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 arcademeans 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, 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, adult novelty store, or adult video storemeans a commercial establishment that, as one of its principal business purposes, regularly offers for sale or rent for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, DVDs, slides, or other visual representations which 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,” but not including items used for birth control or for the prevention of sexually transmitted diseases.
A commercial establishmentmay 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 book store” or “adult video store.” Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “adult bookstore” 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 which depict or describe “specified sexual activities” or “specified anatomical areas.” A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
Adult cabaretmeans a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of semi-nudity;
(2) Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”;
(3) 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”; or
(4) Persons who engage in lewd, lascivious or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
Adult motelmeans a hotel, motel, or similar commercial establishment that:
(1) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, DVDs, 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 sublet the room for a period of time that is less than 24 hours.
Adult motion picture theatermeans a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, DVDs, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Adult theatermeans a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
Applicantmeans a person who must apply for a license required by this article.
Child care facilitymeans a facility licensed, certified, or registered by the Texas Department of Family and Protective Services to provide assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the facility is operated for profit or charges for the services it offers.
Church or place of religious worshipmeans any building, whether situated within the city or within the city’s extraterritorial jurisdiction (“ETJ”), used principally as a place wherein persons regularly assemble for religious worship, intended primarily for religious purposes connected with faith or for propagating a particular form of belief.
Citymeans the City of Granite Shoals, a home-rule city.
Employeemeans a person hired by another, or by a business, to work for wages or salary, either part-time, full-time, temporarily or permanently, also to include person or persons who performs or provides entertainment on the sexually oriented business premises for any form of compensation or consideration.
Escortmeans a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees, or offers privately, to appear in a state of nudity or display “specified anatomical areas” for another person.
Escort agencymeans 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, tips or other consideration.
Establishmentmeans 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.
Licensed day care centermeans a facility licensed by the state, whether situated within the city within its ETJ, that provides care at a location other than the residence of the director, owner, or operator of the child-care facility for seven or more children under 14 years of age for less than 24 hours a day, but at least two hours a day, three or more days a week.
Massagemeans any method of treating the superficial parts of a patron, including any process consisting of kneading, rubbing, stroking, tapping, pounding, vibrating, stimulating or otherwise manipulating the skin of the body of a human being, either with the hand or by means of electrical instruments or apparatus, or other special apparatus; but shall not include:
(1) Massage therapy by duly licensed physicians, massage therapists, physical therapists or athletic trainers;
(2) Massage of the face practiced by duly licensed cosmetologists or barbers.
Massage parlor, sex parlor, or love parlormeans any establishment where manipulated massage or manipulated exercises are practiced upon the human body for compensation by persons not exempted, whether with or without the use of mechanical, therapeutic or bathing devices, and such term shall include Turkish bathhouses.
City managermeans the city manager of the city and such employee(s) of the city as the city manager may designate to perform the duties of the city manager under this article.
Nude model studiomeans 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, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration; however, nude modeling at or on behalf of any properly accredited institution of higher learning shall not fall within this definition.
Nudity or a state of nuditymeans:
(1) The appearance of a human bare buttocks, anus, male genitals, female genitals, pubic region or areola area of female breasts; or
(2) A state of dress which fails to opaquely cover a human buttocks, anus, male genitals, female genitals, pubic region, nipple, or areola of the female breasts.
Operates or causes to be operatedmeans to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Licenseemeans a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license, as well as each individual who is an officer or owner of ten percent or greater interest in or who exercises substantial de facto control over a sexually oriented business for which a license has been issued under this chapter, regardless of whether the individual’s name or signature appears on the license application.
Personmeans an individual, proprietorship, partnership, corporation, association, or other legal entity.
Semi-nudemeans a state of dress in which clothing covers no more than the human bare buttocks, anus, male genitals, female genitals, or female breast without a fully opaque complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state even if completely and opaquely covered.
Sexual encounter centermeans 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 male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented businessmeans an adult video arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, massage parlor, sex parlor, love parlor, nude studio, or sexual encounter center or other commercial enterprise for which the regular offering of a service or selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer constitutes 25 percent or more of the items in inventory and/or floor space of the sexually oriented business. This term shall also mean any commercial enterprise that self-identifies as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or sexual encounter center regardless of whether the percentage of items in inventory and/or floor space constitute 25 percent or more of the total items in inventory and/or floor space.
Specified anatomical areasmeans human buttocks, anus, male genitals, female genitals, pubic region, pubic hair, or female breast or breasts that is situated below a point immediately above the top of the areola, when less than completely and opaquely covered.
Specified sexual activitiesmeans and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections
(1) through
(3) of this definition.
Transfer of ownership or control of a sexually oriented businessmeans 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 636, sec. II, adopted 4/22/14)