It is the purpose of this article to regulate sexually oriented
businesses to promote the health, safety, morals and general welfare
of the citizens of the City, and to establish reasonable and uniform
regulations to prevent the continued 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.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 4448, sec. 1, adopted 9/18/90; Ordinance 5799, sec. 1, adopted 1/20/04)
Unless otherwise expressly stated, the following terms shall,
for the purposes of this article, have the meanings indicated in this
section:
Any commercial establishment to which the public is permitted
or invited where, by deposit of money, coin, tokens, or credit an
electronically, electrically or mechanically controlled still or motion
picture machine, projector or other image-producing device shows images
to five (5) 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.”
A commercial establishment to which the public is permitted
or invited which, as its principal business purpose, offers for sale
or rental for any form of consideration any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia designed for use in connection
with specified sexual activities (but not including items used for
birth control or for the prevention of sexually transmitted diseases).
A nightclub, bar, restaurant or similar commercial establishment
that regularly has:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides, or other photographic
reproductions, closed-circuit television transmissions, cable television
transmissions, satellite television transmissions, subscriber programming,
any disk, diskette, or other physical medium that allows an image
to be displayed on a computer or other video screen and any image
transmitted to a computer or other video screen by telephone line,
cable, satellite transmission or other method, which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration;
provides customers with closed-circuit television transmissions, cable
television transmissions, satellite television transmissions, subscriber
programming, any disk, diskette, or other physical medium that allows
an image to be displayed on a computer or other video screen and any
image transmitted to a computer or other video screen by telephone
line, cable, satellite transmission or other method, 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 a public right-of-way that advertises the availability of this
type of material;
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten (10) hours.
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Evidence that a sleeping room in a hotel, motel or similar commercial
establishment has been rented and vacated two (2) or more times in
a period of time that is less than ten (10) hours creates a rebuttable
presumption that the business is an adult motel.
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A commercial establishment to which the public is permitted
or invited where, for any form of consideration, films, motion pictures,
video cassettes, slides or similar photographic reproductions, any
disk, diskette, or other physical medium that allows an image to be
displayed on a computer or other video screen and any image transmitted
to a computer or other video screen by telephone line, cable, satellite
transmission or other method, are regularly shown which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas.
A theater, concert hall, auditorium or similar commercial
establishment to which the public is permitted or invited that regularly
features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas
or by specified sexual activities.
A person or persons listed as such on an application for
a permit as a sexually oriented business.
The Building Official and such employees of the Building
Inspection Department as the Building Official may designate to perform
the duties of the Building Official under this article.
A finding of guilty by a court of record, regardless of whether
an appeal is pending.
Any person who does any one or more of the following shall
be deemed to be conducting business in a sexually oriented business:
Operates a cash register, cash drawer or other depository on
the premises of the sexually oriented business where cash funds or
records of credit card or other credit transactions generated in any
manner by the operation of the sexually oriented business or the activities
of the premises of the sexually oriented business;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services offered on the premises of
the sexually oriented business;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services offered on the premises of the sexually
oriented business;
Acts as a door attendant to regulate entry of customers or other
persons into the premises of the sexually oriented business; or
Supervises or manages other persons in the performance of any
of the foregoing activities on the premises of the sexually oriented
business.
Any person who:
Is allowed to enter a sexually oriented business or any portion
of a sexually oriented business in return for the payment of an admission
fee, membership fee or any other form of consideration or gratuity;
Enters a sexually oriented business or any portion of a sexually
oriented business and purchases, rents or otherwise uses or partakes
of any merchandise, goods, entertainment or other services offered
therein; or
Is a member of and on the premises of a sexually oriented business
operating as a private or membership club or a sexually oriented business
that reserves any portion of the premises of the sexually oriented
business as a private or membership club.
Any person who renders any service whatsoever to the customers
of a sexually oriented business, works in or about a sexually oriented
business or who conducts any business in a sexually oriented business
and who receives or has the expectation of receiving any compensation
from the operator, or customers of the sexually oriented business.
By way of example, rather than limitation, the term includes the operator
and other management personnel, clerks, dancers, models and other
entertainers, food and beverage preparation and service personnel,
door persons, bouncers, and cashiers. It is expressly intended that
this definition cover not only conventional employer-employee relationships
but also independent contractor relationships, agency relationships,
and any other scheme or system whereby the “employee”
has an expectation of receiving compensation, tips, or other benefits
from the sexually oriented business or its customers in exchange for
services performed.
Any employee of a sexually oriented business who performs
or engages in entertainment.
Any act or performance, such as a play, skit, reading, revue,
fashion show, modeling performance, pantomime, role playing, encounter
session, scene, song, dance, musical rendition or striptease that
involves the display or exposure of specified sexual activities or
specified anatomical areas. The term “entertainment” shall
include any employee or entertainer exposing any specified anatomical
areas or engaging in any specified sexual activities whatever in the
presence of customers.
A person who, for consideration, agrees or offers to act
as a companion or date for another person, or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as its principal
business purpose, for a fee, tip or other consideration.
A facility licensed by the state, whether situated within
the City or not, that provides care, training, education, custody
treatment or supervision for more than six (6) children under fourteen
(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
twenty-four (24) hours a day, regardless of whether or not the facility
is operated for a profit or charges for the services it offers.
Any person who supervises, directs or manages any employee
of a sexually oriented business or any other person who conducts any
business in a sexually oriented business with respect to any activity
conducted on the premises of the sexually oriented business, including
any “on-site manager.”
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided or allowed to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration.
Nude model business shall not include those activities excepted from
the definition of sexually oriented business.
