972); United States v. O’Brien,
391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403
(6th Cir.1997); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir.1986);
Hang On, Inc. v. City of Arlington,, 65 F.3d 1248 (5th Cir.1995);
South Florida Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th
Cir.1984); and N.W. Enterprises v. City of Houston, 27 F.Supp. 2d
754 (S.D. Tex.1998), as well as studies conducted in other cities
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota;
Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove,
California; Los Angeles, California; Whittier, California; Austin,
Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio;
and Beaumont, Texas; and findings reported in the final report of
the attorney general’s commission on pornography (1986), the
report of the attorney general’s working group on the regulation
of sexually oriented businesses (June 6, 1989, State of Minnesota),
and statistics obtained from the U.S. Department of Health and Human
Services, Centers for Disease Control and Prevention, the city commission
finds that:
(1) Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make owners of these establishments responsible for the activities
that occur on their premises.
(2) Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located.
(3) Sexual acts, including masturbation, and oral and anal sex, occur
at sexually oriented businesses, especially those which provide private
or semi-private booths or cubicles for viewing films, videos, or live
sex shows.
(4) Offering and providing such booths and/or cubicles encourages such
activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theaters, adult arcades, and other
sexually oriented businesses, for the purpose of engaging in sex within
the premises of such sexually oriented businesses.
(6) At least 50 communicable diseases may be spread by activities occurring
in sexually oriented businesses including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital
herpes, hepatitis B, non A, non B amebiasis, salmonella infections,
and shigella infections.
(7) As of December 2004, the total number of reported cases of AIDS in
the United States caused by the immunodeficiency virus (HIV) was 944,305.
(8) As of December 2004 there have been 3,298 reported cases of AIDS
in the State of Texas.
(9) The total number of cases of genital chlamydia trachomatis infections
in the United States reported in 2000 was 702,093, a six percent increase
over the year 1999.
(10) The total number of cases of early (less than one year) syphilis
in the United States reported during the 12-year period 1996-2000
was 212,672.
(11) The number of cases of gonorrhea in the United States reported annually
remains at a high level, with a total of 1,730,911 cases reported
during the period 1996-2000.
(12) The surgeon general of the United States in his report of October
22, 1986, advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug use, exposure
to infected blood and blood components, and from an infected mother
to her newborn.
(13) According to the best scientific evidence available, AIDS and HIV
infection, as well as syphilis and gonorrhea, are principally transmitted
by sexual acts.
(14) Sanitary conditions in some sexually oriented businesses are unhealthy,
in part, because the activities conducted there are unhealthy, and,
in part, because of the unregulated nature of the activities and the
failure of the owners and operators of the facilities to self-regulate
those activities and maintain those facilities.
(15) Numerous studies and reports have determined that bodily fluids,
including semen and urine, are found in the areas of sexually oriented
businesses where persons view “adult” oriented films.
(16) Nude dancing in adult establishments encourages prostitution, increases
sexual assaults, and attracts other criminal activity.
(17) Nude dancing in adult establishments increases the likelihood of
drug-dealing and drug use.
(18) Alcohol consumption in adult establishments increases the likelihood
of crime, illegal drug use, and illegal sexual activity, and encourages
undesirable behavior that is not in the interest of the public health,
safety, and welfare.
(19) The findings noted in paragraphs numbered (1) through (18) raise
substantial governmental concerns.
(20) Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
(21) A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and operators
of sexually oriented businesses. Further, such licensing procedure
will place a heretofore non-existent incentive on operators to see
that the sexually oriented business is run in a manner consistent
with the health, safety, and welfare of its patrons and employees,
as well as the citizens of the city. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
(22) Removal of doors on adult booths and requiring sufficient lighting
on the premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult establishments.
(23) The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases
and criminal activity.
(24) It is desirable, in the prevention of crime and the spread of communicable
diseases, to obtain a limited amount of information regarding certain
employees who may engage in the conduct this article is designed to
prevent, or who are likely to be witnesses to such activity.
(25) The fact that an applicant for a sexually oriented business license
has been convicted of a sex-related crime leads to the rational assumption
that the applicant may engage in that conduct in contravention to
this article.
(26) The barring of such individuals from operation or employment in sexually
oriented businesses for a period of five years for a previous felony
conviction serves as a deterrent to further criminal conduct, and
prevents conduct which leads to the transmission of sexually transmitted
diseases.
(27) The general welfare, health, morals, and safety of the citizens of
this city will be promoted by enactment of this article.
(28) When more than one sexually oriented business use occupies the same
location or business address, the secondary effects caused by such
businesses are increased. Secondary effects are eliminated or controlled
to a greater degree when only a single sexually oriented business
use is allowed to occupy the same location.
(Ordinance 710, sec. I, adopted 6/23/06)
[The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:]
Adult arcade:
means any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors,
videos, or other image-producing devices are maintained to show images
to five or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of “specified sexual activities” or “specified
anatomical areas.
