(a)
It
is the purpose of this article to regulate sexually oriented businesses
in order 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 neither 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.
(b)
It
is the intent of the city council that the locational regulations
of the applicable sections of this article are promulgated pursuant
to chapter 243 of the Texas Local Government Code.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(100))
In this article, the following words and terms shall have the
meanings ascribed to them in this section, unless the context of their
usage clearly indicates another meaning. Words not otherwise defined
in this section shall have the meanings stated in the latest publication
of Webster’s Collegiate Dictionary, or meanings stated in the
Texas Penal Code, or any rules or regulations of any administrative
agency, board or branch of the state, or any rules, regulations or
codes of the city.
means colorless, lacking in saturation or hue. Without limitation,
gray shall be included, but white and black shall be excluded from
the definition of achromatic.
means any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five (5) or fewer persons per machine at any one (1) time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of “specified sexual activities”
or “specified anatomical areas.”
means a commercial establishment that as one of its principal
business purposes offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations, that depict or describe “specified
sexual activities” or “specified anatomical areas”;
or
Instruments, devices or paraphernalia that are designed for
use in connection with “specified sexual activities.”
means a nightclub, bar, restaurant, or similar commercial
establishment that regularly features:
Persons who appear in a state of nudity or semi-nudity, including
topless dancers, nude dancers, strippers, waiters, waitresses or servers,
male or female;
Live performances that are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities”; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
means an establishment whose primary business is the provision
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.
means an adult cabaret, as defined above, which is a permitted
or licensed premises pursuant to the Texas Alcoholic Beverage Code,
where alcoholic beverages may be served or sold.
means a hotel, motel or similar commercial establishment
that:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
that 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 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.
means a commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are shown that are characterized by the depiction or
description of “specified sexual activities” or “specified
anatomical areas.”
means a theater, concert hall, auditorium, or similar commercial
establishment that 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.”
means the applicant for a permit under this article, who
shall be the intended operator of the enterprise.
means a building used as a day nursery, children’s
boarding home, child placement agency, or religious or charitable
encampment for children, or any other place for the care or custody
of children under sixteen (16) years of age.
means a building in which persons regularly assemble for
worship, intended primarily for purposes connected with faith, or
for propagating a particular form of belief.
means a building or structure (including a shopping mall
or strip shopping center) containing three (3) or more separate premises,
each of which is offered by lease or otherwise for separate occupancy
or control and each of which occupies an enclosed area having its
own door or entranceway opening onto public property, a public way
or a common area.
means the doing of any one or more of the following by any
person, who shall be deemed to be conducting business in an enterprise:
Operating a cash register, cash drawer or other depository on
the enterprise premises where cash funds or records of credit card
or other credit transactions generated in any manner by the operation
of the establishment or the activities conducted therein are kept;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services offered on the enterprise premises;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services offered on the enterprise premises;
Acts as a door attendant to regulate entry of customers or other
persons into the enterprise premises; or
Supervises or manages other persons in the performance of any
of the foregoing activities on the enterprise premises.
means any person, other than an employee, who:
Is allowed to enter an enterprise in return for the payment
of an admission fee or any other form of consideration or gratuity;
Enters an enterprise 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 an enterprise operating
as a private club.
means the city manager or such employees, officers or agents
of the city as he may designate to perform the duties of the director
under this article.
means the entire surface of a sign, on one side, devoted
to exhibiting advertising. The display surface shall not include the
sign frame and incidental supports thereto.
means any person who renders any service whatsoever to the
customers of an enterprise or who works in or about an enterprise
and who receives compensation for such service or work from the operator
or owner of the enterprise or from the customers therein.
means an adult cabaret, adult encounter parlor, adult lounge,
adult modeling studio, adult bookstore, adult movie theater, or any
establishment or activity whose major business is the offering to
customers of a product or service which is intended to provide sexual
stimulation or sexual gratification to such 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. An enterprise may be conducted regularly at a specific
location, or may be offered by individuals, for compensation, as a
service intended to provide sexual stimulation or sexual gratification
at any location in the city, the operation of which is not otherwise
specifically limited or excluded in the terms of this article.
means any act or performance, such as a play, skit, reading,
revue, pantomime, scene, song, dance, musical rendition or striptease,
whether performed by employees, agents, contractors or customers.
The term shall also mean bartenders, waiters, waitresses or other
employees exposing specified anatomical areas or engaged in specified
sexual activities in the presence of customers.
means 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 striptease
for another person.
means a person who, or business association that, furnishes,
offers to furnish, or advertises to furnish escorts as one of its
business purposes, for a fee, tip, or other consideration.
means and includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
means any part of the physical structure of an enterprise,
including a wall, veneer, door, fence, roof, roof covering or window,
which is visible from any public way or public property.
means any place where a person who appears in a state of
nudity or semi-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.
means:
means to cause to function or to put or keep in operation.
