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:
Child-care facility
means a building used as a day nursery, children’s boardinghouse, child placing agency or other place for the care or custody of children under 15 years of age, licensed by the state.
Church and place of religious worship
mean a building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
Dwelling
means a house, duplex, apartment, townhouse, condominium, mobile home or any other building used for residential purposes.
Hospital
means a building used to provide health services for human inpatient medical care for the sick or injured licensed pursuant to the Texas Hospital Licensing Law (V.T.C.A., Health and Safety Code section 241.001 et seq.) or operated by an agency of the federal government, or a convalescent facility licensed pursuant to V.T.C.A., Health and Safety Code section 242.001 et seq.
Public building
means a building used by the federal, state, or local government, open to the general public.
Public park
means a tract of land maintained by the federal, state, or local government for the recreation and enjoyment of the general public.
Regulations
means regulations of the city for the location of certain sexually oriented commercial enterprises.
School
means a building where persons regularly assemble for the purpose of instruction or education, together with the playgrounds, dormitories, stadiums, and other structures or grounds used in conjunction therewith.
Sexually oriented commercial enterprise and adult entertainment enterprise
mean any business activity, whether in public, semipublic or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view, or photograph any such activity. Sexually oriented commercial or adult entertainment enterprises furthermore include, but are not limited to, the following:
(1) 
Adult bookstore/film store
means an establishment or commercial enterprise having as ten percent or more of its stock in trade videos, tapes, cassettes, photographs, books, magazines and other periodicals which are distinguished by a predominant emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(2) 
Adult cabaret
means an establishment whose portion of business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including but not limited to dancing, posing, modeling, or acting, and which is distinguished by or characterized by a predominant emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(3) 
Adult drive-in theater
means a drive-in theater used for presenting motion picture films, videocassettes, cable television, or any other such visual media distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(4) 
Adult encounter parlor
means an establishment the business of which consists of premises where customers either congregate, associate, or consort with employees who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.
(5) 
Adult lounge
means an adult cabaret which is permitted or licensed pursuant to the Alcoholic Beverage Code, where alcoholic beverages may be served or sold.
(6) 
Adult motion picture theater
means an establishment or commercial enterprise which has an enclosed building with a capacity of more than five persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
(7) 
Adult retail store
means a retail establishment in which:
(A) 
Ten percent or more of the stock in trade consists of items, products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; or
(B) 
Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas is displayed.
(8) 
Movie arcade and viewing booth/arcade.
(A) 
Movie arcade
means any business wherein is operated a film or videotape viewing device. A film or videotape viewing device or booth subject to this article is defined as provided in subsection (B) of this definition.
(B) 
Viewing booths/arcades
means an establishment or commercial enterprise which has within its structure any electrical or mechanical device which projects or displays any film, videotape or reproduction into a viewing area obscured by a curtain, door, or wall, or other enclosure which is designed for occupancy by no more than five persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons.
Specified anatomical areas
means:
(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; and
(2) 
Human genitals in a discernibly erect state, even if completely and opaquely covered.
Specified sexual activities
means:
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse, or sodomy, or acts of bestiality; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Stock in trade
means the total volume or number or items, products or equipment available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.
(1967 Code, sec. 23-1/2-4; 1976 Code, sec. 22-241; Ordinance 443, sec. IX(I)B, adopted 11/16/59; Ordinance 768 adopted 5/20/85; Ordinance 782 adopted 4/7/86; Ordinance 789 adopted 1/5/87; Ordinance 822, sec. 1, adopted 7/2/90; 2008 Code, sec. 22-241)
These regulations in this article are adopted by the city commission acting in its capacity as the governing body of the city. Authority of the city to adopt these regulations is V.T.C.A., Local Government Code section 243.001 et seq.
(1967 Code, sec. 23-1/2-1; 1976 Code, sec. 22-242; 2008 Code, sec. 22-242)
The city commission hereby designates the chief of police to inspect and issue permits pursuant to the authority granted under section 4.08.002. The administration of this article, including but not limited to issuance of permits and inspections under this article, shall be performed by the chief of police or his duly authorized deputy. Any peace officer certified by the state may enforce this article.
(1967 Code, sec. 23-1/2-2; 1976 Code, sec. 22-243; 2008 Code, sec. 22-243)
This article does not apply to the following:
(1) 
Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the license held.
(2) 
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts.
(1967 Code, sec. 23-1/2-5; 1976 Code, sec. 22-245; 2008 Code, sec. 22-245)
Violation of any provision of this article is punishable, upon conviction, as provided in section 1.01.009 (misdemeanor).
(1967 Code, sec. 23-1/2-18; 1976 Code, sec. 22-246; 2008 Code, sec. 22-246)
The operation of a sexually oriented commercial enterprise without a sexually oriented commercial enterprise permit is hereby declared to be a public nuisance.
(1967 Code, sec. 23-1/2-19; 1976 Code, sec. 22-247; 2008 Code, sec. 22-247)
This city may sue in any court of competent jurisdiction to enjoin the violation of any provision of this article.
(1967 Code, sec. 23-1/2-20; 1976 Code, sec. 22-248; 2008 Code, sec. 22-248)