Adult bookstore or adult video store:
means a commercial establishment that, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, video cassettes or video reproductions, slides,
or other visual representations that depict or describe “specified
sexual activities” or “specified anatomical areas;”
or
(2)
Instruments, devices, or paraphernalia that are designed for
use in connection with “specified sexual activities.”
A principal business purpose exists if materials offered for sale
or rental depicting or describing “specified sexual activities”
or “specified anatomical areas” generate 20 percent or
more of the business’s income, or account for 20 percent or
more of inventory, or occupy 20 percent or more of total floor space.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing “specified sexual activities” or “specified
anatomical areas” and still be categorized as adult bookstore
or adult video store. Such other business purposes will not serve
to exempt such commercial establishments from being categorized as
an adult book store or adult video store so long as one of its principal
business purposes is the offering for sale or rental for consideration
the specified materials that depict or describe “specified sexual
activities” or “specified anatomical areas.”
Adult cabaret:
means a nightclub, bar, restaurant, cafe, or similar commercial
establishment that regularly, commonly, habitually, or consistently
features:
(1)
Persons who appear in a state of nudity or semi-nudity; or
(2)
Live performances that are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities;” or
(3)
Films, motion pictures, video cassettes, slides, photographic
reproductions, or other image producing devices that are characterized
by the depiction or description of “specified sexual activities”
or “specified anatomical areas”; or
(4)
Persons who engage in “exotic” or erotic dancing
or performances that are intended for the sexual interests or titillation
of an audience or customers.
Adult motel:
means a hotel, motel or similar commercial establishment
that:
(1)
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions that 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
that advertises the availability of this adult type of photographic
reproductions; or
(2)
Offers a sleeping room for rent for a period of time that is
less than 24 hours, or
(3)
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 24 hours.
Adult motion picture theater:
means a commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly, commonly, habitually, or consistently
shown that are characterized by the depiction or description of “specified
sexual activities” or “specified anatomical areas.”
Adult theater:
means a theater, concert hall, auditorium, or similar commercial
establishment that regularly, commonly, habitually, or consistently
features persons who appear, in person, in a state of nudity and/or
semi-nudity, and/or live performances that are characterized by the
exposure of “specified anatomical areas” or by “specified
sexual activities.”
Director:
means the chief of police and such employee(s) of the police
department as he may designate to perform the duties of the director
under this article.
Employee:
means a person who performs any service on the premises of
a sexually oriented business on a full time, part time, contract basis,
or independent basis, whether or not the person is denominated an
employee, independent contractor, agent, or otherwise, and whether
or not the said person is paid a salary, wage, or other compensation
by the operator of said business. “Employee” does not
include a person exclusively on the premises for repair or maintenance
of the premises or equipment on the premises, or for the delivery
of goods to the premises, nor does “employee” include
a person exclusively on the premises as a patron or customer.
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.
Escort agency:
means a person or business association who furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary
business purposes for a fee, tip, or other consideration.
Establishment:
means and includes any of the following:
(1)
The opening or commencement of any sexually oriented business
as a new business:
(2)
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(3)
The additions of any sexually oriented business to any other
existing sexually oriented business; or
(4)
The relocation of any sexually oriented business; or
(5)
A sexually oriented business or premises on which the sexually
oriented business is located.
Licensed day-care-center:
means a facility licensed by the State of Texas, whether
situated within the city or not, that provides care, training, education,
custody, treatment or supervision for more than 12 children under
14 years of age, where such children are not related by blood, marriage
or adoption to the owner or operator of the facility, for less than
24 hours a day, regardless of whether or not the facility is operated
for a profit or charges for the services it offers.
Licensee:
means a person in whose name a license has been issued, as
well as the individual listed as an applicant on the application for
a license.
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 for consideration.
Nudity or a state of nudity
means the appearance of a human bare buttock, anus, anal
cleft or cleavage, pubic area, male genitals, female genitals, or
vulva, with less than a fully opaque covering; or a female breast
with less than a fully opaque covering of any part of the areola;
or human male genitals in a discernibly turgid state even if completely
and opaquely covered.
Person:
means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
Premises:
means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to section
19-124 of this article;
Semi-nude or semi nudity:
means the appearance of the female breast below a horizontal
line across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole
or in part.
Sexual encounter center:
means a business or commercial enterprise that, as one of
its principal business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2)
Activities between persons of the opposite sex and/or persons
of the same sex when one or more of the persons is in a state of nudity
or semi-nudity.
A principal business purpose exists if the services offered
are intended to generate business income.
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Sexually oriented business:
means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
Specified anatomical areas:
means:
(1)
The human male genitals in a discernibly turgid state, even
if fully and opaquely covered;
(2)
Less than completely and opaquely covered human genitals, pubic
region, buttocks, or a female breast below a point immediately above
the top of the areola.
Specified criminal activity:
means any of the following offenses:
(1)
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution, or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; sexual assault; molestation of a child; or any similar sex-related
offenses to those described above under the criminal or penal code
of this state, other states, or other countries.