A person may be found to be operating or causing to be operated a
sexually oriented business whether or not that person is an owner,
part owner, or permittee of the business. Further, a person may be
found to be operating or causing to be operated a sexually oriented
business when offering, for compensation, a service intended to provide
sexual stimulation or sexual gratification to patrons at any location
in the city, including but not limited to an establishment as described
above. The term shall not, however, include any business operated
by or employing licensed psychologists, licensed physical therapists,
licensed athletic trainers, licensed cosmetologists or licensed barbers
performing functions authorized under the licenses held for such occupations
and professions; any business operated by or employing licensed physicians
or licensed chiropractors engaged in practicing the healing arts;
any retail establishment whose major business is the offering of wearing
apparel for sale to customers; or a massage establishment or tanning
facility properly registered or licensed as required by law.
means the manager or other natural person principally in
charge of an enterprise.
means the proprietor of a sole proprietorship, all partners
(general and limited) of a partnership, or all officers, directors
and other persons holding ten percent or more of the outstanding shares
of a corporation.
means a current, valid sexually oriented business permit
issued by the city secretary pursuant to the terms of this article
to an operator for an enterprise.
means a person in whose name a permit to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a license.
means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
means a publicly owned or leased tract of land, within the
corporate limits of the city, designated, dedicated, controlled, maintained
and operated for use by the general public for active or passive recreational
or leisure purposes by the city or any political subdivision of the
state and containing improvements, pathways, access or facilities
intended for public recreational use. The term “public park”
shall not include parkways, public roads, rights-of-way, esplanades,
traffic circles, easements or traffic triangles unless such tracts
or areas contain and provide improvements or access to a recreational
or leisure use by the public.
means a single-family, duplex, townhouse, multiple-family
or mobile home district or area so designated by such uses.
means property used for single-family, duplex, multiple-family,
mobile home park, mobile home subdivision, or campground purposes.
means any public or private learning center, elementary school,
secondary school, junior college, community college, college, university
or other center for post-secondary education.
means a state of dress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breasts, as
well as portions of the body covered by supporting straps or devices.
means a business or commercial enterprise that, as one of
its primary business purposes, offers for any form of consideration:
means 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, and
shall include a tattoo parlor, massage parlor or tanning parlor offering
similar services.
means any display, design, pictorial or other representation
which is so constructed, placed, attached, painted, erected, fastened,
or manufactured in any manner whatsoever so that the same is visible
from the outside of an enterprise and that is used to seek the attraction
of the public to any goods, services, or merchandise available at
such enterprise. The term “sign” shall also include such
representations painted on or otherwise affixed to any exterior portion
of an enterprise as well as such representations painted on or otherwise
affixed to any part of the tract upon which such an enterprise is
situated. This definition shall include and encompass all definitions
contained in the sign regulations of the city.
means:
Less than completely and opaquely covered human genitals, public
region or pubic hair; buttock; female breast or breasts below a point
immediately above the top of the areola; or any combination of the
foregoing; or
Human male genitalia in a discernibly erect state, even if completely
and opaquely covered.
means and includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated;
Human genitals in a discernible state of sexual stimulation
or arousal;
Excretory functions as part of or in connection with any of
the above activities; or
Any combination of the foregoing.
means the increase in floor area occupied by the business
by more than twenty (20) percent, as the floor area existed on the
date of the enactment of this article.
means and includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities that constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift or other similar legal device
that 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.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(101))
Sexually oriented businesses are classified as establishments
or operation of businesses as follows:
(1)
Adult
arcades;
(2)
Adult
bookstores or adult video stores;
(3)
Adult
cabarets;
(4)
Adult
motels;
(5)
Adult
motion picture theaters;
(6)
Adult
theaters; and
(7)
Tattoo
parlors, tanning parlors and massage parlors offering services similar
to those businesses listed above.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(102))
(a)
Except as provided by subsection (b) of this section, any person violating the provisions of this article relating to location of sexually oriented businesses, upon conviction, is punishable by a fine in accordance with state law for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b)
If
the sexually oriented business involved is a nude model studio or
sexual encounter center, operation of such establishment without a
valid permit or violating the provisions of this article relating
to location of sexually oriented businesses is punishable as a class
A misdemeanor.
(c)
Except as provided by subsection (b) above, any person violating a provision of this article other than violation of provisions relating to location of sexually oriented businesses is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d)
It
is a defense to prosecution for a violation of operating a sexually
oriented business without valid permit, for a violation of provisions
relating to location of sexually oriented businesses or for violation
of additional regulations of nude model studios as contained in this
article that a person appearing in a state of nudity or semi-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 visible from the exterior of the structure and
no other advertising that indicates a nude or semi-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 (1) nude or semi-nude model is on the premises
at any one time.
(e)
It
is a defense to prosecution of a violation of operating a sexually
oriented business without a valid permit or for violation of provisions
relating to location of sexually oriented businesses of this article
that each item of descriptive, printed, film, or video material offered
for sale or rental, taken as a whole, contains serious literary, artistic,
political or scientific value.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(129); Ordinance adopting 2015 Code)
A person who operates or causes to be operated a sexually oriented
business without a valid permit or in violation of provisions relating
to location of sexually oriented businesses of this article is subject
to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(130))
(a)
A
person commits an offense if the person operates or causes to be operated
a sexually oriented business within one thousand five hundred feet
(1,500') of:
(b)
A
person commits an offense if he or she causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business located within one thousand
five hundred feet (1,500') of another sexually oriented business.
(c)
A
person commits an offense if he or she causes or permits the operation,
establishment, or maintenance of more than one (1) sexually oriented
business 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.
(d)
For the purpose of subsection (a) 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, school, child care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e)
For the purposes of subsection (b) of this section, the distance between any two (2) 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.
(f)
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of subsection (a), (b) or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed twelve (12) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand five hundred feet (1,500) 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(es) is nonconforming.
