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 deleterious location and 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 or effect of this article to restrict or deny access by adults to distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this article to condone or legitimize the distribution of obscene materials.
(1995 Code, sec. 95.001)
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:
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 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.
Adult bookstore or adult video store.
(1) 
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(A) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, compact visual discs, digital visual discs, computer pictures, slides, or other visual representations, which depict or describe specified sexual activities or specified anatomical areas; or
(B) 
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(2) 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as either:
(A) 
Two percent (2%) or more of its gross revenue is derived from the sale or rental of the specified materials which depict or describe specified sexual activities or specified anatomical areas; or
(B) 
Two percent (2%) or more of its inventory consists of the specified materials which depict or describe specified sexual activities or specified anatomical areas.
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, 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, provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, 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;
(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 motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, compact visual discs, digital visual discs, computer pictures, 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.
Escort.
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a body rub, bathing of the body, or striptease for another person for sexual arousal.
Escort agency.
A person or business association that 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.
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.
The appearance of a human bare buttock, anus, male genitals, female genitals, or areola of the breast.
Permittee.
A person in whose name a conditional use permit to operate a sexually oriented business has been issued and the person who owns the building and/or land on which the business is located, as well as the individual listed as an applicant on the application for a permit.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and/or areola of the 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 any of the following for 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 bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
Specified anatomical areas.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Specified sexual activities.
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, 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; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area existed on the effective date of this article, or under a certificate of occupancy therefor.
Transfer of ownership or control of a sexually oriented business.
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 bequest or other operation of law upon the death of the person possessing the ownership or control.
(1995 Code, sec. 95.002)
Each sexually oriented business shall conform to all applicable ordinances, resolutions and regulations, as well as this article. Whenever both a provision of this article and any other provision of this article, or any provision in any other law, ordinance, resolution, rule or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. An ambiguity in this article shall be subject to the interpretation of the city council. The city council shall first interpret any ambiguity and issue a written interpretation of any ambiguity. Such interpretation shall be final.
(1995 Code, sec. 95.010)
(a) 
This article allows the opportunity for consideration of conditional use permits to be issued for sexually oriented businesses in light industrial district (I-1) and heavy industrial district (I-2) zoning districts only.
(b) 
The following uses may be permitted within the city by conditional use permit only in the I-1 and I-2 zoning districts:
(1) 
Adult arcades;
(2) 
Adult bookstores or adult video stores;
(3) 
Adult cabarets;
(4) 
Adult motels;
(5) 
Adult motion picture theaters;
(6) 
Adult theaters;
(7) 
Escort agencies;
(8) 
Nude model studios; and
(9) 
Sexual encounter centers.
(c) 
No use listed in subsection (b) above shall be established within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
(1) 
A church, chapel, or other regular place of religious worship;
(2) 
A public or private elementary or secondary school or institute of higher learning;
(3) 
A boundary of any residentially zoned district;
(4) 
A public park or playground;
(5) 
The property line of a lot used for residential purposes; or
(6) 
Within one thousand (1,000) feet of another sexually oriented business.
(d) 
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, or institute of higher learning, or nearest boundary of a public park or playground or residential lot, or from the closest exterior wall of the structure in which the business is proposed to be located to the nearest exterior wall of any other sexually oriented business.
(e) 
For the purposes of this section, if sexually oriented businesses cannot be located within a minimum of 3% of the existing zoning districts within the city limits, including all nonconforming use sexually oriented businesses, due to limitations as set forth in this section, the city will, upon written request from an applicant, review the current zoning districts and shall allow zoning alterations as necessary so that a minimum of 3% of the citywide zoning, cumulatively within the city limits, can be occupied by a conditional use permitted sexually oriented business, including all nonconforming use sexually oriented businesses.
(1995 Code, sec. 95.004)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, compact visual discs, digital visual discs, computer pictures, or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
(1) 
The application for a conditional use permit for a sexually oriented business shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus one (1) foot. The building official may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises is correct and has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager’s station may be made without the prior approval of an amendment to the conditional use permit.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in the above subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section.
(7) 
No viewing room may be occupied by more than one person at any time.
(8) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
(9) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) 
A person having a duty under subsections (1) through (9) of this section commits a misdemeanor if he or she knowingly fails to fulfill that duty.