A person charged by an owner or operator of a sexually oriented
business with the responsibility for direct supervision of the operation
of the sexually oriented business and with monitoring and observing
all areas of the sexually oriented business to which customers are
admitted at all times during which the sexually oriented business
is open for business or customers are on the premises of the sexually
oriented business.
The manager or other natural person principally in charge
of a sexually oriented business.
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,
permittee or manager of the establishment.
The proprietor if a sole proprietorship, all general partners
if a partnership, or the corporation if a corporation.
A current, valid permit issued by the Building Official pursuant
to the terms of this article.
A building, whether situated within the City or not, in which
persons regularly assemble for religious worship and which building
is intended primarily for purposes connected with worship or for propagating
a particular form of religious belief.
The grounds and all building, vehicles, and appurtenances
pertaining to the grounds, including any adjacent premises if they
are directly or indirectly under the control of the same person.
Featuring, promoting, permitting to occur or advertising
a happening or occurrence on a recurring basis.
A residentially zoned district as defined in the zoning ordinance.
A single-family, townhouse, duplex, mobile home or multiple
family use as defined in the zoning ordinance.
A building, whether situated within the City or not, where
persons regularly assemble for the purpose of instruction or education
together with the playgrounds, stadia and other structures or grounds
used in conjunction therewith. The term is limited to:
Public and private schools used for primary or secondary education,
in which any regular kindergarten or grades one through twelve classes
are taught; and
Charter schools and special educational facilities in which
students receive specialized education in lieu of attending regular
classes in kindergarten or any of grades one through twelve.
Any display, design, pictorial, or other representation,
which shall be so constructed, placed, attached, painted, erected,
fastened or manufactured in any manner whatsoever so that the same
is visible from the outside of a sexually oriented business and that
is used to seek the attraction of the public to any goods, services
or merchandise available at the sexually oriented business. The term
“sign” shall also include representations painted on or
otherwise affixed to any exterior portion of a sexually oriented business
as well as representations painted on or otherwise affixed to any
part of the premises upon which the sexually oriented business is
situated.
Any portion of the interior of a sexually oriented business
separated from any other portion of a sexually oriented business by
any wall, partition or other divider.
A commercial establishment to which the public is permitted
or invited, which as its principal business purpose, offers for any
form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult theater, adult motion picture theater,
escort agency, nude model business or sexual encounter center; or
Any establishment the principal business of which is the offering
of a service or the selling, renting or exhibiting of devices or any
other items intended to provide sexual stimulation or sexual gratification
to its customers, and which is distinguished by or characterized by
an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas; or whose employees
or customers appear in a state of nudity.
The term “sexually oriented business” shall not
be construed to include:
Any business operated by or employing a licensed psychologist,
licensed physical therapist, licensed masseuse, licensed vocational
nurse, registered nurse, licensed athletic trainer, licensed cosmetologist,
or licensed barber engaged in performing functions authorized under
the license held;
Any business operated by or employing a licensed physician or
licensed chiropractor engaged in practicing the healing arts;
Any retail establishment whose principal business is the offering
of wearing apparel for sale to customers and does not exhibit merchandise
on live models; or
An activity conducted or sponsored:
By a proprietary school licensed by the state or a college,
junior college or university supported entirely or partly by taxation;
or
By a private college or university that maintains or operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
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And in a structure:
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Which has no sign or other advertising visible from the exterior
of the structure indicating a nude person is available for viewing;
Where in order to participate in a class, a student must enroll
at least three (3) days in advance of the class; and
Where no more than one (1) nude model is on the premises at
any one time.
Human genitals in a discernible state of sexual stimulation
or arousal;
Acts of human masturbation, sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals, pubic region
or pubic hair, buttock or female breast or breasts; or
Any combination of the foregoing.
The comprehensive zoning ordinance, Ordinance 4647, as amended,
of the City.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 4448, sec. 1, adopted 9/18/90; Ordinance 5799, sec. 1, adopted 1/20/04)
(A)
Notwithstanding
any other provision of this article or elsewhere in this Code, a sexually
oriented business may be operated only in a zoning district in which
the use is allowed as provided by the zoning ordinance.
(B)
A person
commits an offense if the person establishes, operates or causes to
be operated or expanded a sexually oriented business within 1,000
feet of:
(1)
A
place of worship;
(2)
A
school;
(3)
A
boundary of a residential district;
(4)
A
licensed day-care center;
(5)
A
public park; or
(6)
The
property line of a lot devoted to a residential use as defined in
this article.
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However, if there is a controlled access highway between the
district boundary/property line and the sexually oriented business,
the sexually oriented business must be at least five hundred (500)
feet from such district boundary/property line.
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(C)
A person
commits an offense if the person establishes, operates or causes to
be operated or expanded a sexually oriented business within 1,000
feet of any other sexually oriented business.
(D)
A person
commits an offense if the person establishes, operates or causes to
be operated or expanded a sexually oriented business in any building,
structure or portion thereof containing another sexually oriented
business.
(E)
For the purposes of subsection (B) of this section, measurement shall be made in a straight line, without regard to intervening buildings, structures or objects, from the nearest portion of the building or structure in which a sexually oriented business, or any portion thereof, is located to the nearest property line of the premises of a place of worship, school, licensed day-care center, or to the nearest boundary of an affected public park, residential district or residential lot.
(F)
For the purposes of subsection (C) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening buildings, structures or objects, from the closest exterior wall of the building or structure in which each business is located. If the sexually oriented business is located within a building or structure with multiple spaces available for occupancy, the measurement will be from the wall of the tenant space occupied by the sexually oriented business.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04; Ordinance 5821, sec. 4, adopted 5/4/04; Ordinance 5965, secs. 1, 2, adopted 1/10/06)
(A)
Permits.