(g)
A
sexually oriented business lawfully operated as a conforming use is
not rendered a nonconforming use by the location, subsequent to the
grant or renewal of the sexually oriented business permit, of a church,
school, child care facility, public park, residential district, or
residential lot, or any building or structure in which alcoholic beverages
are offered for sale, within one thousand five hundred feet (1,500')
of the sexually oriented business. This provision applies only to
the renewal of a valid license, and does not apply when an application
for a permit is submitted after a permit has expired or has been revoked.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(116))
(a)
If
the city secretary denies the issuance of a permit to an applicant
because the location of the sexually oriented business establishment
is in violation of any section of this article, then the applicant
may, not later than ten (10) calendar days after receiving notice
of the denial, file with the city secretary for the consideration
of the city council a written request for an exemption from the locational
restrictions of this article.
(b)
If
the written request is filed with the city secretary for the consideration
of the city council within the ten-day limit, the request shall be
set on the agenda for consideration by city council such that a public
hearing can be had within sixty (60) days from the date the written
request is received.
(c)
A
public hearing may then commence if a quorum of the city council is
present, and the council shall hear and consider evidence and comments
offered by any interested person. The formal rules of evidence do
not apply.
(d)
After
the public hearing, the city council may, in its discretion, grant
an exemption from the locational restrictions of this article if it
makes the following findings:
(1)
That the location of the proposed sexually oriented business will
not have a detrimental effect on nearby properties or be contrary
to the public safety or welfare;
(2)
That the granting of the exemption will not violate the spirit and
intent of this article;
(3)
That the location of the proposed sexually oriented business will
not downgrade the property values or quality of life in the adjacent
areas or encourage the development of urban or rural blight;
(4)
That the location of an additional sexually oriented business in
the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any efforts of urban renewal or restoration;
and
(5)
That all other applicable provisions of this article will be observed.
(e)
The
city council shall grant or deny the exemption by a majority vote.
Failure to reach a majority vote shall result in denial of the exemption.
Disputes of fact shall be decided on the basis of a preponderance
of the evidence. The decision of the city council is final.
(f)
If
the city council grants an exemption, the exemption is valid for one
(1) year from the date of the city council’s action. Upon the
expiration of an exemption, the sexually oriented business is in violation
of the locational restrictions of this article until the applicant
applies for and receives another exemption.
(g)
If
the city council denies the exemption, the applicant may not reapply
for the exemption until at least twelve (12) months have elapsed since
the date of the city council’s action.
(h)
The
grant of an exemption does not exempt the applicant from any other
provisions of this article other than the locational restrictions.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(117))
(a)
A
person commits an offense if he or she knowingly allows a person under
the age of eighteen (18) years to appear in a state of nudity or semi-nudity
in or on the premises of an adult theater or adult motion picture
theater.
(b)
A
person under the age of eighteen (18) years commits an offense if
he or she knowingly appears in a state of nudity or semi-nudity in
or on the premises of an adult theater or adult motion picture theater.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(118))
(a)
Evidence
that a sleeping room in a hotel, motel or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this article.
(b)
A
person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have a sexually oriented business license, he or she rents or
subrents a sleeping room to a person and, within ten (10) hours from
the time the room is rented, he or she rents or subrents the same
sleeping room again.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(119))
(a)
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, or other video reproduction which depicts specified
sexual activities or specified anatomical areas, shall comply with
the following requirements:
(1)
Upon application for a sexually oriented business permit, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager’s stations,
the location of all overhead lighting fixtures and switches, which
lights are controlled by which switches, and designating any portion
of the premises in which patrons will not be permitted. Only agents
or employees shall have access to light switches. 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 six inches (6'). The city
secretary may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration for the premises 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 prior approval of the city secretary.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one (1) 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 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 (2) 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 (1) 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 owner and operator, and it also shall be the duty of any agent and employee present in the premises, to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any door, wall, merchandise, display rack or other materials at all times that any patron is present on the premises 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 (a)(1) of this section.
(7)
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.
(8)
It shall be the duty of the owner and operator and it shall also
be the duty of any agent or employee present on the premises to ensure
that the illumination described above is maintained at all times that
any patron is present on the premises.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(120))
(a)
It
shall be unlawful to allow a person who is younger than eighteen (18)
years of age to enter or to be on the premises of an enterprise at
any time that the enterprise is open for business.
(b)
It
shall be the duty of the operator of each enterprise to ensure that
an attendant is stationed at each public entrance to the enterprise
at all times during such enterprise’s regular business hours.
It shall be the duty of the attendant to not allow any person under
the age of eighteen (18) years to enter the enterprise. It shall be
presumed that an attendant knew a person as under the age of eighteen
(18) unless such attendant asked for and was furnished:
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(121))
(a)
A
person commits an offense if, in a business establishment open to
persons under the age of seventeen (17) years, he displays a book,
pamphlet, newspaper, magazine, film, or videocassette, the cover of
which depicts, in a manner calculated to arouse sexual lust or passion
for commercial gain or to exploit sexual lust or perversion for commercial
gain, any of the following:
(1)
Human sexual intercourse, masturbation or sodomy;
(2)
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts;
(3)
Less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areola;
or
(4)
Human male genitals in a discernibly turgid state, whether covered
or uncovered.