(2)
For which:
a.
Less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of 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 of a felony offense;
c.
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement imposed for the
last conviction, whichever is the later date, if the convictions are
for two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24 month period;
(3)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
Specified sexual activities:
means and includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts, whether covered or uncovered;
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
Substantial enlargement:
of a sexually oriented business means the increase in floor
areas occupied by the business by more than 25 percent, as the floor
areas existed on July 1st, 2006.
Transfer of ownership or control:
of a sexually oriented business means and includes any of
the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(Ordinance 710, sec. II, adopted 6/23/06)
Sexually oriented business uses are classified as either non-live
entertainment, or live entertainment, as follows:
(1) Non-live
entertainment shall include:
(b) Adult bookstores or adult video stores; or
(d) Adult motion picture theaters.
(2) Live
entertainment shall include:
(e) Sexual encounter centers.
(Ordinance 710, sec. III, adopted 6/23/06)
(a) It
shall be unlawful:
(1) For any person to operate a sexually oriented business without a
valid sexually oriented business operator’s license (“operator’s
license”) issued by the director pursuant to this article; or
(2) For any person who operates a sexually oriented business to employ
a person to work and/or perform services on the premises of the sexually
oriented business, if such employee is not in possession of a valid
sexually oriented business employee license (“employee license”)
issued to such employee by the director pursuant to this article;
or
(3) For any person to obtain employment with a sexually oriented business
if such person is not in possession of a valid sexually oriented business
employee license issued to such person by the director pursuant to
this article.
(4) It shall be a defense to subsections
(2) and
(3) of this section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.
Violation of any provision within this subsection shall constitute
a misdemeanor.
(b) An application for a sexually oriented business operator’s license must be made on a form provided by the city. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Prior to issuance of an operator’s license, the premises must be inspected by the police department, fire department, and zoning department. Prior inspection by the police department shall be required only when the provisions set forth in sections
19-139 and/or
19-138 are applicable.
(c) An
application for a sexually oriented business employee license must
be made on a form provided by the city.
(d) All
applicants for a license must be qualified according to the provisions
of this article. The application may request, and the applicant shall
provide, such information reasonably necessary (including fingerprints)
to enable the city to determine whether the applicant meets the qualifications
established under this article. The applicant has an affirmative duty
to supplement an application with new information received subsequent
to the date the application was deemed completed.
(e) If
a person who wishes to own or operate a sexually oriented business
is an individual, he must sign the application for an operator’s
license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual who
has a ten percent or greater interest in the business must sign the
application for an operator’s license as applicant. If a corporation
is listed as owner of a sexually oriented business or as the entity
that wishes to operate such a business, all corporate officers and
directors must sign the application for an operator’s license
as applicant.
(f) Applications
for an operator’s license, whether original or renewal, must
be made to the director by the intended operator of the enterprise.
Applications must be submitted to the office of the director or the
director’s designee during regular working hours. Application
forms shall be supplied by the director. The following information
shall be provided on the application form:
(1) The name, street address (and mailing address if different) of the
applicant(s);
(2) The applicant’s social security number and/or his/her state
or federally issued tax identification number;
(3) The name under which the establishment is to be operated and a general
description of the services to be provided;
a. If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant; he or she must state
1) the sexually oriented business’s fictitious name and 2) submit
the required registration documents;
(4) Whether the applicant has been convicted, or is awaiting trial on pending charges, of a “specified criminal activity” as defined in section
19-122, and, if so, the “specified criminal activity” involved, the date, place, and jurisdiction of each;
(5) Whether the applicant has had a previous license under this article
or other similar sexually oriented business ordinance from another
city or county denied, suspended or revoked, including the name and
location of the sexually oriented business for which the business
license was denied, suspended or revoked, as well as the date of the
denial, suspension or revocation, and whether the applicant is or
has been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is or was licensed under a sexually
oriented business ordinance whose business license has previously
been denied, suspended or revoked, including the name and location
of the sexually oriented business for which the business license was
denied, suspended or revoked as well as the date of denial, suspension
or revocation;
(6) Whether the applicant holds any other licenses under this article
or other similar sexually oriented business ordinance from another
city or county and, if so, the names and locations of such other licensed
businesses;
(7) The single classification of license, as found in section
19-123, for which the applicant is filing;
(8) The telephone number of the establishment;
(9) The address and legal description of the tract of land on which the
establishment is to be located;
(10) If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought,
and the date on which the establishment began operations as a sexually
oriented business at the location for which the business license is
sought;
(11) If the establishment is not in operation, the expected startup date
(which shall be expressed in number of days from the date of issuance
of the business license). If the expected startup date is to be more
than ten days following the date of issuance of the business license,
then a detailed explanation of the construction, repair or remodeling
work or other cause of the expected delay and a statement of the owner’s
time schedule and plan for accomplishing the same;
(12) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in section
19-139 hereunder.
