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.”
Adult arcade.
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.
Adult bookstore.
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.
Adult cabaret.
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.
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, 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;
(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 subrent the room for a period of time that is less than ten (10) hours.
Adult movie theater.
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.
Adult novelty store.
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:
(1) 
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
(2) 
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.
Adult service establishment.
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.
Adult video store.
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.
Chief of police.
The chief of police of the City of Joshua or the chief’s designated representative.
Customer.
Any person who:
(1) 
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;
(2) 
Enters a sexually oriented business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment, or other services offered therein; or
(3) 
Is a member of and on the premises of a sexually oriented business operating as a private club.
Employee.
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.
Escort.
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.
Escort agency.
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.
Licensee.
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.
Licensed day-care center.
A day-care center as defined in section 3-3 of the city’s zoning ordinance.
Manager.
Any person who:
(1) 
Supervises, directs or manages any employee of a sexually oriented business; or
(2) 
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.
Nude modeling studio.
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.
Nudity or state of nudity.
Less than completely and opaquely covered:
(1) 
Human genitals, pubic region, or pubic hair;
(2) 
All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast;
(3) 
Human buttock; or
(4) 
Any combination of the above.
Operated 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, licensee, or manager of the establishment.
Person.
An individual, firm, association, organization, partnership, trust, foundation, company or corporation.
Regularly.
Featuring, promoting, or advertising a happening or occurrence on a recurring basis.
Residential district.
A district zoned for residential uses under the zoning ordinance of the city.
Residential use.
A one-family, townhouse, duplex, triplex, fourplex, mobile home, manufactured home, or multiple-family dwelling as defined in the zoning ordinance of the city.
Sex parlor.
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.
Sexual encounter center.
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.
Sexually oriented business.
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:
(1) 
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”;
(2) 
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.);
(3) 
The percentage of the business’s overall sales or revenues attributable to sexually explicit content; and
(4) 
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.
The term “sexually oriented business” shall not be construed to include:
(1)
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;
(2)
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;
(3)
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:
(A)
Materials of any kind containing depictions of specified anatomical areas; or
(B)
Instruments, devices, or paraphernalia which are designed or manufactured for use in connection with specified sexual activities; or
(4)
Any activity conducted or sponsored by any Texas Independent School District, licensed or accredited private school, or public or private college or university.
Simulated nudity.
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.
Specified anatomical areas.
Human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola.
Specified sexual activities.
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality;
(3) 
Masturbation, actual or simulated; or
(4) 
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.
(3) 
In any prosecution under subsection (a) above, it shall be presumed that the actor did not have a permit unless the permit was in display as required under subsection (1) above.
(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.
(f) 
Appeals.
If the chief of police is authorized to deny the issuance of a permit, or revoke a permit as provided in this section, the applicant or permittee may appeal the decision of the chief of police in accordance with the procedures 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)