(b)
In
this section, “display” means to locate an item in such
a manner that, without obtaining assistance from an agent or employee
of the business establishment:
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(122))
(a)
Any
notice required or permitted to be given by the city secretary or
any other city office, division, department or other agency under
this article to any applicant, operator or owner of an enterprise
may be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the permit
or transfer application which has been received by the city secretary,
or any notice of address change which has been received by the city
secretary. Notices mailed as above shall be deemed given upon their
deposit in the United States mail. If any notice given by mail is
returned by the postal service, the director shall cause it to be
posted at the principal entrance to the establishment.
(b)
Any
notice required or permitted to be given to the city by any person
under this article shall not be deemed given until and unless it is
received in the office of the city secretary at the time and in the
manner provided for the filing of applications as specified in this
article.
(c)
It
shall be the duty of each owner who is designated on the permit application
and each operator to furnish notice to the city secretary in writing
of any change of residence or mailing address.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(123))
If not otherwise specifically identified in the terms of this
article as a violation, the following shall be violations of this
article. Each day a violation continues constitutes and is punishable
as a separate offense.
(1)
For
any employee, owner or operator to allow any person below the age
of eighteen (18) years to remain upon the premises or within the confines
of the enterprise during the hours of operation;
(2)
For
any person to be at an enterprise in a state of nudity; however, private
rooms at adult motels and employee designated dressing rooms that
are not visible or accessible to patrons are excepted from this prohibition;
(3)
For
any employee, owner or enterprise operator to request or suggest that
any patron or employee become nude at the premises of the enterprise;
(4)
For
any person to engage in, or any employee, owner, or enterprise operator
to allow another person to engage in, sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or any other public
sexual act prohibited by law, or act which stimulates the aforesaid,
at or in a permitted premises;
(5)
For
any enterprise to exhibit advertisements, displays or other promotional
materials at the premises that are characterized by specified sexual
activities or specified anatomical areas and are visible from a public
road, sidewalk or other public place;
(6)
For
any person to conduct business as an enterprise in the city without
a valid permit issued in accordance with this article;
(7)
For
any person to counterfeit, forge, change, deface, duplicate or alter
a permit;
(8)
For
any person to knowingly make any false, fraudulent or untruthful material
representation, written or oral, or in any other way knowingly conceal
any material fact required in the permit application;
(9)
For
the owner or enterprise operator to fail to comply with the conditions
attached to the permit, each and every day the enterprise fails to
comply with such condition specifically constituting a violation of
this article;
(10)
For any employee of an enterprise to provide materially false identification
information to an enterprise required to keep records of said employee
as provided in this article;
(11)
For any person to attempt to transfer, assign or devise a permit;
(12)
For any person performing at an enterprise to do so less than six
(6) feet from the nearest patron and on a stage less than twenty-four
(24) inches above floor level;
(13)
For the owner or enterprise operator to allow any location within
the enterprise to be used for the purpose of live exhibitions unless
it is marked with clear indications of the six (6) foot zone; the
absence of this demarcation will create a presumption that there have
been violations of this article during performance in the unmarked
area;
(14)
For any person to offer or accept a gratuity at an enterprise unless
it is done pursuant to this section; specifically, gratuities being
offered to any person performing on a stage must be placed in a receptacle
provided for receipt of gratuities, and a tip or gratuity offered
to any employee in or about the non-stage area of the enterprise shall
be placed into the hand of the employee or into a receptacle provided
by the employee and not upon the person or into the clothing of the
employee.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(124))
The following categories of sexually oriented enterprises are
prohibited in the city: adult modeling studios, escort agencies, escorts,
adult encounter centers, any establishment whose employees appear
in a state of total nudity, and any enterprise that provides services
in a state of total nudity.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(125))
An establishment or enterprise has the duty to maintain and
make available a time record reflecting the times and dates each enterprise
operated at a given location. The city secretary will provide a standard
format for these records which shall require a sign-in/sign-out sheet
and notation of the permit number of each enterprise to be operated.
These records shall be available for inspection by the chief of police
during the hours of operation of the enterprise. These records shall
be retained for at least a period of two (2) years from creation.
Upon written request, the enterprise has a duty to provide a copy
of the records to the city secretary within seven (7) days of the
request. It shall be a violation of this article to falsify these
records. Each location of an establishment is a separate enterprise
for the purposes of this article. A separate application and permit
shall be required for each enterprise. An individual who provides
an individual enterprise service as defined hereunder shall be issued
a single permit, and shall be required to wear a clearly visible badge
issued by the city secretary showing the number at any time he or
she is conducting business as an enterprise as defined in this article.
An enterprise operating without a permit is a public nuisance enjoinable
under this article.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(126))
(a)
It
shall be unlawful for an owner or operator of an enterprise to allow
any merchandise or activities of the enterprise, irrespective of whether
such merchandise or activities are intended to provide sexual stimulation
or sexual gratification or whether they are distinguished by or characterized
by an emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas, to be visible from
any point outside such enterprise.
(b)
It
shall be unlawful for the owner or operator of an enterprise to allow
the exterior portions of the enterprise to have flashing lights, or
any words, lettering, photographs, silhouettes, drawings or pictorial
representations of any manner, except to the extent permitted by the
provisions of this article.
