(a)
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.
(b)
It is the intent of the city council that the location regulations of Section 4.1113 of this article are promulgated pursuant to Chapter 243 of the Local Government Code of the State of Texas. It is the intent of the city council that all other provisions of this article are promulgated pursuant to the DeSoto City Charter and Article 1175, Revised Civil Statutes of Texas and its successor provisions in the Local Government Code.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1601)
As used in this article, unless the context otherwise indicates:
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,
or other image producing devices are maintained to show 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."
Means a commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
any one or more of the following:
books, magazines, periodicals or other printed matter, or photographs,
films motion pictures, video cassettes or video reproductions slides,
or other visual representations which depict or describe "specified
sexual activities" or "specified anatomical areas"; or
instruments, devices, paraphernalia which are designed for use
in connection with "specified sexual activities."
Means a nightclub bar, restaurant, or similar commercial
establishment which 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";
or
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."
Means a hotel, motel or similar commercial establishment
which:
offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas"; and has a sign
visible from the public right of way which advertises the availability
of this adult type of photographic reproductions; or
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 sub-rent the
room for a period of time that is less than ten (10) hours.
Means a commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
Means a theater, concert hall, auditorium or similar commercial
establishment which 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."
Means the board of adjustment of the City of DeSoto, Texas,
which shall act as the appeals board for all purposes of this article.
Means the chief of police of the City of DeSoto or his designated
agent.
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 privately perform a striptease
for another person.
Means a person or business association who furnishes, offers
to furnish, or advertises to hire escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
Means and includes any of the following:
the opening or commencement of any sexually oriented business
as a new business;
the conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
the addition of any sexually oriented business to any other
existing sexually oriented business; or
the relocation of any sexually oriented business
Means a person in whose name a license to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a license.
Means any place where a person who appears in a state of
nudity or displays "specified anatomical areas" is provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons who pay money or any form of consideration.
Means:
Means to cause to function or to put or keep in operation.
A person may be found to be operating or causing to be operated a
sexually oriented business whether or not that person is an owner,
part owner, or licensee of the business.
Means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
Means a single family, duplex, townhouse, multiple family
or mobile home zoning district as defined in the DeSoto Comprehensive
Zoning Ordinance, as amended or as defined in the Development Code
or Comprehensive Zoning Ordinance of an adjoining city to the City
of DeSoto, if applicable.
Means a single family, duplex, multiple family, townhouse,
or "mobile home park, mobile home subdivision, and campground" use
as defined in the DeSoto Comprehensive Zoning Ordinance, as amended
or as defined in the Development Code or Comprehensive Zoning Ordinance
of an adjoining city to the City of DeSoto, if applicable.
Means a state of dress in which clothing covers no more than
the genitals, pubic region, and areola of the female breast, as well
as portions of the body covered by supporting straps or devices.
Means a business or commercial enterprise that, as one of
its primary business purposes offers for any form of consideration
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.
Means human genitals in a state of sexual arousal.
Means and includes any of the following:
the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts:
sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
masturbation, actual or simulated; or
excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
Of a sexually oriented business means the increase in floor
area occupied by the business by more than twenty-five (25) percent,
as the floor area exists as of the date of adoption of this article.
Of a sexually oriented business means and includes any of
the following:
the sale, lease, or sublease of the business;
the transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
the establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1602)
Sexually oriented businesses are classified as follows:
(1)
adult
arcades;
(2)
adult
bookstores or adult video stores;
(3)
adult
cabarets;
(4)
adult
motels;
(5)
adult
motion picture theaters;
(6)
adult
theaters;
(7)
escort
agencies;
(8)
nude
model studios; and
(9)
sexual
encounter centers
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1603)
(a)
A person
commits an offense if he operates a sexually oriented business without
a valid license, issued by the city for the particular type of business.
(b)
An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or 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. Applicants who must comply with Section 4.1119 of this article shall submit a diagram meeting the requirements of Section 4.1119.
(c)
The
applicant must be qualified according to the provisions of this article.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty (20) percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 4.1105 and each applicant shall be considered a licensee if a license is granted.
(e)
The
fact that a person possesses a valid license for any other type of
business does not exempt him from the requirement of obtaining a sexually
oriented business license.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1604)
(a)
The
chief of police shall approve and issue any license required hereunder
to an applicant within thirty (30) days after receipt of an application
unless the chief of police finds one (1) or more of the following
to be true:
(1)
An applicant is under 18 years of age.
(2)
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.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or an applicant's spouse has been convicted of a violation
of a provision of this article, other than the offense of operating
a sexually oriented business without a license, within two (2) years
immediately preceding the application. The fact that a conviction
is being appealed shall have no effect.
(5)
The license fee required by this article has not been paid.
(6)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding twelve (12) months and
has demonstrated an inability to operate or manage a sexually oriented
business premises in a peaceful and law-abiding manner, thus necessitating
action by law enforcement officers.
