Adult arcade.
A movie arcade, game (penny) arcade or other establishment which holds itself out to be primarily in the business of offering to customers still or motion pictures or games which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult book or video store.
An establishment which holds itself out to be primarily in the business of offering to customers books, magazines, films or videotapes (whether for viewing on- or off-premises), periodicals, or other printed or pictorial materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and in which twenty-five percent (25%) or more of the gross floor area is devoted to offering such merchandise.
Adult cabaret.
A cabaret which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
Adult lounge.
An adult cabaret which is a permitted or licensed premises pursuant to the Texas Alcoholic Beverage Code where alcoholic beverages may be served or sold.
Adult motel.
A hotel, motel, or similar commercial establishment which offers sleeping accommodations to the public for any form of consideration 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.
Adult novelty shop.
An establishment which holds itself out to be primarily in the business of selling products which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical area, and in which twenty-five percent (25%) or more of the gross floor area is devoted to the sale of such products.
Adult service business.
A sexual encounter center, escort agency or bureau, nude modeling studio, massage parlor or any other commercial enterprise which holds itself out to be primarily in the business of offering a service which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult theater.
An establishment which holds itself out to be primarily in the business of exhibiting to customers motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Escort.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person and who solicits, offers, or performs sexual activities to a patron, or who agrees or offers to privately model lingerie or to privately perform striptease for another person.
Escort agency or bureau.
A person or business association who furnishes, offers to furnish, refers, or advertises to furnish escorts as one of its primary business purposes, for a fee, commission, or other consideration.
Massage parlor.
An establishment or place primarily in the business of providing massage services to patrons and which employs masseurs, masseuses, or other persons who solicit, offer, or perform sexual activities to a patron.
Nude modeling studio.
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.
Nudity or state of nudity.
The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that, as one of its primary 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 business.
An adult arcade, adult book or video store, adult cabaret, adult lounge, adult motel, adult novelty shop, adult service business, adult theater, or other commercial enterprise the primary business of which is the offering of a service of the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas.
(1) 
Less than completely and opaquely covered:
(A) 
Human genitals, pubic region;
(B) 
Buttock; or
(C) 
Female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities.
(1) 
Showing human genitals in a state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals pubic region, buttock or female breast.
(1995 Code, sec. 4.401)
On-premises advertisements, displays, or other promotional materials for sexually oriented business which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semi-public places outside the business.
(1995 Code, sec. 4.402)
(a) 
Relation to other sexually oriented businesses.
A sexually oriented business shall not be located on any lot within five hundred feet (500') of any lot on which there is located another sexually oriented business.
(b) 
Relation to civic uses.
A sexually oriented business shall not be located on any lot within one thousand feet (1,000') of any lot on which there is located any public or private school, church, public park or playground, or licensed day-care center.
(c) 
Relation to residential zones and uses.
A sexually oriented business shall not be located on any lot within one thousand hundred feet (1,000') of any lot which is zoned or used for residential purposes.
(d) 
A radius or distance under this section shall be determined from the midpoint of a line joining the two most distant points on the boundaries on the lot.
(1995 Code, sec. 4.403)
(a) 
An applicant or licensee shall permit representatives of the city or any law enforcement agency to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law and/or these regulations, 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 at any time the business is occupied or open for business by a representative of the city who is serving in an official capacity or any law enforcement officer.
(c) 
The provisions of the section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent residence.
(1995 Code, sec. 4.407)
Any person violating a provision of this article, upon conviction, is punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code. A separate offense is committed on each day on which a violation occurs or continues to exist.
(1995 Code, sec. 4.413)
(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 city. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space 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 (6"). Applicants who must comply with subsection (e) of this section shall submit a diagram meeting the requirements.
(c) 
The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the laws of the state and the ordinances of the city. Such inspections shall be conducted by the respective officials within thirty (30) days of the date of the application.
(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 five percent (5%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4.04.032 of this article and each applicant shall be considered a licensee if a license is granted.