(g) Each
application for an operator’s license shall be accompanied by
the following:
(1) Payment of the application fee in full;
(2) If the establishment is a [State of Texas ] corporation, a certified
copy of the articles of incorporation, together with all amendments
thereto;
(3) If the establishment is a foreign corporation, a certified copy of
the certificate of authority to transact business in this state, together
with all amendments thereto;
(4) If the establishment is a limited partnership formed under the laws
of the State of Texas, a certified copy of the certificate of limited
partnership, together with all amendments thereto;
(5) If the establishment is a foreign limited partnership, a certified
copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto;
(6) Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the recorded
deed;
(7) If the persons identified as the fee owner(s) of the tract of land
in item (6) is not also the owner of the sexually oriented business,
then the lease, purchase contract, purchase option contract, lease
option contract or other document(s) evidencing the legally enforceable
right of the owner(s) or proposed owner(s) of the sexually oriented
business to have or obtain the use and possession of the tract or
portion thereof that is to be used for the sexually oriented business;
(8) A current certificate and straight-line drawing prepared within 30
days prior to application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually
oriented businesses within 1,500 feet of the property to be certified;
and the property lines of any established religious institution/synagogue,
school, public park or recreation area within 1,500 feet of the property
to be certified. For purposes of this section, a use shall be considered
existing or established if it is in existence at the time an application
is submitted;
(9) Any of items (2) through (8) above shall not be required for a renewal
application if the applicant states that the documents previously
furnished to the director with the original application or previous
renewals thereof remain correct and current.
(h) Applications
for an employee license to work and/or perform services in a sexually
oriented business, whether original or renewal, must be made to the
director by the person to whom the employee license shall issue. Each
application for an employee license shall be accompanied by payment
of the application fee in full. Application forms shall be supplied
by the director. Applications must be submitted to the office of the
director or the director’s designee during regular working hours.
Each applicant shall be required to give the following information
on the application form:
(1) The applicant’s given name, and any other names by which the
applicant is or has been known, including “stage” names
and/or aliases;
(2) Age, and date and place of birth;
(3) Height, weight, hair color, and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state, and number of photo driver’s license,
or other state issued identification card information;
(7) Social security number; and
(8) Proof that the individual is at least 18 years old.
The personal information provided in this subsection shall be
confidential, and shall not be disclosed to the public except to the
extent required by state or federal law.
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(i) Attached
to the application form for any license under this article shall be
the following:
(1) A color photograph of the applicant clearly showing the applicant’s
face, and the applicant’s fingerprints on a form provided by
the police department. Any fees, for the photographs and fingerprints
shall be paid by the applicant.
(2) A statement detailing the license history of the applicant for the
five years immediately preceding the date of the filing of the application,
including whether such applicant, in this or any other city, county,
state, or country, has ever had any license, permit, or authorization
to do business denied, revoked, or suspended, or had any professional
or vocational license or permit denied, revoked, or suspended. In
the event of any such denial, revocation, or suspension, state the
name(s) under which the license was sought and/or issued, the name(s)
of the issuing or denying jurisdiction, and describe in full the reason(s)
for the denial, revocation, or suspension. A copy of any order of
denial, revocation, or suspension shall be attached to the application.
(3) A statement whether the applicant has, within the past five years, been convicted, or is awaiting trial on pending charges, of a “specified criminal activity” as defined in section
19-122 and, if so, the “specified criminal activity” involved, the date, place and jurisdiction of each.
(j) Every
application for a license under this article shall contain a statement
under oath that:
(1) The applicant has personal knowledge of the information contained
in the application, and that the information contained therein and
furnished therewith is true and correct; and,
(2) The applicant has read the provisions of this article.
(k) A separate application and operator’s license shall be required for each sexually oriented business classification as set forth in section
19-123.
(l) The
fact that a person possesses other types of state or city permits
and/or licenses does not exempt him/her from the requirement of obtaining
a sexually oriented business operator or employee license.
(Ordinance 710, sec. IV, adopted 6/23/06)
(a) Upon
the filing of an application for a sexually oriented business employee
license, the director shall issue a temporary license to said applicant.
The application shall then be referred to the appropriate city departments
for investigation to be made on the information contained in the application.
The application process shall be completed within 30 days from the
date of the completed application. After the investigation, the director
shall issue an employee license, unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
(1) The applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a “specified criminal activity” as defined in section
19-122;
(4) The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule, or regulation, or prohibited by a particular provision of this
article; or
(5) The applicant has had a sexually oriented business employee license
revoked by the city within two years of the date of the current application.
If the sexually oriented business employee license is denied,
the temporary license previously issued is immediately rendered null
and void. Denial, suspension, or revocation of a license issued pursuant
to this subsection shall be subject to appeal as set forth in subsection
(I) of this section.
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(b) A license issued pursuant to subsection
(A) of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
(c) A license issued pursuant to subsection
(A) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any “specified criminal activity” as defined in this article, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in section
19-126. Non-renewal of a license shall be subject to appeal as set forth in subsection
(I) of this section.
