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 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.
(Ordinance 472-2009, sec. 2, adopted 2/26/09)
The words and terms used in this article that are not defined
herein shall have the meanings commonly ascribed to them. Words used
in the present tense include the future tense. Words in the singular
number include the plural number and words in the plural number include
the singular number. The word “he” shall be defined to
include the word “she.”
Any place to which the public is permitted or invited wherein
coin-operated, token-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 (1) time, and where the images
so displayed are distinguished or characterized by an emphasis on
matter depicting or describing specified sexual activities or specified
anatomical areas.
A commercial establishment which as one (1) of its business
purposes offers for sale or rental for any form of consideration books,
magazines, periodicals or other printed matters, or any combination
thereof, which are distinguished or characterized by an emphasis on
matters depicting or describing specified sexual activities or specified
anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features persons who appear in a state of nudity or
give live performances which are distinguished or characterized by
an emphasis on the exposure of specified anatomical areas or by an
emphasis on specified sexual activities.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other pornographic
reproductions which are distinguished or characterized by an emphasis
on matters depicting or describing 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;
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 subrent the
room for a period of time that is less than ten (10) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, video reproductions, slides
or other visual representations, or any combination thereof, are regularly
shown which are distinguished or characterized by an emphasis on matters
depicting or describing specified sexual activities or specified anatomical
areas.
A commercial establishment which as one (1) of its business
purposes offers for sale or rental for any form of consideration any
one (1) or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
objects, or other visual representations which depict or describe
specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed or
manufactured for use in connection with specified sexual activities.
This does not include items used for birth control or for prevention
of sexually transmitted diseases.
A commercial establishment which offers services or sells
products to customers and in which one (1) or more of the employees
or the customer appears in a state of nudity or simulated nudity.
A commercial establishment which as one (1) of its business
purposes offers for sale or rental for any form of consideration photographs,
films, motion pictures, videocassettes, video reproductions, slides
or other visual representations, or any combination thereof, which
are distinguished or characterized by an emphasis on matters depicting
or describing specified sexual activities or specified anatomical
areas.
The chief of police of the City of Joshua or the chief’s
designated representative.
Any person who:
Is allowed to enter a sexually oriented business in return for
the payment of an admission fee or any other form of consideration
or gratuity;
Enters a sexually oriented business and purchases, rents, or
otherwise partakes of any merchandise, goods, entertainment, or other
services offered therein; or
Is a member of and on the premises of a sexually oriented business
operating as a private club.
Any person who renders any service whatsoever to the customers
of a sexually oriented business or who works in or about a sexually
oriented business and who receives compensation for such service or
work from the operator or owner of the sexually oriented business
or from its customers.
A person who, for consideration, agrees or offers to act
as a companion or date for another person, or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
A person or business association who, as one (1) of its principal
business purposes, furnishes, offers to furnish, or advertises to
furnish escorts, or any combination thereof, for a fee, tip, or other
consideration.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as any and all individuals listed
as applicants on the application for a license.
A day-care center as defined in section 3-3 of the city’s
zoning ordinance.
Any person who:
Supervises, directs or manages any employee of a sexually oriented
business; or
Is charged by the licensee, owner, or operator with directly
supervising the operation of the sexually oriented business and with
monitoring and observing all areas of the enterprise to which customers
are admitted at all times during which the enterprise is open for
business or customers are on the premises.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided or allowed to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration.
Less than completely and opaquely covered:
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,
licensee, or manager of the establishment.
An individual, firm, association, organization, partnership,
trust, foundation, company or corporation.
Featuring, promoting, or advertising a happening or occurrence
on a recurring basis.
A district zoned for residential uses under the zoning ordinance
of the city.
A one-family, townhouse, duplex, triplex, fourplex, mobile
home, manufactured home, or multiple-family dwelling as defined in
the zoning ordinance of the city.
An establishment that is operated for the purpose of giving
massages, at the establishment or on a home-call basis, which are
intended to provide sexual stimulation or sexual gratification in
combination with a massage.
A business or commercial enterprise that offers for any form
of consideration physical contact in the form of wrestling or tumbling
between persons of the opposite sex, or 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 simulated nudity.