(c)
It
shall be unlawful for the owner or operator of an enterprise to allow
exterior portions of the enterprise to be painted any color other
than a single achromatic color. This provision shall not apply to
any enterprise if the following conditions are met:
(1)
The enterprise is a part of a commercial multi-unit center; and
(2)
The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the enterprise, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
(d)
Nothing
in this section shall be construed to require the painting of an otherwise
unpainted exterior portion of an enterprise.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(127))
(a)
Notwithstanding
the sign regulations of any other city ordinance, code or regulation
to the contrary, it shall be unlawful for the owner or operator of
any enterprise or any other person to erect, construct or maintain
any sign for the enterprise that:
(b)
(c)
Each
letter forming a word on a sign shall be of solid color, and each
such letter shall be the same print type, size and color. The background
behind such lettering on the display surface of a primary sign shall
be of a uniform and solid color.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(128))
(a)
A
person commits an offense if he operates a sexually oriented business
without a valid permit issued by the city for the particular type
of business.
(b)
An application for a permit must be made on a form provided by the city secretary. The application form shall be sworn to and shall (i) include the name and address of the applicant, (ii) state whether the applicant meets each of the requirements set forth in the provisions for issuance of permit as specified in this article, (iii) include the name and address of each person required to sign the application as provided in subsection (d) below, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person that owns or controls an interest in the business to be permitted, and (4) include such other matters, consistent with this article, as may be specified in the application form. 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 or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with the provisions of this article relating to exhibition of sexually explicit films or videos shall submit a diagram meeting the requirements of the regulations pertaining to exhibition of sexually explicit films or videos as specified in this article.
(c)
The
applicant must be qualified according to the provisions of this article
and the premises must be inspected and found to be in compliance with
the law by the chief of police.
(d)
If
a person who wishes to operate a sexually oriented business is an
individual, he or she must sign the application for a permit as applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who has a twenty percent
(20%) or greater interest in the business must sign the application
for a permit as applicant. Each applicant must be qualified under
the provisions of this article following which relate to issuance
of permit, and each applicant shall be considered a permittee if a
permit is granted.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(103))
(a)
The
city secretary shall approve the issuance of a permit to an applicant
within thirty (30) days after receipt of an application unless the
chief of police finds one or more of the following to be true:
(1)
An applicant is under eighteen (18) years of age.
(2)
An applicant or an applicant’s spouse is overdue in payment
to the city, to another city within the county, or to the county of
taxes, fees, fines, or penalties assessed against or imposed upon
the applicant or the applicant’s spouse in relation to a sexually
oriented business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the permit or has falsely answered a question or request
for information on the application form.
(4)
An applicant or an applicant’s spouse has been convicted of
a violation of a provision of this article, other than the offense
of operating a sexually oriented business without a permit, within
two (2) years immediately preceding the application. The fact that
a conviction is being appealed shall have no effect.
(5)
The permit fee required by this article has not been paid.
(6)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding twelve (12) months and
has demonstrated an inability to operate or manage a sexually oriented
business premises in a peaceful and law-abiding manner, thus necessitating
action by law enforcement officers.
(7)
An applicant or the proposed establishment is in violation of or
is not in compliance with the sections of this article related to
inspection, transfer of permit, location of sexually oriented business,
regulations for adult theaters and adult motion picture theaters,
regulations for adult motels, regulations pertaining to exhibition
of sexually explicit films or videos, or regulations pertaining to
display of sexually explicit material to minors as contained in this
article.
(8)
The premises to be used for the sexually oriented business are not
in compliance with all applicable city ordinances, regulations or
ordinances, or all applicable county laws, regulations and commissioners’
court orders.
(9)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(i)
Any of the following offenses as described in chapter 43 of
the Texas Penal Code:
a.
Prostitution;
b.
Promotion of prostitution;
c.
Aggravated promotion of prostitution;
d.
Compelling prostitution;
e.
Obscenity;
f.
Sale, distribution, or display of harmful material to a minor;
g.
Sexual performance by a child;
h.
Employment harmful to children; or
i.
Possession or promotion of child pornography;
(iii)
Sexual assault or aggravated sexual assault as described in
chapter 22 of the Texas Penal Code;
(iv)
Incest, solicitation of a child or harboring a runaway child
as described in chapter 25 of the Texas Penal Code;
(v)
Gambling, gambling promotion, keeping a gambling place, communicating
gambling information, possession of gambling devices or equipment
or possession of gambling paraphernalia as described in chapter 47
of the Texas Penal Code;
(vi)
Forgery, credit card abuse or commercial bribery as described
in chapter 32 of the Texas Penal Code;
(vii)
A criminal offense described in chapter 481, subchapter D of
the Health and Safety Code;
(viii)
A criminal offense described in chapter 34 of
the Texas Penal Code; or
(ix)
Criminal attempt, conspiracy, or solicitation to commit any
of the foregoing offenses;
(B)
For which:
(i)
Less than two (2) years have elapsed since [the date of conviction
or] the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since [the date or conviction
or] the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two (2) or
more misdemeanor offenses or a combination of misdemeanor offenses
occurring within any 24-month period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or the applicant’s spouse.
(c)
The
permit, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business. The permit shall be posted in a
conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(104))
(a)
Applications
for sexually oriented business permits required by this article, whether
original or renewal, must be made to the city secretary by the intended
operator of the enterprise on forms prescribed and supplied by the
city secretary. Each application shall be verified under oath and
submitted by hand delivery to the office of the city secretary during
regular working hours. The intended operator/applicant shall be required
to give and verify the following information on the application form:
(1)
All applications shall provide the following information. The information
provided in subsections (A) and (B) shall be made available to the
public when an application is received:
(A)
The full legal name and any other name used by the applicant.