(1)
A
person commits an offense if the person operates or causes to be operated
a sexually oriented business without a valid permit issued by the
City under this article for the particular type of business.
(2)
A
person commits an offense if the person operates or causes to be operated
a sexually oriented business unless the permit is posted at or near
the principal public entrance to the sexually oriented business in
such a manner that it will be conspicuous to customers who enter the
premises.
(3)
In
any prosecution under subsection (A)(1), above, it shall be presumed
that there was no permit at the time of the alleged offense, unless
a permit was then posted as provided in subsection (A)(2), above.
(B)
Applications.
(1)
Applications
for a permit, whether original or renewal, must be made to the Building
Official by the intended operator of the sexually oriented business.
Applications must be submitted by hand delivery by the applicant to
the office of the Building Inspection Department during regular working
hours (8:00 a.m. to 4:00 p.m., Monday through Friday, City holidays
excepted). Application forms shall be provided by the Building Official.
The applicant shall submit the original of the completed application
form to the Building Official; a copy shall not be acceptable. The
application shall require, and the applicant shall provide, the following
information:
(a)
The full name of the intended operator, the operator’s residence
street address and mailing address (if different), and the operator’s
driver’s license or state department of public safety personal
identification number.
(b)
The name under which the sexually oriented business is to be operated
and a general description of the services to be provided.
(c)
The telephone number of the sexually oriented business.
(d)
The address, and legal description of the tract of land on which
the sexually oriented business is to be located.
(e)
If the sexually oriented business is in operation, the date on which
the owner(s) acquired the sexually oriented business for which the
permit is sought, and the date on which the sexually oriented business
began operations as a sexually oriented business at the location for
which the permit is sought.
(f)
If the sexually oriented business is not in operation, the expected
startup date (which shall be expressed in number of days from the
date of issuance of the permit). If the expected startup date is to
be more than ten days following the date of issuance of the permit,
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.
(g)
The names, residence street addresses, and mailing addresses (if
different) of the owners of the sexually oriented business and the
type of business entity (proprietorship, partnership or corporation).
If the owner is a natural person, the applicant shall provide the
full name of the owner, the owner’s residence street address
and mailing address (if different), and the owner’s operator’s
driver’s license or state department of public safety personal
identification number.
(h)
The name, mailing address and telephone number of a person who will
act as the applicant’s liaison with the Building Official for
purposes of the permit inspection(s) required under this article.
Such person must be available to come to the sexually oriented business
upon one hour’s notice given between the hours of 8:00 a.m.
and 4:00 p.m., on Monday through Friday (holidays excepted), upon
request by the Building Official to the telephone number designated
during the time that the permit application is pending hereunder and
must be authorized to act for the applicant in matters relating to
the inspection of the premises during the time that the permit application
is pending hereunder.
(2)
The
application shall be accompanied by the following:
(b)
A certified copy of the assumed name certificate filed in compliance
with the Assumed Business or Professional Name Act (Texas Business
and Commerce Code, chapter 36) if the sexually oriented business is
to be operated under an assumed name;
(c)
If the sexually oriented business is a Texas corporation, a certified
copy of the articles of incorporation, together with all amendments
thereto;
(d)
If the sexually oriented business is a foreign corporation, a certified
copy of the certificate of authority to transact business in this
state, together with all amendments thereto;
(e)
If the sexually oriented business is a limited partnership formed
under the laws of the state, a certified copy of the certificate of
limited partnership, together with all amendments thereto, filed in
the office of the secretary of state under the Texas Business Organizations
Code;
(f)
If the sexually oriented business is a foreign limited partnership,
a certified copy of the certificate of limited partnership and the
qualification documents, together with all amendments thereto, filed
in the office of the secretary of state under the Texas Business Organizations
Code;
(g)
Proof of the current fee ownership of the tract of land on which
the sexually oriented business is to be situated in the form of a
copy of the recorded deed;
(h)
If the persons identified as the fee owner(s) of the tract of land in subsection (g) above are not also the owners 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 or intended operator 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 for the purpose of the operation of the sexually oriented business;
(3)
The
application shall contain a statement under oath that:
(a)
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
(b)
On behalf of the owner, the applicant has read, and the owner has
actual notice of, the provisions of this article.
(4)
The
application shall be sworn to be true and correct by the applicant
as witnessed by a duly authorized notary public.
(5)
A
separate application and permit shall be required for each sexually
oriented business.
(6)
Each
applicant shall, within three (3) days following the filing of the
application and payment of the filing fee, place signs that provide
notification and information specifically stating “SEXUALLY
ORIENTED BUSINESS PERMIT APPLICATION PENDING” and the date on
which the application was filed along with the notation: “For
further information, contact the Building Official of the City of
Garland, Texas.” Immediately upon posting the signs, the applicant
shall notify the Building Official that the signs have been posted.
The signs shall measure at least 24 inches by 36 inches in size and
shall be printed on metal or other rigid, weather-resistant material.
All lettering on the signs must be clearly legible and at least one
and one-half inches by two inches in size for each letter on the sign.
The applicant shall place at least one such sign along each of the
public street frontages abutting the premises of the sexually oriented
business so as to be clearly visible from the public streets. If a
premises does not have a public street frontage, then signs shall
be placed on the premises at a point visible from the nearest public
right-of-way. The signs shall be checked daily by the applicant and
reposted as required to ensure the signs remain posted until the application
has been approved or denied.