An adult arcade, adult bookstore, adult cabaret, adult novelty
store, adult motel, adult movie theater, adult service establishment,
adult video store, sex parlor, sexual encounter center, nude modeling
studio or other commercial enterprise, or any combination thereof,
which devotes a significant or substantial portion of its business
to the offering of a service or the selling, renting or exhibiting
of devices or any other items intended to provide sexual stimulation
or sexual gratification to its customers, and which is distinguished
by or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas, or whose employees or customers appear in a state of nudity.
As used in this definition, “significant or substantial portion”
shall be construed with reference to all relevant factors, including
but not limited to the following:
Whether the business uses advertising or signage identifying
the business as having sexually explicit merchandise or services for
sale, rental, or viewing, including the use of terms such as “adult,”
“sex,” or “XXX”;
The proportion of retail floor space, display areas, presentation
time, or stock in trade devoted to sexually explicit content. (Stock
in trade shall be measured with all titles or objects available on
the premises for sale or rental including those that are identical,
considered a separate title or object.);
The percentage of the business’s overall sales or revenues
attributable to sexually explicit content; and
The percentage of sales or revenues attributable to sexually
explicit content within each category of merchandise, including books,
magazines, movies for rental, movies for sale, movies for on-site
viewing, performances, sexual paraphernalia, or other products or
services.
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The term “sexually oriented business” shall not
be construed to include:
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(1)
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Any business operated by or employing licensed psychologists,
licensed physical therapists, registered massage therapists, registered
nurses, or licensed athletic trainers engaged in practicing such licensed
professions;
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(2)
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Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts;
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(3)
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Any retail establishment whose principal business is the offering
of wearing apparel for sale to customers, which does not exhibit merchandise
on live models, and which does not offer for sale or rental any:
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(A)
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Materials of any kind containing depictions of specified anatomical
areas; or
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(B)
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Instruments, devices, or paraphernalia which are designed or
manufactured for use in connection with specified sexual activities;
or
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(4)
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Any activity conducted or sponsored by any Texas Independent
School District, licensed or accredited private school, or public
or private college or university.
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A state of dress in which any device or covering is worn
and exposed to view that simulates any part of the genitals, buttocks,
anus, pubic region, or areola of the female breast.
Human genitals, pubic regions, buttocks and female breast
below a point immediately above the top of the areola.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, pubic hair, perineum, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy, or bestiality;
Masturbation, actual or simulated; or
Excretory functions.
(Ordinance 472-2009, sec. 3, adopted 2/26/09)
(a)
An
applicant or licensee shall permit representatives of the police department,
health department, fire department, and building inspections division
to inspect the premises of a sexually oriented business for the purpose
of insuring compliance with the law, at any time during the thirty-day
application period or after it is occupied or open for business. The
provisions of this section 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.
(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 police department, health
department, fire department, or building inspections division at any
time during the thirty-day application period or after it is occupied
or open for business.
(c)
A
person who operates a sexually oriented business or his agent or employee
commits an offense if he operates the establishment without maintaining
a current list of all employees employed by the business, along with
a complete updated employment application. Each employment application
shall include a copy of a valid driver’s license, state identification
card, or passport, all with a photo.
(Ordinance 472-2009, sec. 11, adopted 2/26/09)
(a)
Permit required.
(1)
It shall be unlawful for any person who does not hold a permit to
act as a manager or employee of a sexually oriented business.
(2)
It shall be the duty of the licensee, operator and owners of each
sexually oriented business to ensure that no person acts as a manager
or employee of a sexually oriented business unless that person holds
a permit.
(b)
Issuance of permits.
(1)
Any person who desires to obtain an original or renewal permit shall
make application in person at the offices of the police department
between the hours of 8:00 a.m. and 12:00 p.m., Monday through Friday,
city observed holidays excepted. The application shall be made under
oath upon a form prescribed by the chief of police and shall include:
(A)
The name, home street address and mailing address (if different)
of the applicant;
(B)
Proof of the date of birth of the applicant and the identity of the
applicant, including at least one photographic identity card issued
by a governmental agency;
(C)
A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any applicable offense that is specified in section 4.07.033(a)(10); and
(D)
One passport-type photograph of the applicant of a size specified by the chief of police, which shall become part of the photographic identity card if a permit is issued. If an on-site card is required under subsection (4)(B) below, then the application must contain a second photograph of the same type.
(2)
Each application shall be accompanied by a nonrefundable processing
fee of sixty dollars ($60.00). Each applicant shall be required to
provide fingerprints to be used to verify the applicant’s identity
and criminal history information. Each applicant shall sign a waiver
and authorization form authorizing the chief of police to request
on behalf of the applicant criminal history reports from the Texas
Department of Public Safety and any appropriate federal agency.