(1995 Code, sec. 95.005)
It is a defense to prosecution under this article that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state, or 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 visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(B) 
Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.
(1995 Code, sec. 95.006)
(a) 
A person commits a misdemeanor if he or she:
(1) 
Operates or causes to be operated a sexually oriented business without a conditional use permit. All sexually oriented businesses shall be located within the I-1 or I-2 zoning district, unless such business qualifies as a nonconforming use.
(2) 
Operates or causes to be operated a sexually oriented business without a permit to operate a sexually oriented business.
(3) 
Operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any of the following uses in existence prior to the beginning of such business:
(A) 
A church, chapel, or other regular place of religious worship;
(B) 
A public or private elementary or secondary school or institute of higher learning;
(C) 
A boundary of any residentially zoned district;
(D) 
A public park or playground; or
(E) 
The property line of a lot used for residential purposes.
(4) 
Causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
(5) 
Causes or permits the operation, establishment, or maintenance of more than one sexually oriented business, as defined herein, in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(6) 
Displays a sign visible from the public right-of-way or an adjoining property which is obscene.
(b) 
For the purpose subsection (a)(3) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure in which any, or any part of any, sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, or institute of higher learning, the nearest boundary of a public park or playground, or residential lot, or the boundary of a residentially zoned district.
(c) 
For purposes of subsection (a)(4) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(1995 Code, sec. 95.008)
(a) 
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of this article shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed ten (10) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(b) 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of a conditional use permit for a sexually oriented business, of a church, public or private elementary or secondary school, institute of higher learning, public park or playground, or residential lot within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid permit, and does not apply when an application for a permit is submitted after a permit and/or license has expired or has been revoked.
(c) 
All nonconforming sexually oriented business uses in existence at the time of passage of this article within the city limits shall have sixty (60) days to apply for a permit to operate such sexually oriented business.
(1995 Code, sec. 95.009)
All sexually oriented businesses located within the city limits must have a conditional use permit in accordance with this article. Each owner must have filled out an application and his or her name must appear on the permit.
(1995 Code, sec. 95.007)
(a) 
A commercial establishment that is a sexually oriented business as herein defined shall at all times of operation within the city limits have a valid permit.
(b) 
A person commits an offense if that person conducts business as a sexually oriented business within the city unless a valid conditional use permit has been issued by the city for the conduct of such business.
(c) 
A person commits an offense if that person conducts business as a sexually oriented business within the city limits unless the person has a valid permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.
(d) 
Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
(1995 Code, sec. 95.007(a))
A permit or renewal shall be issued unless one (1) or more of the following conditions exists:
(1) 
The applicant has located the sexually oriented business in violation of this article, unless the business is a nonconforming use as defined herein.
(2) 
The applicant(s) failed to supply all of the information required on the application.
(3) 
The applicant, or any one applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
(4) 
The applicant, or any one applicant, has been convicted of a felony for which not less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(A) 
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(B) 
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(C) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(D) 
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(E) 
Registration as a sex offender in this or any other state (in which case the time limitations above shall apply from the time the individual ceases to be required to be registered as a sex offender); or
(F) 
Any similar offense to those described above under the criminal or penal code of another state or another political subdivision of the United States or another country, or the Code of Military Justice.
(5) 
Any application, or any one applicant, refuses to provide a complete and current NCIC and TCIC criminal history of the applicant obtained by the applicant from the state department of public safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official.
(6) 
Permit fees are not paid in full.
(1995 Code, sec. 95.007(b))
(a) 
Initial permit requests for a permit require each owner having 10% or more interest in the sexually oriented business to submit a complete application and to update the application as changes in ownership occur (herein the “applicant” or “licensee”). The information required in this section must be provided with each application and, as changes occur, updated information, within ten (10) days of any change in the information required in the application.