(7)
Every
applicant shall give notice of the application by publication at the
applicant’s own expense in two consecutive issues of a newspaper
published in Dallas County, Texas with a daily circulation of not
less than 100,000 copies. The notice shall be printed in 10-point
boldface type and shall include:
(a)
The fact that a sexually oriented business permit has been applied
for;
(b)
The street address, including suite or unit number, if any, of the
place of business for which the permit is sought;
(c)
The names of the business and, if the business is operated under
an assumed name, the trade name; and
(d)
If the applicant is a corporation, the names and titles of all officers.
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The notices shall be published within seven days after the application
is filed with the Building Official. The applicant shall provide to
the Building Official a legible copy of the publisher’s affidavit
or similar proof of publication within twenty days of the date the
application is filed.
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(C)
Term;
renewal.
Each permit shall be valid for a period of one
year and shall expire on the anniversary of its date of issuance,
unless sooner revoked, or surrendered. Each permit shall be subject
to renewal as of its expiration date by the filing of a renewal application
with the Building Official. Renewal applications must be filed at
least 20 days prior to the expiration date of the permit that is to
be renewed.
(D)
Issuance
or denial.
(1)
Within
30 days of receipt of any application, either original or renewal,
the Building Official shall grant or deny the requested permit and
give written notice to the applicant as to the decision, unless such
time period is extended at the request of the applicant as provided
in subsection (2)(e), below.
(2)
The
director shall issue a permit to the applicant unless one or more
of the following conditions exist:
(a)
The applicant’s sexually oriented business is located within 1,000 feet of any place of worship, school, boundary of a residential district, licensed day-care center, public park or the property line of a lot devoted to a residential use, as measured in accordance with section 26.92(E);
(b)
The applicant’s sexually oriented business is located within 1,000 feet of any other sexually oriented business for which there is a permit issued under this article, as measured in accordance with section 26.92(F);
(c)
The applicant failed to supply all of the information requested on
the application;
(d)
The applicant gave materially false, fraudulent or untruthful information
on the application;
(e)
The applicant’s sexually oriented business is not in compliance with section 26.96 (relating to exteriors) or section 26.97 (relating to signs) of this article. The Building Official may allow any noncompliance with section 26.96 or section 26.97 to be cured during the Building Official’s review period established in subsection (5), below, provided that noncompliance must be cured before the notice of decision on the permit is issued;
(f)
The application or the sexually oriented business does not meet any
other requirement of this article or would violate the zoning ordinance;
(g)
The applicant, an owner of the sexually oriented business, or the
proposed operator has had a permit denied or revoked for the same
sexually oriented business within the 180-day period next preceding
the later of the date that the application was filed or a final decision
on the denial or revocation was rendered;
(h)
The applicant has not demonstrated that the owner of the sexually
oriented business owns or holds a lease for the property or the applicable
portion thereof upon which the sexually oriented business will be
situated or has a legally enforceable right to acquire the same;
(i)
An applicant or an applicant’s spouse has been convicted or
placed on deferred adjudication, probation, or community supervision
for:
(i)
Any offense under the laws of the United States of America, another
state or the Uniform Code of Military Justice for an offense described
in this subsection below; or
(ii)
Any of the following offenses of the state or criminal attempt,
conspiracy, or solicitation to commit same;
(iii)
Any of the following offenses as described in chapter 43 of
the Texas Penal Code:
(v)
For which:
a.
Less than two (2) years have elapsed since the date of conviction,
or the date of release from the terms of community supervision, probation,
parole or deferred adjudication or the date of release from confinement
imposed for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense; or
b.
Less than five (5) years have elapsed since the date of conviction,
or the date of release from the terms of community supervision, probation,
parole or deferred adjudication or the date of release from confinement
for the conviction, whichever is the later date, if the conviction
is of a felony offense; or
c.
Less than five (5) years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two (2) or
more misdemeanor offenses or combination of misdemeanor offenses occurring
within any twenty-four-month period;
(j)
The applicant or the applicant’s spouse is required to register
as a sex offender under the provisions of chapter 62 of the Texas
Code of Criminal Procedure;
(k)
An applicant or an applicant’s spouse is overdue in payment
to the City of taxes, fees, fines or penalties assessed against or
imposed upon the applicant or the applicant’s spouse in relation
to a sexually oriented business; or
(l)
An applicant is under eighteen (18) years of age.
(3)
Property
uses and distances for original applications shall be determined as
of the time that the application is filed. If a renewal application
is timely filed as provided in subsection (C), the property uses and
measurements for the renewal application shall be determined as of
the time that the original application for the sexually oriented business
was filed. If not timely filed, renewal applications shall be subject
to the same fees and shall be treated in the same manner in all respects
as original applications.
(4)
An
applicant, or applicant’s spouse, who has been convicted of
or placed on deferred adjudication, probation or community supervision
for an offense listed in subsection (D)(2)(i) may qualify for permit
only when the time period required by subsection (2)(i)(v) has elapsed.
(5)
In the event that the Building Official determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within 30 days of the receipt of its application by the Building Official, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten days at any time before the notice is issued in order to make modifications necessary to comply with section 26.96 or 26.97. An applicant may appeal the decision of the Building Official regarding such denial by filing a written request for a hearing with the Building Official within 30 days after the applicant is given notice of such denial. The Building Official’s decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the Building Official’s decision on the issuance of a permit. The applicant’s written request for a hearing shall set out the grounds on which the denial is challenged. The hearing shall be conducted in accordance with the procedures contained in subsection (F)(3).