(3)
The chief of police shall issue the permit within ten (10) days from the date of filing of the application unless he finds that the application is incomplete or that the applicant has been convicted of or spent time in jail or prison for an offense specified in the applicable provisions of section 4.07.033(a)(10) within the time specified therein. If the application is not granted, then the applicant shall be given written notice of the grounds and of his right to provide a written response as provided by section 4.07.038(a) within ten (10) days from the date of filing of the application.
(4)
Each permit issued by the chief of police shall consist of either
one or two (2) photographic identification cards.
(A)
Each employee of a sexually oriented business shall have an identification
card, called a personal card.
(B)
If a sexually oriented business is required by sections 4.07.065(g) or 4.07.072(3) to have an on-site manager, then each employee of such a business shall have a second identification card, called an on-site card.
(5)
If the chief of police fails to issue or deny a permit application within the time specified in subsection (b)(3) above, then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the chief of police.
(6)
If any personal card or on-site card is lost or stolen, the holder
thereof shall immediately notify the chief of police and request a
replacement, which shall be issued for a fee of $35.00 within three
(3) days following verification of the identity of the holder.
(7)
No permit application shall be accepted nor shall a permit be issued
to any person who does not provide proof that he is at least eighteen
(18) years old. Any permit issued by virtue of any misrepresentation
or error to any person under age eighteen (18) shall be void.
(c)
Term, transfer, amendment.
(1)
A permit is valid for two (2) years from the date of its issuance.
(2)
A permit is personal to the named permit holder and is not valid
for use by any other person.
(3)
Each permit holder shall notify the police department of his new
address within ten (10) days following any change of his address.
(d)
Display.
(1)
Each manager or employee shall conspicuously display his personal
card upon his person at all times while acting as a manager or employee
of a sexually oriented business.
(2)
Each manager or employee who is required under this article to have
an on-site card shall provide his on-site card to the manager or on-site
manager in charge of the sexually oriented business to hold while
the manager or employee is on the premises.
(e)
Revocation.
In the event that the chief of police has reasonable grounds to believe that any permit holder has been convicted of or spent time in jail or prison for an offense as specified in the applicable provision of section 4.07.033(a)(10) herein within the time specified therein, then the chief of police may revoke the permit under the procedures set out in section 4.07.038.
(Ordinance 472-2009, sec. 26, adopted 2/26/09)
(a)
Any
person who violates any of the provisions of this article shall be
guilty of a misdemeanor and upon conviction shall be fined an amount
not to exceed two thousand dollars ($2,000.00) for each offense affecting
zoning, fire safety or public health and sanitation, and five hundred
dollars ($500.00) for all other offenses. Each day that a violation
is permitted to exist shall constitute a separate offense.
(b)
It
is the city’s intention to dispense with any mental element
from the definition of any prohibited act, offense, or misdemeanor
in this article for which the punishment is by a fine not exceeding
five hundred dollars ($500.00) or whenever in this article the doing
of any act is required or the failure to do any act is declared to
be unlawful and the punishment is by a fine not exceeding five hundred
dollars ($500.00). No culpable mental state will be required to prove
such a violation of this article.
(Ordinance 472-2009, sec. 27, adopted 2/26/09)
It is a defense to prosecution under sections 4.07.031, 4.07.061, 4.07.066 and 4.07.069 that a person appearing in a state of nudity or simulated nudity did so in a modeling class operated:
(1)
By
a proprietary school licensed by the state; 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 or other advertising visible from the exterior
of the structure indicating a nude or simulated nude person is available
for viewing;
(B)
Where in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
(C)
Where no more than one nude or simulated nude model is on the premises
at any one time.
(Ordinance 472-2009, sec. 28, adopted 2/26/09)
Sections 4.07.061 and 4.07.064 may be amended only after compliance with procedures required to amend a zoning ordinance. All other sections of this article may be amended by an ordinance approved by the city council.
(Ordinance 472-2009, sec. 30, adopted 2/26/09)
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this article shall be fined, upon conviction,
not more than two thousand dollars ($2,000.00) for each offense affecting
zoning, fire safety or public health and sanitation, and five hundred
dollars ($500.00) for all other offenses. Each day that a violation
is permitted to exist shall constitute a separate offense.
(Ordinance 472-2009 adopted 2/26/09)