(b) 
The following information must be provided on the application form:
(1) 
The name and street address (and mailing address if different) of the applicant and each and every owner with greater than 10% ownership interest;
(2) 
Two copies each of recent photographs of the applicant showing full face and each side face profile;
(3) 
A complete set of fingerprints on forms from the police department;
(4) 
A complete and current NCIC and TCIC criminal history of the applicant obtained by the applicant from the state department of public safety. The criminal history must be completed within 15 days of the date the application is submitted to the building official;
(5) 
The applicant’s driver’s license number and social security number, and, if applicable, his/her state or federally issued tax identification number;
(6) 
The name under which the establishment is to be operated and a general description of the services to be provided;
(7) 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s assumed name and submit the required registration documents;
(8) 
Whether the applicant has ever been convicted, or is awaiting trial on pending charges, of a crime specified in section 4.07.053(4), and, if so, the nature of the offense(s) and the date, place, and jurisdiction of each offense;
(9) 
Whether the applicant has had a previous permit under this article or other similarly sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was permitted under a sexually oriented business ordinance whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation;
(10) 
Whether the applicant holds any other permit under this article or other similar sexually oriented business ordinance from another city or county, and, if so, the names and locations of such other permitted businesses;
(11) 
The address and legal description of the tract of land on which the establishment is to be located;
(12) 
If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the permit is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the permit is sought; and
(13) 
If the establishment is not in operation, the expected startup date (which must be expressed in number of days from the date of issuance of the permit). If the expected startup date is to be more than ten days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the construction, repair or remodeling work.
(c) 
All applications for a permit must include the following:
(1) 
If the establishment is a State of Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto.
(2) 
If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto.
(3) 
If the establishment is a limited partnership formed under the laws of the state, a certified copy of the certificate of limited partnership, together with all amendments thereto.
(4) 
If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.
(5) 
Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed along with the current address(es) and telephone number(s) of the owner(s).
(6) 
If the person(s) identified as the fee owner(s) of the tract of land are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of the establishment together with the correct address and telephone number of each person with an ownership interest in the property.
(7) 
If the property is owned by other than a natural person, the complete name, address and telephone of each person with an interest in the entity must be included in the application.
(8) 
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines of any established use listed in section 4.07.005(b) within 1,000 feet of the property to be certified. For purposes of this section, a use is considered existing or established if it is in existence at the time an application is submitted.
(9) 
The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale no smaller than 1/4 inch equals one foot and with marked dimensions of the placement of the building on the tract of land, and the interior of the premises, to an accuracy of plus or minus six inches. All locational requirements must be approved by the building official within 60 days from the time the application is filed.
(10) 
Any of items in subsections (1) through (9) above will not be required for a renewal application if they were previously presented and the applicant states that the documents previously furnished to the building official with the original application or previous renewals thereof remain correct and current.
(d) 
Every application for a permit must contain a statement made under oath that:
(1) 
The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and
(2) 
The applicant has read the provisions of this article.
(e) 
The applicant for a sexually oriented business permit must be qualified according to the provisions of this article.
(f) 
If the applicant who wishes to operate a sexually oriented business is an individual, that individual must sign the application for a permit as applicant. If the applicant who wishes to operate a sexually oriented business is other than an individual, each individual who has greater than a 10% interest in the business must sign and provide all the information required by the application for a permit as an applicant and will be considered an operator if a permit is granted.
(g) 
The fact that a person possesses any other valid permit, certificate or license required by law does not exempt him from the requirement of obtaining a sexually oriented business permit. A person who operates a sexually oriented business and possesses another business permit, certificate or license must comply with the requirements and provisions of this article as well as the requirements and provisions of the law concerning the other permit, certificate or license.
(h) 
All applications must include a nonrefundable application fee of $2,500.00. An application will not be considered to have been filed until all applicable fees are paid and all information required by the application form has been submitted.
(i) 
The applicant must supplement an application with new information received after the date the application was deemed completed. Permittees must supplement application information within ten (10) days of any change in information provided in the application.
(j) 
All sexually oriented businesses located within the city and in operation as a lawful use conforming to the zoning ordinance before the effective date of this article are granted a one-time waiver of the application fee. Upon satisfactory completion of the application and surrender of the existing business’s current certificate of occupancy, a new permit will be issued.
(k) 
A copy of all applications and supporting documentation for permits will be maintained by the building official.
(l) 
Upon receipt of an application or supplemental information, the building official will review the application to determine if all required and necessary information has been submitted. The building official will issue a letter within a reasonable time after receipt of the application or supplemental information and advise the applicant whether supplemental information must be submitted. The applicant must provide any supplemental information within 30 days or the application will be returned and the filing fee forfeited.