(6)
Failure
of the Building Official to give timely notice of his action on an
application, or failure of the hearing official to timely conduct
or give notice of his decision on an appeal from the Building Official’s
decision shall entitle the applicant to the issuance of a temporary
permit upon written demand therefor filed by the applicant with the
Building Official unless the delay resulted from a written request
for a delay or deferral by the applicant. A temporary permit shall
only be valid until the third day after the Building Official gives
notice of his action on the application or the hearing official gives
notice of his decision on the appeal, as applicable.
(7)
In
any instance in which the applicant’s sexually oriented business
is to be situated within 1,000 feet, as measured hereunder, from another
proposed sexually oriented business for which a previously filed permit
application has been denied, and the previously filed application
is still subject to appeals, the Building Official may grant the permit
on a conditional basis, subject to the outcome of the appeals on the
previous application. A permit so issued may be withdrawn and denied
effective upon the third day after notice thereof is given to the
operator following the resolution of the appeals on the prior permit.
In case of denial the applicant shall have the same rights of appeal
hereunder as if the permit had been denied in the first instance.
(8)
The
provisions of subsection (2)(b) shall not be construed to prohibit
a sexually oriented business for which there is a permit from relocating
to another location situated within 1,000 feet of its existing location,
provided that the proposed location complies with all applicable requirements
of this article other than its proximity to its own existing sexually
oriented business location. An original permit application shall be
required to be filed for the proposed relocation, and the Building
Official shall conditionally grant the application, if granted, on
the stipulation that the permit will not actually be issued until
the applicant discontinues operation at its existing location and
surrenders the permit for its existing location. Any such relocation
must be completed within 180 days from the date that the permit is
conditionally granted or the conditional grant of the application
will become void. Pending the removal of the sexually oriented business
to its new location, both the old and new locations shall be deemed
to be operating under a permit for purpose of measurements to locations
of other proposed sexually oriented businesses for which applications
may be filed.
(E)
Permit
transfers.
(1)
A permit is personal to the owner(s) and the operator designated in the application holds the permit on the owner(s)’ behalf as the owner(s)’ agent, provided it may be transferred pursuant to this section. A transfer application must be filed by the tenth day next following any change of the owner(s) or operator designated on the application. In the event that a transfer application is not timely filed, then the permit shall be invalid for any purpose relating to the operation of the sexually oriented business, and any transfer shall require the filing of an original permit application and shall be subject to the regulations applicable thereto. For purposes of measurements between sexually oriented businesses under section 26.92(C), an establishment for which the permit has become invalid by operation of this section shall be treated as though it had a permit until the permit is revoked.
(2)
The Building Official shall prescribe a form on which permit transfer applications shall be made. The form shall include a statement under oath that the original application remains correct as previously submitted in all respects except those that are amended hereby. The transfer application shall contain a statement under oath that the individual signing the transfer application has personal knowledge of the information contained therein and that the information is true and correct and shall not be complete unless accompanied by a nonrefundable transfer fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. Transfer applications shall be filed in the same place, time, and manner as original applications and the fee shall be payable in the same manner as for original applications.
(3)
Transfers
shall be reviewed, issued, and subject to appeal in the same manner
as original applications, and they shall be issued for the remaining
term of the permit to be transferred.
(4)
No
change in ownership of a sexually oriented business or transfer of
a permit for a sexually oriented business shall be allowed during
the pendency of any administrative proceeding under subsection (F),
from the time that any request for revocation or suspension has been
filed with the hearing official until the hearing official’s
order is final. Any such transfer or attempted transfer shall confer
no rights whatever in the permit for the sexually oriented business
to the putative transferee.
(F)
Suspension
or revocation of permits.
(1)
The
City Attorney shall have the authority to request the revocation of
a permit for any one or more of the following reasons:
(a)
The owner or operator of the permitted sexually oriented business
knowingly allowed a person under 18 years of age to enter a sexually
oriented business;
(c)
Three or more cumulative violations of any of the offenses contained in chapter 21, chapter 43, section 22.011, or section 22.021 of the Texas Penal Code or of the offenses contained in this article have occurred on the premises of the permitted sexually oriented business. These violations must have occurred in a consecutive period of 12 months, and the owner, operator or any manager:
(d)
An owner, operator or manager has knowingly allowed possession, use
or sale of controlled substances on the premises;
(e)
An owner, operator or manager has on three (3) or more occasions knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact (as that term is defined in section 21.01, Texas Penal Code) to occur in or on the premises, other than within a private sleeping room on the premises of an adult motel;
(f)
The owner or operator is delinquent in payment to the City for hotel
occupancy taxes, ad valorem taxes or sales taxes related to the sexually
oriented business;
(g)
The owner or operator is required to register as a sex offender under
the provisions of chapter 62 of the Texas Code of Criminal Procedure;
(h)
The operator of the permitted sexually oriented business gave materially
false, fraudulent or untruthful information on the original, renewal
or transfer application form;
(i)
The sexually oriented business has not been open for business for
a period of 30 consecutive days, unless due to circumstances beyond
the control of the owner, and the owner is proceeding with due diligence,
given all attendant circumstances, to open or reopen the establishment;
(j)
That there was a change of owner or operator for which a transfer application was not timely filed pursuant to subsection (E); or
(k)
That the permit was erroneously issued in contravention of the criteria
of this article.
(2)
The
City Attorney shall have sole authority to initiate any action for
revocation of a permit; provided, that the Building Official may request
that the City Attorney give priority to any such action based upon
the number or nature of violations involving a particular sexually
oriented business or sexually oriented businesses.