(B)
A general description of the enterprise, which shall include the
address of the establishment and the services and products which will
be offered. A permit for an establishment shall be valid only for
the address provided in the application. An application for a permit
for an enterprise shall contain the residential address of the applicant.
(C)
The applicant’s complete business license or permit history,
including any permit or license which has been issued to the applicant
by any agency, board, city, county or state, and any professional
or vocational license or permit. This shall include those which have
expired or are currently in effect and shall include any license or
permit that has been denied, or was issued to the applicant and subsequently
revoked or suspended. If there have been licenses or permits which
were denied, revoked or suspended, the permit history shall include
the reason for that action.
(D)
If the applicant intends to operate the enterprise under an assumed
name, a copy of the assumed name certificate filed in compliance with
chapter 36 of the Texas Business and Commerce Code. If the enterprise
is licensed under the Texas Alcoholic Beverage Code, the application
shall be filed and the enterprise shall conduct business under the
name shown on the liquor license. If the applicant is an individual,
the applicant’s valid driver’s license number or state
department of transportation identification card number shall be included.
(E)
A nonrefundable fee, established by the city council, shall be paid
in the form of a money order or cashier’s or bank check.
(F)
A statement under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct, and that the applicant has
read and understands the requirements of this article.
(G)
The applicant shall authorize the city secretary to seek information
to confirm any statements set forth in the application.
(2)
If the applicant is an individual, the applicant shall also provide:
(A)
Each of the applicant’s residential addresses for the three
years immediately preceding the date of the application, indicating
the dates of each residence and including the present address and
telephone number of the applicant.
(B)
The applicant’s business, occupation and employment history
for the three years immediately preceding the date of application,
indicating the applicable dates and addresses.
(C)
Documentation that the applicant is at least eighteen (18) years
of age.
(D)
The applicant’s height, eye color and natural hair color; and
two photographs, as specified by the city secretary, one of which
shall be affixed to the permit and one of which shall be retained
by the city secretary. New photographs may be required by the city
secretary upon application for renewal of the permit.
(E)
The applicant’s criminal history, which shall consist of a
statement of any and all criminal convictions (exclusive of class
C traffic violations) and the date and place thereof, and any charge
to which the applicant entered a plea of nolo contendere or for which
the applicant received deferred adjudication.
(F)
The city secretary may require the applicant to furnish fingerprints
for the purpose of establishing identification.
(G)
Other identification and information as reasonably necessary in order
to confirm the validity of information provided in the application.
(H)
A mailing address where the applicant can be reliably contacted.
(3)
If the applicant is a corporation, partnership, joint venture or
other similar business entity, the applicant shall also include:
(A)
A Texas corporation shall provide a copy of the articles of incorporation
with amendments, names and residential addresses of all current officers
and directors, and the name and address of each stockholder holding
more than five percent of the stock of the corporation. A foreign
corporation shall provide a copy of the certificate of authority to
transact business in Texas, with all amendments, names and residential
addresses of current officers and directors, and names and addresses
of each stockholder holding more than five percent of the stock of
the corporation.
(B)
A general or limited partnership shall provide the name and residential
address of each partner, including limited partners, and, if the applicant
is a limited partnership, a copy of the certificate of limited partnership
filed with the secretary of state, with amendments. If one or more
of the partners is a corporation, the information required of corporate
applicants shall be included in the application in addition to these
requirements.
(C)
If the applicant is a joint venture or other similar entity, the name and residential addresses of the participants and the valid driver’s license numbers or state department of transportation identification card numbers if the participants are individuals. If any participant is a corporation or partnership, the applicable information shall be required as detailed in subsections (A) and (B) hereof.
(D)
As to each person required to be identified in this section, the
application shall also contain a statement as to any ownership interest
that person has in any other enterprise in the city; a description
as to any management, supervisory or oversight responsibility that
person will have in the enterprise; a valid driver’s license
number or state department of transportation identification card number;
and a certification as to each officer, director, partner or participant
that he/she has not been convicted of any crime listed in this article
which would prohibit issuance of permit.
(4)
Applicants for permits for establishments shall also provide:
(A)
The name and residential address of each enterprise operator.
(B)
The name and address of the owner of the real property at which the
establishment is to be located and a copy of any lease or rental agreement.
(C)
A reliable estimate of the number of employees, including a description
of the capacities in which they will be employed.
(b)
The
applicant shall post signs at the property where the proposed establishment
is to be located. The signs shall be at least thirty-six (36) inches
by forty-eight (48) inches in size and legibly state that a sexually
oriented business permit has been filed with the city. It shall also
state the date the application was filed and the phone number for
the city secretary’s office. The sign shall inform the public
that persons can contact that office for more information about the
application. Each letter on the sign must be at least three (3) inches
by three (3) inches in size. It shall be the duty of the applicant
to erect such sign so that it is in a location clearly visible from
the public sidewalk, road or highway. A sign shall be placed on each
side of the property visible from a public sidewalk, road or highway.
If a side of the property is longer than three hundred (300) feet,
one sign shall be erected in each three hundred foot increment of
the property. The signs shall be erected within seven (7) days after
the filing of the application for the permit and remain until the
application has been approved or denied by the city secretary. If
the city secretary determines that the signs have not been erected
pursuant to the requirements of this subsection, a written notice
shall be issued to the applicant identifying the deficiencies, and
no action shall be taken on the application until the signs have been
erected as required.