(1995 Code, sec. 95.007(c))
(a) 
After the building official has issued a letter advising the applicant that the application is complete, the building official will cause signs (at least 24 inches by 36 inches in size) to be placed on the property subject to the proposed special use license of occupancy that provide notification by specifically stating, with letters at least three inches wide and six inches tall, “SEXUALLY ORIENTED BUSINESS PERMIT APPLICATION PENDING.” All lettering on the signs other than above-described will be at least 1-1/2 inches by 2 inches in size for each letter on the sign. The sign will also include the name, city and state of residence of each applicant, the date on which the application was filed, and the time and place of the hearings. The signs will be placed on the property in sufficient quantities and locations to identify the property as being subject to a proposed sexually oriented conditional use permit of occupancy. One sign will be erected on each lot corner to identify the boundaries of the property in addition to one sign for each 300-foot increment of each public road or highway frontage on the property existing or any part thereof. The signs will be erected within seven days after the building official has issued a letter advising the applicant that the application is complete and will remain erected until the application has been approved or denied by the city council.
(b) 
Before authorization of any sexually oriented business permit, public notice shall be given and public hearings shall be held as provided in chapter 211, Tex. Loc. Gov’t. Code. The public notices shall include:
(1) 
The fact that a sexually oriented business permit has been applied for;
(2) 
The exact location, including the street address, of the place of business for which the permit is sought;
(3) 
The names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners;
(4) 
If the applicant is a corporation, the names and titles of all officers, directors and shareholders of 10% or more of the corporation; and
(5) 
The dates and times of the public hearings.
(1995 Code, sec. 95.007(d))
Permits shall be valid for one (1) year from the issuance of the permit. Permits must be renewed annually by all owners of the sexually oriented business. Failure to renew the permit voids the permit.
(1995 Code, sec. 95.007(e))
A permit is personal to the owner designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within thirty (30) days of any change of owner designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.
(1995 Code, sec. 95.007(f))
Any violation of this article shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:
(1) 
The permittee(s) have located the sexually oriented business in violation of this article, unless the business is a nonconforming use as defined herein.
(2) 
The permittee(s) failed to supply all of the information required on the renewal application.
(3) 
The permittee(s) gave fraudulent or untruthful information on the renewal application. This does not apply to clerical errors.
(4) 
The permittee, or any one permittee, has been convicted of a felony for which not less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
(A) 
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(B) 
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(C) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
(D) 
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(E) 
Any similar offense to those described above under the criminal or penal code of another state or another political subdivision of the United States or another country, or the Code of Military Justice.
(5) 
More than four criminal offenses are committed on the permitted premises in any consecutive twelve-month period which fall in one or more of the following categories:
(A) 
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
(B) 
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
(C) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code; or
(D) 
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
(6) 
Any person under the age of eighteen, not otherwise permitted by the laws of the state to view the material contained on the premises, is permitted to enter the premises.
(1995 Code, sec. 95.007(g))
(a) 
All denials and revocations of permit applications and renewals must be appealed to the city council.
(b) 
If an applicant for issuance or renewal of a permit is denied a permit or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten (10) days to appeal the decision to the city council.
(c) 
The appeal of a revocation of a permit to the city council shall abate the revocation of the permit until such time as the city council may hold a public hearing.
(1995 Code, sec. 95.007(h))
Each application for a license, including annual renewal or transfer, shall be accompanied by a $2,500.00 application fee for a license. In addition to the fees required for an initial license, the applicant at the time of making an initial application shall pay a fee of $750.00, as the estimated costs of professional fees for the city to conduct a survey (the “survey fees”) to ensure the proposed sexually oriented business is in compliance with the location restrictions set forth in section 4.07.005. The city shall refund any unused portions of the $750.00 or bill the applicant for additional professional fees. The applicant shall pay all professional fees of the city. Should a permitted sexually oriented business enlarge by adding additional square footage to enlarge the actual building, the applicant shall pay the survey fees to permit the city to conduct a survey to ensure the enlargement will not come within the prohibited distance established in section 4.07.005. Additionally, for each applicant identified thereon, there shall be an additional $25.00 fee.
(1995 Code, sec. 95.007(i))