(3)
Prior
to the revocation of a permit, the City Attorney, with the assistance
of the Building Official, shall investigate the grounds alleged to
determine whether probable cause for revocation may exist and, if
so, shall notify the owner(s) and operator in writing of reasons for
the proposed revocation and grant such owner(s) and operator the opportunity
to appear before the Unified Building Standards Commission, at a time
and place specified within such notice. No voting member of the Unified
Building Standards Commission shall have participated in any investigation
of the alleged grounds for the revocation. The hearing shall be held
not less than 20 days after the notice is given. Hearings shall be
conducted under rules issued by the Building Official. Such rules
shall be consistent with the nature of the proceedings and shall ensure
that each party may present evidence, cross-examine witnesses and
be represented by legal counsel. If, after the hearing, the Unified
Building Standards Commission finds that the permit should be revoked,
it shall issue a written order revoking such permit. If the Unified
Building Standards Commission determines, based upon the nature of
the violation, that the ends of justice would be served by a suspension
in lieu of a revocation, the board may suspend the operation of the
permit for a period of time to be stated in the order of suspension,
not to exceed two months.
(4)
Upon
receipt of written notice of the denial, suspension or revocation,
the applicant whose application for a permit has been denied or whose
permit has been suspended or revoked shall have the right to appeal
by filing suit in the appropriate court within thirty (30) days after
the receipt of notice of the decision of the hearing official.
(5)
A
sexually oriented business shall be treated as having a permit for
purposes of measurements under subsection (D) pending the final disposition
of any court action involving judicial review of a permit revocation
or suspension.
(6)
Each
day in which a violation is permitted to continue shall constitute
a separate violation for purposes of suspension.
(G)
Other
permit provisions.
(1)
A
permit is valid only at the location for which it is issued.
(2)
It
shall be unlawful for any person to counterfeit, forge, change, deface,
or alter a permit.
(3)
A
permit may be canceled upon written request of the owner(s) or operator
and surrender of the permit itself to the Building Official. The surrender
of a permit shall be effective immediately upon its filing in the
office of Building Official.
(4)
Applications
and other notices required or permitted to be given to the Building
Official under this article must be submitted by hand delivery by
the intended operator to the office of the Building Official during
regular working hours 8:00 a.m. to 4:00 p.m., Monday through Friday
(City holidays excepted).
(5)
The
fees prescribed in this article shall only be payable by certified
check, cashier’s check or money order. If payment thereon is
not honored, the Building Official may suspend the permit, if issued,
until payment is made by written notice to the operator.
(6)
Possession
by the owner or operator of other state or City permits does not exempt
that person from the requirement of obtaining a permit for a sexually
oriented business.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04; Ordinance 5965, secs. 3–7, adopted 1/10/06; Ordinance 6952, sec. 3, adopted 1/16/18; Ordinance
7363 adopted 9/6/2022)
(A)
Prohibited
contact, proximity, and certain displays of nudity.
It
shall be unlawful:
(1)
For
any entertainer to touch a customer or the clothing of a customer
while engaging in entertainment or while exposing any specified anatomical
areas or engaging in any specified sexual activities;
(2)
For
any entertainer to approach closer than three feet to any customer
while engaging in entertainment or while exposing any specified anatomical
areas or engaging in any specified sexual activities;
(3)
For
any employee to engage in entertainment or to expose any specified
anatomical areas or engage in any specified sexual activities in the
presence of a customer in any separate area within a sexually oriented
business to which entry or access is blocked or obscured by any door,
curtain or other barrier separating entry to such area from any other
area of the sexually oriented business; or
(4)
For
an owner, operator or manager to knowingly allow an employee to appear
in a state of nudity in an area of a sexually oriented business premises
that can be viewed from a public street.
(B)
Age
restrictions.
(1)
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 that the sexually oriented business is open for business.
(2)
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 not allow any person under the age of 18 years to enter
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:
(C)
Hours
of operation.
No sexually oriented business, other than
an adult motel, may operate or remain open between the hours of 2:00
a.m. and 8:00 a.m. on weekdays and Saturdays, and 2:00 a.m. and noon
(12:00 p.m.) on Sundays.
(D)
Opaque
coverings.
The owner or operator of an adult book store
or adult video store shall place any item of merchandise purchased
or rented by a customer into an opaque bag or other opaque covering
before the customer removes the merchandise from the premises.
(E)
Permits
for managers, employees, and entertainers.
(1)
It
shall be unlawful for any person who does not hold a valid permit
to act as an entertainer or employee in or as a manager of a sexually
oriented business.
(2)
It
shall be the duty of the operator and owners of a sexually oriented
business to ensure that no person acts as an entertainer or employee
in or as manager of a sexually oriented business owned or operated
by such owner or operator unless the entertainer, employee or manager
holds a valid permit.
(3)
A
person who desires to obtain an original or renewal permit under the
provisions of this subsection shall make application in person at
the offices of the City Attorney between the hours of 8:00 a.m. and
12:00 p.m., Monday, Wednesday or Friday, City-observed holidays excepted.
The application shall be made under oath upon a form provided by the
City Attorney and shall include:
(a)
The name, home street address, and mailing address (if different)
of the applicant;
(b)
Proof of the date of birth of the applicant and the identity of the
applicant, including at least one photographic identity card issued
by a governmental agency within the United States;
(c)
A list of any criminal charges for which the applicant is currently under indictment, for which an information or complaint has been filed, or for which the applicant has been convicted, placed on deferred adjudication, probation or community supervision, for any applicable offense as specified in section 26.93(D)(2)(i) of this Code; and
(d)
Two passport-type photographs of the applicant of a size specified
by the director, which shall become part of the photographic identity
cards if a permit is issued.