(8)
An applicant or an applicant's spouse has been convicted of a crime:
(A)
involving:
(i)
any of the following offenses as described in Chapter 43 of the Texas
Penal Code
(iii)
sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
(iv)
incest, solicitation of a child, or harboring a runaway child
described in Chapter 25 of the Texas Penal Code; or
(v)
criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses;
(B)
for which:
(i)
less than two (2) 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;
(ii)
less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
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 or more misdemeanor offenses or combination of misdemeanor offenses
occurring within any twenty-four (24) month period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant's spouse.
(c)
An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 4.1105(a) may qualify for a sexually oriented business license only when the time period required by Section 4.1105(a)(8)(B) has elapsed.
(d)
The
license, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business. 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.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1605)
The annual fee for a sexually oriented business license is established
by resolution of the city council.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1606)
(a)
An
applicant or licensee shall permit representatives of the police department,
health department, fire department, planning department, code services
department, and building inspection department to inspect the premises
of a sexually oriented business for the purpose of insuring compliance
with the law, at any time it is occupied or open for business.
(b)
A person
who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of
the premises by a representative of the city at any time it is occupied
or open for business.
(c)
The
provisions of this subsection do not apply to areas of an adult motel
which are currently being rented by a customer for use as a permanent
or temporary habitation.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1607)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 4.1104. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1608)
The chief of police shall suspend a license for a period not
to exceed thirty (30) days if he determines that a licensee or an
employee of a licensee has:
(2)
engaged
in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3)
refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(4)
knowingly
permitted gambling by any person on the sexually oriented business
premises;
(5)
demonstrated
inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner thus necessitating action by law enforcement
officers.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1609)
(a)
The chief of police shall revoke a license if a cause of suspension in Section 4.1109 occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
chief of police shall revoke a license if he determines that:
(1)
a licensee gave false or misleading information in the material submitted
to the chief of police during the application process;
(2)
a licensee or an employee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
(3)
a licensee or an employee has knowingly allowed prostitution on the
premises;
(4)
a licensee or an employee knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended;
(5)
a licensee has been convicted of an offense listed in Section 4.1105(a) for which the time period required in Section 4.1105(a)(8)(B) has not elapsed;
(6)
on two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 4.1105(a), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7)
a licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact
to occur in or on the licensed premises. The term "sexual contact"
shall have the same meaning as it is defined in Section 21.01, Texas
Penal Code; or
(8)
a licensee is delinquent in payment to the city for hotel occupancy
taxes, ad valorem taxes, or sales taxes related to the sexually oriented
business.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
Section 4.1110(b)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e)
When the chief of police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under Section 4.1110(b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 4.1105(a)(8)(B) has elapsed.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1610)
If the chief of police denies the issuance of a license or suspends
or revokes a license, the chief of police shall send to the applicant,
or licensee, by certified mail, return receipt requested, written
notice of the action and the right to an appeal. In the case of suspension
or revocation of an existing license, written notice shall also be
posted upon the business premises. Upon receipt of written notice
of the denial, suspension, or revocation, the licensee whose application
for a license has been denied or whose license has been suspended
or revoked shall have the right to appeal to the board of adjustment
of the City of DeSoto. The filing of an appeal stays the action of
the chief of police in suspending, denying or revoking a license until
the board of adjustment makes a final decision. The decision of the
board of adjustment shall be final and any appeal shall be made directly
to the state district court. An appeal to the state district court
must be filed within thirty (30) days after the receipt of notice
of the decision of the board of adjustment. The licensee shall bear
the burden of proof in court.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1611)
A licensee shall not transfer his license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1612)
(a)
A person
commits an offense if he operates or causes to be operated a sexually
oriented business within one thousand (1,000) feet of:
(1)
a church, rectory, or church-related structure;
(2)
a public, private or parochial elementary or secondary school, or
a school zone in which the speed of traffic is regulated by posted
signs during certain school hours:
(3)
a boundary of a residential district or historical district;
(4)
a public park, playground or recreation facility, library, daycare
center, nursery school or kindergarten; or
(5)
the property line of a lot devoted to a residential use.
The above location restrictions apply whether or not the church,
rectory, church-related structure, public school, private school,
parochial school, elementary school, secondary school, school zone,
residential district boundary, public park, playground, recreational
facility, library, daycare center, nursery school, kindergarten or
property line devoted to residential use is located within or outside
the City of DeSoto.
(b)
A person
commits an offense if he causes or permits the operation, establishment,
substantial enlargement, or transfer of ownership or control of a
sexually oriented business within one thousand (1,000) feet of another
sexually oriented business.
(c)
A person
commits an offense if he causes or permits the operation, establishment,
or maintenance of more than one sexually oriented business in the
same building, structure, or portion thereof, or the increase of floor
area of any sexually oriented business in any building, structure,
or portion thereof containing another sexually oriented business.
(d)
For the purposes of Section 4.1113(a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, rectory, public or private elementary or secondary school, daycare center, nursery school, kindergarten, or to the nearest boundary of an affected public park, playground, library, recreational facility, residential district, or residential lot.
(e)
For purposes of Section 4.1113(b) of this article, the distance between any two sexually oriented businesses shall mean 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.