(c)
Every
applicant for a permit for an establishment shall give written notice
of the application to all owners and lessees of real property within
one thousand five hundred feet (1,500) of the property on which the
permit is requested. These owners and lessees are interested parties
in any public hearing process connected with the permit, including
revocation hearings. The owners of these properties shall be notified
as required in this subsection even if the property is not located
within the limits of the city. Owners of property within one thousand
five hundred feet (1,500') of the proposed location that are not within
the incorporated area of the city shall have the same rights under
this subsection as the residents of the incorporated area of the city.
(1)
Notice shall be sent within ten days after the application is filed
with the city secretary and shall contain a legible copy of the “Notice
to Parties” included in the application form provided by the
city secretary and shall contain in the information the full legal
name and any other name used by the applicant and a general description
of the enterprise, which shall include the address of the establishment
and the services and products which will be offered.
(2)
Notice shall be given by posting the notice in the U.S. mail, properly
addressed and postage prepaid.
(3)
Each property owner and lessee so notified shall [have] fourteen
(14) days to file a request for public hearing specifically identifying
health and safety concerns affected by the enterprise as provided
in this article. The “Notice to Interested Parties” shall
contain the procedures for requesting such hearing.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(105))
The annual fee for a sexually oriented business shall be established
by the city council.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(106))
(a)
The
applicant/enterprise shall be under a continuing affirmative duty
while the application is pending and during the effective dates of
the permit to notify the city secretary of any of the following events.
Notice is to be provided in writing and delivered no later than seven
(7) days after the occurrence of:
(1)
Address and/or name change of the applicant;
(2)
Revocation or suspension of any permits or licenses listed in the
applicant’s permit history; and
(3)
An establishment applicant shall notify the city secretary when the
applicant learns that an operator of an enterprise at the establishment
has been formally charged with a crime occurring on the premises of
the establishment which would require denial of a permit under the
terms of this article.
(b)
Each
establishment and enterprise shall comply with the conditions attached
to the permit. Each and every day the enterprise or establishment
fails to comply with a permit condition is a violation of this article.
(c)
An
applicant shall notify the city secretary immediately if a permit
or badge is lost or stolen. If notice of loss has not been provided
and a permit or badge is found in the possession of any person other
than the permittee, it shall be presumed that the permittee had knowledge
of the illegal use of the permit or badge and participated in the
attempt to transfer the permit. If a badge or permit is lost or destroyed,
a replacement may be obtained by filing an appropriate application
for replacement and paying a replacement fee as required by the city
secretary. It shall not be a defense to prosecution for conducting
business without a permit or failure to display a badge or permit
which was lost or stolen. No enterprise may be conducted in the city
without a permit or badge as provided in this article.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(107))
(a)
When
the city secretary receives a written request for a public hearing
concerning an application for a permit for an establishment, the city
secretary shall confirm that it is from an interested party, that
the request specifically identifies the permit application at issue,
that the request is timely filed, and that the request specifically
identifies health and safety concerns affected by the enterprise to
be offered at the establishment. The city secretary shall then initiate
the public hearing procedure, as follows:
(1)
A hearing official, appointed by the city council, shall be contacted
by the city secretary and a date set for the public hearing.
(2)
The city secretary shall send the applicant a written notice of hearing
at least ten (10) days in advance, stating the date, time and place
of the hearing, and shall make a copy of the notice of hearing available
to the public.
(3)
Publicizing the hearing shall be the responsibility of the interested
party who requested the hearing. The city secretary shall make available
to the public a copy of any request for hearing and the notice of
hearing.
(4)
The chief of police shall place a sign at the location identified
in the application containing the time and place of the hearing.
(b)
If a request for a hearing is received by the city secretary after the permit has been issued or renewed, the hearing shall be scheduled when the next renewal application is filed. The city secretary shall confirm that the request identifies health and safety concerns affected by the enterprise that are not addressed in the current permit and that the request is filed by an interested party. The request shall then be attached to the permit records. When a renewal application is submitted, the director shall initiate the hearing as set out in subsection (a) hereof.
(c)
If the request for public hearing is deficient, the city secretary shall return it to the person who submitted the request with a notation stating the deficiency. A request that does not comply with the requirements stated in subsection (a) or (b) above shall not extend the period of time in which a request for hearing may be filed.
(d)
The
hearing shall be conducted by the hearing official under the following
guidelines. The hearing official shall liberally construe these guidelines
to allow the public input to protect the health and safety of a neighborhood
affected by the location of an establishment or enterprise and to
allow the applicant to address these concerns:
(1)
The hearing official may exclude evidence that is irrelevant, immaterial
or unduly repetitious. Relevance and materiality shall be evaluated
by the relation of the evidence to health and safety concerns directly
related to the permit at issue, and conditions which may be attached
to the permit to address those concerns. The hearing is not limited
to the health and safety concerns specifically identified in the hearing
request.
(2)
Any person may record, videotape or transcribe the hearing provided
there is no interference with the proceedings. The hearing official
shall have the power to limit interference with the proceeding.
(3)
After the conclusion of the public hearing, the hearing official
shall produce a written statement containing the official’s
findings of public health and safety concerns and recommendations
for conditions to be attached to the permit. The recommendations shall
be forwarded to the city secretary, the applicant and the interested
party who requested the hearing. When the hearing official determines
that public health and safety concerns exist, the city secretary shall
attach conditions as part of the permit. If no official record of
the hearing has been requested, the hearing official’s statement
shall be the official record of the public hearing. The hearing official
may consult with the city secretary for the purpose of developing
appropriate conditions to address the health and safety concerns shown
at the hearing.