(d) If
application is made for a sexually oriented business operator’s
license, the director shall approve or deny issuance of the license
within 30 days of receipt of the completed application. The director
shall issue a license to an applicant unless it is determined by a
preponderance of the evidence that one or more of the following findings
is true:
(1) An applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(2) An applicant is under the age of 18 years;
(3) An applicant has been denied a license by the city to operate a sexually
oriented business within the preceding 12 months, or whose license
to operate a sexually oriented business has been revoked within the
preceding 12 months;
(4) An applicant is overdue in payment to the city for taxes, fees, fines,
or penalties assessed against or imposed upon him/her in relation
to the sexually oriented business for which license is sought, or
the property on which the sexually oriented business is located or
will be located;
(5) An applicant has been convicted of a “specified criminal activity” as defined in section
19-122;
(6) The premises to be used for the sexually oriented business have not
been approved by the police department, fire department, and zoning
department as being in compliance with applicable laws and ordinances,
if such approval is required under other sections of this article;
(7) The license fee required under this article has not been paid;
(8) An applicant of the proposed establishment is in violation of or
is not in compliance with one or more of the provisions of this article.
(e) A license issued pursuant to subsection
(d) of this section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the section
19-123 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(f) If so required under other sections of this article, the police department, fire department, and zoning department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the director. The certification shall be promptly presented to the director. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in subsection
(d). In the event the director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.
(g) A sexually oriented business license shall issue for only one classification, as set forth in section
19-123.
(h) In
the event that the director determines that an applicant is not eligible
for a sexually oriented operator’s license, the applicant shall
be given notice in writing of the reasons for the denial within 30
days of the receipt of the completed application by the director,
provided that the applicant may request, in writing at any time before
the notice is issued, that such period be extended for an additional
period of not more than ten days in order to make modifications necessary
to comply with this article.
(i) An
applicant may appeal the decision of the director regarding a denial
to the city commission by filing a written notice of appeal with the
city secretary within ten days after service of notice upon the applicant
of the director’s decision. The notice of appeal shall be accompanied
by a memorandum or other writing setting out fully the grounds for
such appeal and all arguments in support thereof. The director may,
within 15 days of service upon him of the applicant’s memorandum,
submit a responsive memorandum to the city commission.
The city commission shall hear any appeal of a denial of a permit
or renewal permit at a public hearing and render a decision within
thirty days of receiving the notice of appeal. Notice of the public
hearing shall appear in at least one newspaper of general circulation
in the city, including the time, date, and place of the hearing, once
a week for two weeks immediately preceding the hearings. The applicant
shall have the opportunity to present information, evidence, and testimony
to the city commission during such hearing. After reviewing the record
on appeal, the city commission shall vote either to uphold or overrule
the director’s decision.
The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of a denial by the director and city commission may be made pursuant to section
19-131 of this article. The status quo shall continue to be maintained during the pendency of judicial review.
(j) A license issued pursuant to subsection
(d) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any “specified criminal activity” as defined in this article, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in section
19-126.
(Ordinance 710, sec. V, adopted 6/23/06)
The annual fee for a sexually oriented business operator’s
license, whether new or renewal, is $500.00. The annual fee for a
sexually oriented business employee license, whether new or renewal,
is $50.00. These fees are to be used to pay for the cost of the administration
and enforcement of this article.
(Ordinance 710, sec. VI, adopted 6/23/06)
(a) The
city shall regularly inspect the premises of the sexually oriented
business in order to ensure compliance with the provisions of this
article. An applicant or licensee shall permit representatives of
the police department and/or fire department to inspect the premises
at any time the establishment is open for business. Such inspection
shall be limited to visual assessment of the activities conducted
in areas to which patrons have access or are allowed access; to requests
for inspection of the licenses required under this article; and to
requests for identification of those individuals who reasonably appear
to be under the age of 18.
(b) A person
who operates a sexually oriented business or his agent or employee
commits a misdemeanor if he/she refuses to promptly permit such lawful
inspection of the premises.
(Ordinance 710, sec. VII, adopted 6/23/06)
(a) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section
19-124. Application for renewal should be made at least 30 days before the expiration date. When application is made less than 30 days before the expiration date, the expiration of the license will not be affected.
(b) When the director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the non-renewal of a license, the status quo immediately prior to non-renewal shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in section
19-131.
(Ordinance 710, sec. VIII, adopted 6/23/06)
The director shall suspend a license for a period not to exceed
30 days if he determines that licensee or an employee of licensee
has:
(1) Violated
or is not in compliance with any section of this article;
(2) Operated
or performed services in a sexually oriented business while intoxicated
by the use of alcoholic beverages or controlled substances;
(3) Refused
to allow prompt inspection of the sexually oriented business premises
as authorized by this article;
(4) With
knowledge, permitted gambling by any person on the sexually oriented
business premises.
A licensee may appeal the revocation of a license to the city commission in accordance with the procedure set forth in section 19-125(I). Notwithstanding any other provisions of this section, in the event a licensee appeals the suspension of a license, the status quo immediately prior to suspension shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in section 19-131.