(4)
Each application shall be accompanied by a nonrefundable processing fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10. The applicant shall provide fingerprints to be used to verify the applicant’s identity and criminal history information. Each applicant shall sign a waiver and authorization form authorizing the Police Department to request on behalf of the applicant criminal history reports from the state department of public safety and any appropriate federal agency.
(5)
The City Attorney shall issue the permit within ten days from the date of filing of the application unless the City Attorney determines that the applicant has been convicted, placed on deferred adjudication, probation or community supervision for any applicable offense as specified in section 26.93(D)(2)(i) of this Code and within the time specified therein. No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that he or she is at least 18 years old. Any permit issued by virtue of any misrepresentation or error to any person under age 18 shall be void. If the application is not granted or is refused, then the applicant shall be mailed notice of the grounds for denial or refusal, of the applicant’s right to contest the denial or refusal, and of the manner and time within which a denial or refusal may be contested.
(6)
An applicant whose application is denied, refused or revoked may request a hearing on the denial, refusal or revocation by giving written notice of the request for a hearing to the City Attorney within ten days following the issuance of the notice of denial, refusal or revocation by the City Attorney. The hearing shall be held within ten days following the receipt of the request. The hearing shall be conducted before a hearing officer appointed under the provisions of section 24.25 of this Code, and shall be conducted in accordance with the provisions of section 24.26 of this Code to the extent applicable to a hearing of this nature. The hearing officer shall issue a ruling immediately upon the completion of the hearing unless the parties to the proceeding agree otherwise. If the hearing officer rules against the applicant, then the applicant shall be given notice of the right to seek an injunction or judicial review of the decision as provided in section 26.93(F)(4) of this Code.
(7)
In
the event that the City Attorney fails to issue, deny or refuse a
permit application within the time specified, or the hearing officer
fails to issue a ruling after a hearing as provided in this section,
the applicant shall, upon written request, unless the applicant has
been found to be underage, be immediately issued a temporary permit
which shall be valid until the third day after the applicant is given
notice of the decision of the City Attorney or the hearing officer,
as applicable.
(8)
In the event that the City Attorney has reasonable grounds to believe that any permit holder has been convicted, placed on deferred adjudication, probation or community supervision for any applicable offense as specified in section 26.93(D)(2)(i) of this Code and within the time specified therein, or that the permit holder is under the age of 18, then the City Attorney may revoke the permit by sending notice of the revocation to the permit holder at the address provided by the permit holder on the permit holder’s application. The notice shall state the grounds for revocation, shall advise the permit holder of the permit holder’s right to contest the revocation, and shall advise the permit holder of the manner and time within which a revocation may be contested.
(9)
Each permit issued by the City Attorney shall consist of two photographic identification cards, a personal card and an on-site card. If a personal card or on-site card is lost or stolen, the permit holder shall immediately notify the office of the City Attorney and request a replacement, which shall be issued for a fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, within three days following verification of the identity of the holder. A permit is valid for two years from the date of its issuance. A permit is personal to the named permit holder and is not valid for use by any other person. Each permit holder shall notify the office of the City Attorney of his or her new address within ten days following any change of his or her address.
(F)
Display
of permits.
Each manager, employee or entertainer shall
conspicuously carry and display his or her personal card upon his
or her person at a point above his or her waist at all times while
acting as an entertainer, employee or manager on the premises of a
sexually oriented business. A manager, employee or entertainer may
not display an on-site card in lieu of a personal card. A manager,
employee or entertainer who has lost or misplaced his or her personal
card shall not act as an entertainer, employee or manager until a
replacement for the personal card is obtained. A manager, employee
or entertainer shall provide his or her on-site card to the on-site
manager in charge of the sexually oriented business to retain while
the permit holder is on the premises. In any prosecution under subsection
(E)(1), it shall be presumed that the actor did not have a permit
unless the permit was in display as required by this subsection.
(G)
Gratuities.
No customer shall pay a gratuity directly to an entertainer,
and no entertainer shall take a gratuity directly from a customer.
Instead, any gratuity to be paid by a customer to an entertainer shall
be given to the on-site manager for the account of the entertainers
on duty at the time or included on the credit card account of the
customer for the account of the entertainers on duty at the time,
if the customer pays by credit card. “Gratuity,” as used
herein, includes any form of or representation of payment, including
cash, tokens, “chits” or other facsimile or substitute
for money.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04; Ordinance 5965, sec. 8, adopted 1/10/06; Ordinance 6136, secs. 1–3,
adopted 6/19/07; Ordinance 7363 adopted 9/6/2022)
(A)
A person
who operates or causes to be operated a sexually oriented business
(including, without limitation, an adult arcade and an adult motion
picture theatre, but excluding an adult motel) which exhibits on the
premises in a viewing room a film, video cassette or other video reproduction
that depicts specified sexual activities or specified anatomical areas,
shall comply with the additional requirements of this section.
(B)
Upon
application for a sexually oriented business permit, the application
shall be accompanied by a diagram of the premises showing a plan thereof
that specifies the location of one (1) or more manager’s stations,
the location of all overhead lighting fixtures, and that designates
any portion of the premises in which customers will not be permitted.
A manager’s station may not exceed thirty-two (32) square feet
of floor area. The diagram shall also designate the place at which
the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer’s or architect’s
blueprint shall not be required; however each diagram should be oriented
to the north, or to some designated street or object, and shall 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 (6"). The
Building Official may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it was prepared.
(C)
The
interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager’s station of every
area of the premises to which any customer is permitted access for
any purpose, excluding restrooms. Restrooms may not contain video
reproduction or transmission equipment. If the premises has two (2)
or more manager’s stations designated, then the interior of
the premises shall be configured in such a manner that there is an
unobstructed view of each area of the premises to which any customer
is permitted access for any purpose from at least one (1) of the manager’s
stations. The view required in this subsection must be by direct line
of human sight from the manager’s station.