(f)
Any sexually oriented business lawfully operating on the effective date of this article, that is in violation of Section 4.1113(a), (b) or (c) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.
(g)
A sexually
oriented business lawfully operating on the effective date of this
article as a conforming use is not rendered a nonconforming use by
the location, subsequent to grant or renewal of the sexually oriented
business license, of a church, rectory, or church-related structure,
a public, private or parochial elementary or secondary school, or
a school zone in which the speed of traffic is regulated by posted
signs during certain school hours; a boundary of a residential district
or historical district within one thousand (1,000) feet of the sexually
oriented business; a public park, playground or recreation facility,
library, daycare center, nursery school or kindergarten; or the property
line of a lot devoted to a residential use. This provision applies
only to the renewal of a valid license, and does not apply when an
application for a license is submitted after a license has expired
or has been revoked.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1613)
(a)
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 4.1113, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the chief of police a written request for an exemption from the locational restrictions of Section 4.1113.
(b)
If
the written request is filed with the chief of police within the ten
(10) day limit, the board of adjustment shall consider the request.
The board shall set a date for the hearing within sixty (60) days
from the date the written request is received.
(c)
A hearing
by the board may only proceed if all the board members are present.
The board shall hear and consider evidence offered by any interested
person. The formal rules of evidence do not apply.
(d)
The board may, in its discretion, grant an exemption from the locational restrictions of Section 4.1113 if it makes the following findings:
(1)
That the location of the proposed sexually oriented business will
not have a detrimental effect on nearby properties or be contrary
to the public safety or welfare;
(2)
That the granting of the exemption will not violate the spirit and
intent of this article;
(3)
That the location of the proposed sexually oriented business will
not downgrade the property values or quality of life in the adjacent
areas or encourage the development of urban blight;
(4)
That the location of an additional sexually oriented business in
the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any efforts of urban renewal or restoration;
and
(5)
That all other applicable provisions of this article will be observed.
(e)
The
board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote shall result in denial of the exemption.
The concurring vote of a majority of the members shall be necessary
to affirm, modify or reverse any decision. Disputes of fact shall
be decided on the basis of a preponderance of the evidence. The decision
of the board is final.
(f)
If the board grants the exemption, the exemption is valid for one (1) year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 4.1113 until the applicant applies for and receives another exemption.
(g)
If
the board denies the exemption, the applicant may not re-apply for
an exemption until at least twelve (12) months have elapsed since
the date of the board's action.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1614)
(a)
An
escort agency shall not employ any person under the age of 18 years.
(b)
A person
commits an offense if he acts as an escort or agrees to act as an
escort for any person under the age of 18 years.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1615)
(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 an offense if he appears in a state
of nudity in or on the premises of a nude model studio. It is a defense
to prosecution under this subsection if the person under 18 years
was in a restroom not open to public view or persons of the opposite
sex.
(c)
A person
commits an offense if he appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right-of-way.
(d)
A nude
model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises which can be viewed from the public right-of-way.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1616)
(a)
The
requirements and provisions of this article remain applicable to adult
theaters and adult motion picture theaters.
(b)
A person
commits an offense if he knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity in or on the premises
of an adult theater or adult motion picture theater.
(c)
A person
under the age of eighteen (18) years commits an offense if he knowingly
appears in a state of nudity in or on the premises of an adult theater
or adult motion picture theater.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1617)
(a)
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 establishment is an adult motel as that term is defined in
this article.
(b)
A person
commits an offense if, as the person in control of a sleeping room
in a hotel, motel, or similar commercial establishment that does not
have a sexually oriented business license, he rents or subrents a
sleeping room to a person and within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1618)
(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 one hundred and fifty (150) square feet of floor
space, a film, video cassette, or other video reproduction which depicts
specified sexual activities or specified anatomical areas, shall comply
with the following requirements:
(1)
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager's stations and locations
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 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 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 (6) inches. The chief
of police may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it 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 chief of police 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 every
area of the premises to which any patron is permitted access for any
purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two (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 patron 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 sight from the manager's
station.
(6)
It shall be the duty of the owners and 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 (a)(5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(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 one (1.0) footcandle
as measured at the floor level.
(8)
It shall be the duty of the owners and 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.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1619)
(a)
A person
commits an offense if, in a business establishment open to persons
under the age of seventeen (17) years, he displays a book, pamphlet,
newspaper, magazine, film, or video cassette, the cover of which depicts,
in a manner calculated to arouse sexual lust or perversion for commercial
gain, any of the following:
(1)
human sexual intercourse, masturbation, or sodomy;
(2)
fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breasts;
(3)
less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areola;
or
(4)
human male genitals in a discernibly turgid state, whether covered
or uncovered.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1620)
(b)
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of Section 4.1113 of this article is punishable as a Class A misdemeanor.
(d)
It is a defense to prosecution under Sections 4.1104(a), 4.1113, or 4.1116(d) 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 which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
in a structure:
(A)
which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing; and
(B)
where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(C)
where no more than one nude model is on the premises at any one time.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1621)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 4.1113 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(1995 Code of Ordinances, Chapter 4, Article 4.1600,
Section 4.1622)