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(Ordinance 710, sec. IX, adopted 6/23/06)
(a) The director shall revoke a license if a cause of suspension in section
19-129 occurs and the license has been suspended within the proceeding 12 months.
(b) The
director shall revoke a license if he determines that:
(1) A licensee gave materially false or misleading information in the
material submitted during the application process;
(2) A licensee was convicted of a “specified criminal activity”
on a charge that was pending prior to the issuance of the license;
(3) A licensee has, with knowledge, permitted the possession, use, or
sale of controlled substances on the premises;
(4) A licensee has, with knowledge, permitted the sale, use, or consumption
of alcoholic beverages on the premises;
(5) A licensee has, with knowledge, permitted prostitution on the premises;
(6) A licensee has, with knowledge, operated the sexually oriented business
during a period of time when the licensee’s license was suspended;
(7) A licensee has, with knowledge, permitted any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sexual conduct to
occur in or on the licensed premises;
(8) A licensee is delinquent in payment to the city or state for any
taxes, fees, fines, or penalties relating to the sexually oriented
business or the premises thereon;
(9) A licensee has, with knowledge, permitted a person under 18 years
of age to enter or remain in the establishment; or
(10) A licensee has attempted to sell his business license, or has sold,
assigned, or transferred ownership or control of the sexually oriented
business to a non-licensee of the establishment;
(11) A licensee has, with knowledge, permitted a person or persons to
engage in specified sexual activities on the premises of the sexually
oriented business.
(c) When the director revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a license for one year from the date revocation became effective. A licensee may appeal the revocation of a license to the city commission in accordance with the procedure set forth in section
19-125(I). Notwithstanding any other provisions of this section, in the event the licensee appeals the revocation of a license, the status quo immediately prior to revocation shall be maintained throughout the pendency of the appeal, up to and including judicial review on the merits as set forth in section
19-131.
(Ordinance 710, sec. X, adopted 6/23/06)
Within 14 days of a denial of an initial or renewal application
by the director and city commission, or suspension or revocation of
a license by the director, the applicant or licensee may seek prompt
judicial review of such administrative action in any court of competent
jurisdiction. Upon notification by summons of the filing of a complaint
seeking judicial review of the city’s administrative action,
the city shall transmit the record of the administrative action to
the court no later than five business days after receipt of said summons,
and shall answer the complaint no later than ten days after receipt
of the summons. In addition, the city shall submit its response brief
within 14 days of receipt of the petitioner’s brief. The administrative
action shall then be promptly reviewed by the court.
(Ordinance 710, sec. XI, adopted 6/23/06)
(a) A licensee
shall not transfer his/her license to another, nor shall a licensee
operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application
and set forth in the operator’s license.
(b) An
operator’s license shall not be transferable from one location
to another.
(Ordinance 710, sec. XIII, adopted 6/23/06)
Sexually oriented businesses shall be permitted in any commercial
district provided that:
(1) The
sexually oriented business may not be operated within:
a. 1,500
feet of a church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities;
b. 1,500
feet of a public or private educational facility including but not
limited to child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education school,
junior colleges, and universities; school includes the school ground,
but does not include the facilities used primarily for another purpose
and only incidentally as a school;
c. 1,500
feet of a public park or recreational area which has been designated
for park or recreational activities including but not limited to a
park, playground, nature trails, swimming pool, reservoir, athletic
field, basketball or tennis courts, skating rink, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the village
which is under the control, operation, or management of the village
park and recreation authorities;
d. 1,500
feet of the property line of a lot zoned for residential use and devoted
to a residential use as defined in the zoning code; or
e. 1,500
feet of another sexually oriented business.
(2) A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business that is classified in accordance with section
19-123.
(3) For
the purpose of this article, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted, to the nearest
property line of the premises of a church, synagogue, regular place
of worship, or public or private elementary or secondary school, or
to the nearest boundary of an affected public park, residential district,
or residential lot, or licensed day care center.
(4) For purposes of subsection
(3) of this section, the distance between any two sexually oriented business uses 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.
(5) A sexually
oriented business may not be operated in the same building, structure,
or portion thereof, formerly operated as a gasoline service station
unless the associated service station site improvements, i.e., gasoline
pump islands, canopies, freestanding car washes, including all signage
relating to the sale of gasoline, have been removed from a site where
the sale of gasoline has been discontinued for a period of six months.
Underground storage tanks shall be removed or abandoned in place per
sections 3404.2.13.1.3 and 3403.2.13.1.4 of the 2000 International
Fire Code.
(Ordinance 710, sec. XIII, adopted 6/23/06)
(a) Any
business lawfully operating on the effective date of this article
that is in violation of the locational or structural configuration
requirements of this article shall be deemed a non-conforming use.