(D)
It shall be the duty of the owner and operator, and it shall also be the duty of any manager and employees present in a sexually oriented business regulated by this section 26.95, to ensure that the view area specified in subsection (C) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any customer is present on the premises and to ensure that no customer is permitted access to any area of the premises that has been designated as an area in which customers will not be permitted in the plan filed pursuant to subsection (B).
(E)
Each
manager’s station shall be attended by an employee at any time
a customer is present on the premises.
(F)
No viewing
area or booth of less than 155 square feet of floor space shall be
occupied by more than one person at any time.
(G)
An owner
or operator commits an offense if the owner or operator permits access
to a customer of any area of the premises that is not visible from
the manager’s station for any purpose, excluding restrooms.
(H)
A sexually oriented business regulated by this section 26.95 shall be equipped with lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) footcandle as measured at four feet above the floor level. It shall be the duty of the owners and the operator, and it shall also be the duty of any manager or employee present on the premises to ensure that the illumination required by this subsection is maintained at all times that any customer is present on the premises.
(I)
No sexually oriented business regulated by this section 26.95 shall be configured in such a manner as to have any opening in any partition, screen, wall or other barrier that separates a viewing area from other viewing areas. This provision shall not apply to conduits for plumbing, heating, air conditioning, ventilation or electrical service, provided that such conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas. It shall be the duty of the owners and the operator, and it shall also be the duty of any manager or employee present on the premises of a sexually oriented business regulated by this section 26.95, to assure that no openings are allowed to exist in violation of this subsection and to ensure that no customer is allowed access to any portion of the premises where any opening exists in violation of this subsection until the opening has been brought into compliance with this subsection.
(J)
It shall be unlawful for an operator or an owner, and it shall also be unlawful for any manager or employee present in a sexually oriented business regulated by this section 26.95, to knowingly allow or permit any act of sexual intercourse, sodomy, oral copulation, indecent exposure, lewd conduct or masturbation to occur on the premises or to knowingly allow or permit the premises to be used as a place in which solicitation for sexual intercourse, sodomy or oral copulation occurs.
(K)
A permit issued under this article for a sexually oriented business regulated by this section 26.95 shall only extend to the premises in the configuration described in the application and the plans submitted with or adopted therein. If the premises remains open during alterations or expansions, then it shall be the duty of the operator to ensure that no customer is permitted to use a viewing area within any portion of the premises that has been altered or added by any alteration or expansion until a new permit has been obtained on the basis of the premises as reconfigured by the work.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04; Ordinance 5965, secs. 9–11, adopted 1/10/06)
(A)
It shall
be unlawful for an owner or operator of a sexually oriented business
to allow the merchandise or activities of the sexually oriented business
to be visible from any point outside such sexually oriented business.
(B)
It shall
be unlawful for the owner or operator of a sexually oriented business
to allow the exterior portions 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 sexually oriented business to be
painted any color other than a single achromatic color. As used in
this section, “achromatic” means colorless, lacking in
saturation or hue. Without limitation, grays, tans and light earth
tones shall be included, but white and black and any bold coloration
that attracts attention shall be excluded from the definition of achromatic.
(1)
This
provision shall not apply to a sexually oriented business if the following
conditions are met:
(a)
The sexually oriented business is a part of a commercial multiunit
center; and
(b)
The exterior portions of each individual unit in the commercial multiunit
center, including the exterior portions of the sexually oriented 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 multiunit center.
(2)
Nothing
in this subsection shall be construed to require the painting of an
otherwise unpainted exterior portion of a sexually oriented business.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04)
(A)
Notwithstanding chapter 30 of this Code or any other City ordinance, Code, or regulation to the contrary, it shall be unlawful for the owner or operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than one primary sign and one secondary sign, as provided herein.
(C)
Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations of any manner, and may contain only:
(D)
Each
letter forming a word on a primary sign shall be of a 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:
(G)
Any sign located on the premises of a commercial multiunit center containing a sexually oriented business that displays the name, or any portion of the name of the sexually oriented business, any name under which any sexually oriented business was formerly operated on the premises, or that contains any of the terms set forth in subsection (2) of subsection (C) or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this section. The intent of this subsection is to prevent the use of signage identifying the commercial multitenant center itself from being used as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this section.
(H)
Except as expressly provided herein, nothing contained in this section shall be deemed to grant or allow for any sign, additional sign (whether attached or freestanding), or additional sign area not otherwise allowed in general under chapter 30 of this Code, nor to in any manner exempt a sexually oriented business from any generally applicable City ordinance, Code, or regulation relating to signs.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04)
(A)
Whenever
a person does an act that is forbidden, fails to perform an act that
is required, or commits an act that is made unlawful by any provision
of this article, the violation is punishable as provided by section
243.010(b) of the Texas Local Government Code, as amended. A person
violating a provision of this article is guilty of separate offense
for each day or part of a day during which the violation is committed,
continued, or permitted.
(B)
Except
as otherwise provided by law, a person commits an offense under this
article if the person intentionally, knowingly, recklessly, or with
criminal negligence engages in conduct prohibited by this article.
(C)
A person
who operates or cause to be operated a sexually oriented business
in violation of this article is subject to a suit for injunction and
civil penalties as provided by law, in addition to prosecution for
criminal violations. The City Attorney is hereby authorized to file
suit for such purposes.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 5799, sec. 1, adopted 1/20/04; Ordinance 5965, sec. 12, adopted 1/10/06)
