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 town and to establish reasonable and uniform
regulations on the operation of the same without imposing a limitation
or restriction on the contents of any communicative materials, including
sexually oriented materials.
(2002 Code, sec. 4.101)
Adult arcade.
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” as defined herein.
Adult bookstore or adult video store.
A commercial establishment which as one (1) of its principal
business purposes offers for sale or rental for any form of consideration
any one (1) or more of the following:
(1)
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
(2)
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
(1)
Persons who appear in a state of nudity; or
(2)
Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”;
or
(3)
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.”
Adult motel.
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions 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
(2)
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
(3)
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 motion picture theater.
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.”
Adult theater.
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.”
Enforcement agent.
The mayor or any individual duly designated to perform the
duties established herein.
Escort agency.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts, as one of its primary business
purposes, for a fee, tip, or other consideration.
Establishment.
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 addition of any sexually oriented business to any other
existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
Licensee.
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.
Massage establishment.
Any building, room, place, or establishment, other than a
regularly licensed hospital, where manipulated massage or manipulated
exercises are practiced upon the human body by anyone not a duly licensed
physician, osteopath, chiropractor or a registered massage therapist,
nurse or a doctor whether with or without the use of mechanical, therapeutic
or bathing devices, and shall include Turkish bathhouses. This term
shall not include, however, duly licensed beauty parlors or barber
shops or a place wherein registered physical therapists treat only
patients recommended by a licensed physician and operate only under
such physician’s direction.
Nude model 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 a state of nudity.
(1)
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
(2)
A state of dress which fails to opaquely cover a human buttock,
anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated.
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.
Person.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Residential district.
A single family, duplex, townhouse, multiple family, or mobile
home zoning district as defined in the zoning ordinance of the town.
Residential use.
A single family, duplex, multiple family, mobile home park,
mobile home subdivision, or any other traditionally residential use
as defined in the zoning ordinance of the town.
Semi-nude.
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.
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)
Sexual activities between male and female persons and/or persons
of the same sex when one (1) or more of the persons is in a state
of nudity or semi-nudity.
Sexually oriented business.
An adult arcade, adult bookstore, or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater
or nude model studio.
Specified anatomical areas.
Less than completely covered human genitals, pubic region,
buttocks, and female breast below a point immediately above the top
of the areola.
Specified sexual activities.
Any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic
regions, 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;
(4)
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
Transfer of ownership or control.
Includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute 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
which transfers the ownership or control of the business, except for
transfer by request or other operation of law upon the death of the
person possessing the ownership or control.
(2002 Code, sec. 4.102; Ordinance
adopting Code)
Sexually oriented businesses are classified as follows:
(2) Adult
bookstores or adult video stores;
(5) Adult
motion picture theaters;
(10) Sexual encounter centers.
(2002 Code, sec. 4.103)
The annual fee for a sexually oriented business license is as
provided for in the fee schedule found in the appendix of this code.
(2002 Code, sec. 4.107)
The enforcement agent shall suspend a license for a period not
to exceed thirty (30) days if he/she determines that a licensee or
an employee of a licensee has:
(1) Violated
or is not in compliance with the provisions of this article;
(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.
(2002 Code, sec. 4.110)
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
(2002 Code, sec. 4.113)
The display of sexually explicit material to minors is unlawful
and punishable in accordance with the provisions of V.T.C.A., Penal
Code, 43.24.
(2002 Code, sec. 4.118)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section
4.02.005 herein, is subject to a suit for injunction as well as prosecution for criminal violations.
(2002 Code, sec. 4.120)
That any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in section
1.01.009 of this code, and each and every day’s violation shall constitute a separate offense.
(2002 Code, sec. 4.121)