The non-conforming use will be permitted to continue for a period
not to exceed two years, unless sooner terminated for any reason or
voluntarily discontinued for a period of 30 days or more. Such non-conforming
uses shall not be increased, enlarged, extended or altered except
that the use may be changed to a conforming use. If two or more sexually
oriented businesses are within 1,500 feet of one another and otherwise
in a permissible location, the sexually oriented business that was
first established and continually operated at a particular location
is the conforming use and the later-established business(es) is non-conforming.
(b) A sexually
oriented business lawfully operating as a conforming use is not rendered
a non-conforming use by the location, subsequent to the grant or renewal
of the sexually oriented business license, of a church, synagogue,
or regular place of religious worship, public or private elementary
or secondary school, licensed day-care center, public park, or residential
district within 1,500 feet of the sexually oriented business. This
provision applies only to the renewal of a valid business license,
and does not apply when an application for a business license is submitted
after an operator’s license has expired or has been revoked.
(Ordinance 710, sec. XIV, adopted 6/23/06)
(a) Evidence
that a sleeping room in a hotel, motel, or a similar commercial enterprise
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 enterprise is an adult motel as that term is defined in this chapter.
(b) It
is unlawful if a person, as the person in control of a sleeping room
in a hotel, motel, or similar commercial enterprise that does not
have a sexually oriented business license, rents or subrents a sleeping
room to a person and, within ten hours from the time the room is rented,
he rents or subrents the same sleeping room again.
(c) For purposes of subsection
(B) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(d) Violation of subsection
(B) of this section shall constitute a misdemeanor.
(Ordinance 710, sec. XV, adopted 6/23/06)
(a) An
escort agency shall not employ any person under the age of 18 years.
(b) A person
commits an offense if the person acts as an escort or agrees to act
as an escort for any person under the age of 18 years.
(c) Violation
of this section shall constitute a misdemeanor.
(Ordinance 710, sec. XVI, adopted 6/23/06)
(a) A nude
model studio shall not employ any person under the age of 18 years.
(b) A person
under the age of 18 years commits a misdemeanor if the person appears
semi-nude or 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 the public
view or visible by any other person.
(c) A person
commits a misdemeanor if the person appears in a state of nudity,
or with knowledge, 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.
(d) A nude
model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises, except that a sofa may be placed in a reception
room open to the public.
(Ordinance 710, sec. XVII, adopted 6/23/06)
(a) It
shall be a misdemeanor for a person who, with knowledge and intent,
appears in person in a nude or semi-nude condition in a sexually oriented
business, unless the person is an employee who, while nude or semi-nude,
is at least ten feet from any patron or customer, and on a stage raised
at least two feet from the floor.
(b) It
shall be a misdemeanor for an employee, while nude or semi-nude, to
solicit any pay or gratuity from any patron or customer on the sexually
oriented business premises, or for any patron or customer to pay or
give any gratuity to any employee, while said employee is nude or
semi-nude on the sexually oriented business premises.
(c) It
shall be a misdemeanor for an employee, while nude or semi-nude, to
touch a patron or the clothing of a patron, or for a patron to touch
a nude or semi-nude employee or the clothing of a nude or semi-nude
employee, while the employee is on the sexually oriented business
premises.
(Ordinance 710, sec. XVIII, adopted 6/23/06)
(a) A person
who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing
room of less than 150 square feet of floor space, a film, video cassette,
DVD, or other video reproduction, that depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager’s stations and
the location of all overhead lighting fixtures 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 business license
will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer’s or architect’s
blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be
drawn to a designated scale or with marked dimensions sufficient to
show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six inches. The director
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since said
diagram was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the director or
his designee.
(4) It is the duty of the owners and operator of the premises to ensure
that at least one employee is on duty and situated in each manager’s
station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager’s station
of the entire 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 the entire
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.
(6) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection
(5) of this section remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks, or other object(s) shall obstruct from view of the manager’s station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection
(1) of this section.
(7) The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than five foot-candle
as measured at the floor level.
(8) It shall be the duty of the operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that
the illumination described above is maintained at all times that any
patron is present in the premises.
(9) No viewing room or booth may be occupied by more than one person
at any time.
(10) No opening of any kind shall exist between viewing rooms or booths.
(11) It shall be the duty of the operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that
no more than one person at a time occupies a viewing booths or rooms,
and to ensure that no person attempts to make an opening of any kind
between the viewing booths or rooms.
(12) The operator of the sexually oriented business shall, each business
day, inspect the walls between the viewing booths to determine if
any openings or holes exist.
(13) The operator of the sexually oriented business shall cause all floor
coverings in viewing booths to be nonporous, easily cleanable surfaces,
with no rugs or carpeting.
(14) The operator of the sexually oriented business shall cause all wall
surfaces and ceiling surfaces in viewing booths to be constructed
of, or permanently covered by, nonporous, easily cleanable material.
No wood, plywood, composition board or other porous material shall
be used within forty eight inches of the floor.
(b) A person
having a duty under subsections (1) through (14) of this section commits
a misdemeanor if he/she, with knowledge, fails to fulfill that duty.