(e) 
The fact that a person possessed valid private club or other alcoholic beverage retail license or permit does not exempt him from the requirement of obtaining a sexually oriented business license from the city.
(1995 Code, sec. 4.404)
(a) 
The city council shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application, unless it finds one (1) or more of the following to be true:
(1) 
An applicant is under eighteen (18) years of age.
(2) 
An applicant or an applicant’s spouse is overdue in his payment to the city of taxes, fees, fines, or penalties assessed against him or imposed upon him 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 section, 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) 
An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
(6) 
The premises to be used for the sexually oriented business have not been approved by the city or any state or county health or building official as being in compliance with applicable laws and ordinances.
(7) 
The license fee for operating a sexually oriented business as required by this section has not been paid.
(8) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated that he or she is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(9) 
An applicant or the proposed establishment is in violation of or is not in compliance with the other provisions of this section.
(10) 
An applicant or an applicant’s spouse has been convicted of a crime:
(A) 
Involving any of the following offenses described in the Texas Penal Code:
(i) 
Prostitution;
(ii) 
Promotion of prostitution;
(iii) 
Aggravated promotion of prostitution;
(iv) 
Compelling prostitution;
(v) 
Obscenity;
(vi) 
Sale, distribution, or display of harmful material to minor;
(vii) 
Sexual performance by a child;
(viii) 
Possession of child pornography;
(ix) 
Public lewdness;
(x) 
Indecent exposure;
(xi) 
Indecency with a child;
(xii) 
Sexual assault or aggravated sexual assault as described in the Texas Penal Code;
(xiii) 
Incest, solicitation of a child, or harboring a runaway child as described in the Texas Penal Code; or
(xiv) 
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 (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-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 subsection (a)(10) may qualify for a sexually oriented business license only when the time period required by subsections (a)(10)(i)–(iii) 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. 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, sec. 4.405)
The initial fee and annual renewal fee for a sexually oriented business license is one thousand dollars ($1,000.00) which shall be paid at the time an application is filed. This fee shall not be refunded in the event such application is denied, suspended or revoked.
(1995 Code, sec. 4.406)
(a) 
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 4.04.032 of this article. 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 for the license will not be affected.
(b) 
When the city council denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the city council finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.
(1995 Code, sec. 4.408)
The mayor shall suspend a license for a period not to exceed thirty (30) days if he or she determines that a license or an employee of a licensee has:
(1) 
Violated or is not in compliance with these regulations;
(2) 
Engaged in excessive use of alcoholic beverages while on the premises of the sexually oriented business;
(3) 
Refused to allow an inspection of the premises of a sexually oriented business as authorized representative of the city or law enforcement agency;
(4) 
Knowingly permitted gambling by any person on the premises of the sexually oriented business;
(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, sec. 4.409)
(a) 
The city council may revoke a license if a cause of suspension in section 4.04.035 of this article occurs and the license has been suspended within the preceding twelve (12) months.
(b) 
The city council may also revoke a license if it determines that:
(1) 
A licensee gave false or misleading information in the material submitted 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 4.04.032(a)(10) 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.
(6) 
On two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.04.032(a)(10), 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 (as defined in section 21.01 of the Texas Penal Code) to occur in or on the licensed premises.
(8) 
A licensee is delinquent in payment of any sales taxes, licensee fees, or other debt owed to the city if such obligation is 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) 
When the city council 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 city council 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 subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4.04.032(a)(10)(B)(iii) has elapsed.
(1995 Code, sec. 4.410)
If the mayor suspends a license, he or she shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of his or her action and the right to an appeal. The aggrieved party may appeal the decision of the mayor to the city council. The filing of an appeal stays the action of the mayor in suspending or revoking a license until the city council makes a final decision.
(1995 Code, sec. 4.411)
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, sec. 4.412)
A person who operates or causes to be operated a sexually oriented business without a valid license may be joined by a suit for injunction as well as prosecution for any criminal violations.
(1995 Code, sec. 4.414)