(Ordinance 710, sec. XIX, adopted 6/23/06)
(a) It
shall be unlawful for an owner or operator of a sexually oriented
business to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
(b) It
shall be unlawful for the owner or operator of a sexually oriented
business to allow the exterior portion of the sexually oriented business
to have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by the provisions of this article.
(c) It
shall be unlawful for the owner or operator of a sexually oriented
business to allow exterior portions of the establishment to be painted
any color other than a single achromatic color. This provision shall
not apply to a sexually oriented business if the following conditions
are met:
(1) The establishment is a part of a commercial multi-unit center; and
(2) The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
(d) Nothing
in this article shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually oriented business.
(e) A violation
of any provision of this section shall constitute a misdemeanor.
(Ordinance 710, sec. XX, adopted 6/23/06)
(a) Notwithstanding
any other city ordinance, code, or regulation to the contrary, it
shall be unlawful for the operator of any sexually oriented business
or any other person to erect, construct, or maintain any sign for
the sexually oriented business other than the one primary sign and
one secondary sign, as provided herein.
(b) Primary
signs shall have no more than two display surfaces. Each such display
surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed 75 square feet in area; and
(4) Not exceed ten feet in height or ten feet in length.
(c) Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner, and may contain only the name of the
enterprise.
(d) Each
letter forming a word on a primary sign shall be of solid color, and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
(e) Secondary
signs shall have only one display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed 20 square feet in area;
(3) Not exceed five feet in height and four feet in width; and
(4) Be affixed or attached to any wall or door of the enterprise.
(f) The provisions of item (1) of subsection
(b) and subsection
(c) and
(d) shall also apply to secondary signs.
(g) Violation
of any provision of this section shall constitute a misdemeanor.
(Ordinance 710, sec. XXI, adopted 6/23/06)
(a) It
shall be unlawful to allow a person who is younger than 18 years of
age to enter or be on the premises of a sexually oriented business
at any time the sexually oriented business is open for business.
(b) It
shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
business’s regular business hours. It shall be the duty of the
attendant to prohibit any person under the age of 18 years from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of 18 unless such attendant asked
for and was furnished:
(1) A valid operator’s, commercial operator’s, or chauffeur’s
driver’s license; or
(2) A valid personal identification certificate issued by the State of
Texas reflecting that such person is 18 years of age or older.
(c) Violation
of this section shall constitute a misdemeanor.
(Ordinance 710, sec. XXIII, adopted 6/23/06)
It shall be unlawful for any sexually oriented business, regardless
of whether in a public or private facility, to operate as a massage
salon, massage parlor or any similar type business where any physical
contact with the recipient of such services is provided by a person
of the opposite sex. Violation of this section shall constitute a
misdemeanor.
(Ordinance 710, sec. XXIV, adopted 6/23/06)
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 10:00 p.m. and 11:00
a.m. on weekdays and Saturdays. No sexually oriented business shall
open for business or remain open for business on Sunday or any legal
holiday recognized by the State of Texas.
(Ordinance 710, sec. XXV, adopted 6/23/06)
(a) It
is a defense to prosecution under this article that a person appearing
in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the State of Texas, a college,
junior college, or university supported entirely or partly by taxation;
(2) By a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
(b) Notwithstanding
any other provision in this article, movies rated G, PG, PG-13, or
R, by the Motion Picture Association of America (MPAA), or live theatrical
performances with serious artistic, social, or political value, that
depict or describe specified anatomical areas or specified sexual
activities, are expressly exempted from regulation under this article.
(Ordinance 710, sec. XXVI, adopted 6/23/06)
(a) Any
notice required or permitted to be given by the director or any other
city office, division, department or other agency under this article
to any applicant, operator or owner of a sexually oriented business
may be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license,
or any notice of address change that has been received by the director.
Notices mailed as above shall be deemed given upon their deposit in
the United States mail. In the event that any notice given by mail
is returned by the postal service, the director or his designee shall
cause it to be posted at the principal entrance to the establishment.
(b) Any
notice required or permitted to be given to the director by any person
under this article shall not be deemed given until and unless it is
received in the office of the director.
(c) It
shall be the duty of each owner who is designated on the license application
and each operator to furnish notice to the director in writing of
any change of residence or mailing address.
(Ordinance 710, sec. XXVII, adopted 6/23/06)
A person who operates or causes to be operated a sexually oriented business without a valid operator’s license, or in violation of section
19-133 of this article, is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.
(Ordinance 710, sec. XXVIII, adopted 6/23/06)
If any section, subsection, or clause of this article shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining sections, subsections, and clauses shall not be affected
thereby.
(Ordinance 710, sec. XXIX, adopted 6/23/06)
All ordinances or parts of ordinances in conflict with the provisions
of this article are hereby repealed.
(Ordinance 710, sec. XXX, adopted 6/23/06)
This article shall be enforced 07/02/06 and after.
(Ordinance 710, sec. XXXI, adopted 6/23/06)