(4)
If evidence is produced at the hearing that would support denial
of the permit, the hearing official shall provide that information
to the city secretary, who shall investigate whether the evidence
warrants denial or revocation of the permit under this article.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(108))
(a)
The
permittee of an establishment has the duty to keep the following information
on file on-site for each person employed at the establishment:
(1)
The full legal name, professional or performing names and any other
names used by the employee;
(2)
A photocopy of the employee’s valid driver’s license
or state department of transportation identification card;
(3)
The current address and telephone number of the employee;
(4)
The employee’s height, eye color and natural hair color;
(5)
A photograph of the employee taken within one (1) month immediately
preceding the date of employment and updated every year;
(6)
A description of the capacity in which the employee is employed;
and
(7)
If the employee is employed in a capacity that involves serving liquor
to patrons, evidence of certification through completion of a state
alcoholic beverage commission approved seller training program, as
provided under section 106.14 of the Texas Alcoholic Beverage Code.
(b)
The
permittee of an establishment has the duty to maintain and make available
these records for inspection and copying for the city secretary. The
city secretary will provide a standard format for these records. The
records shall include a time record reflecting the times and dates
each employee worked. These records shall be available for inspection
by the chief of police during the hours of operation of the enterprise
upon twenty-four (24) hours’ notice. These records shall be
retained for at least a period of two (2) years from creation. Upon
written request, the permittee has a duty to provide a copy of the
records to the city secretary within seven (7) business days of the
request. The permittee of an establishment has the duty to have the
employee information available regarding any individual working at
the establishment regardless of whether that individual has a valid
permit available for individual enterprise.
(c)
Any
employee who provides false information to a permittee pursuant to
this section violates this article.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(109))
(a)
An
applicant or permittee shall permit representatives of the city police
department to inspect the premises of a sexually oriented business
for the purpose of ensuring compliance with the law, at any time it
is occupied or open for business.
(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 city police department at
any time it is occupied or open for business.
(c)
The
provisions of this section do not apply to areas of an adult motel
that are currently being rented by a customer for use as a permanent
or temporary habitation.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(110))
Each permit shall expire one (1) year from the date of issuance
and may be renewed only by making application as provided herein for
requirement for permit. Application for renewal should be made at
least thirty (30) days before the expiration date, and when made less
than thirty (30) days before the expiration date, the expiration of
the permit will not be affected.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(111))
The city secretary shall suspend a permit for a period not to
exceed thirty (30) days if the city secretary determines that a permittee
or an agent or employee of the permittee has:
(1)
Violated
or is not in compliance with the sections of this article related
to inspection, transfer of permit, location of sexually oriented business,
regulations for escort agencies, regulations for nude model studios,
regulations for adult theaters and adult motion picture theaters,
regulations for adult motels, regulations pertaining to exhibitions
of sexually explicit films or videos, or display of sexually explicit
material to minors;
(2)
Engaged
in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3)
Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(4)
Knowingly
permitted gambling by any person on the sexually oriented business
premises; or
(5)
Demonstrated
inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner thus necessitating action by law enforcement
officers.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(112))
(a)
The
city secretary shall revoke a permit if a cause of suspension occurs
as provided in this article and the permit has been suspended within
the preceding twelve (12) months.
(b)
The
city secretary shall revoke a permit if the city secretary determines
that:
(1)
A permittee gave false or misleading information in the material
submitted to the city secretary during the application process;
(2)
A permittee, an agent or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
A permittee, an agent or an employee has knowingly allowed prostitution
on the premises;
(4)
A permittee, an agent or an employee knowingly operated the sexually
oriented business during a period of time when the permittee’s
permit was suspended;
(5)
A permittee has been convicted of an offense described in the section
pertaining to issuance of permit herein, for which the time period
required in said section for issuance of permit has not elapsed;
(6)
On two (2) or more occasions within a 12-month period, a person or
persons committed an offense, occurring in or on the permitted premises,
of a crime listed in the section pertaining to issuance of permit
herein, for which conviction has been obtained, and the person or
persons were agents or employees of the sexually oriented business
at the time the offenses were committed;
(7)
A permittee or an agent or an employee has knowingly allowed any
act of sexual intercourse, sodomy, oral copulation, masturbation,
or sexual contact to occur in or on the licensed premises. The term
“sexual contact” shall have the same meaning as it is
defined in section 21.01 of the Texas Penal Code (provided, however
that this section does not apply to adult motels as a ground for revoking
the permit unless the permittee, agent or employee knowingly allowed
the act of sexual intercourse, sodomy, oral copulation, masturbation,
or sexual conduct to occur in a public place or within public view);
or
(8)
A permittee is delinquent in payment to the city, to another city
within the county, or to the county for any ad valorem taxes, sales
or other taxes related to the sexually oriented business.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
When
the city secretary revokes a permit, the revocation shall continue
for one (1) year and the permittee shall not be issued a sexually
oriented business permit for one (1) year from the date revocation
became effective. If, subsequent to the revocation, the city secretary
finds that the basis for the revocation has been corrected or abated,
the applicant may be granted a permit if at least ninety (90) days
have elapsed since the date the revocation became effective. If the
permit was revoked under section (b)(5) of this section, however,
an applicant may not be granted another permit until the appropriate
number of years required in the section pertaining to issuance of
permit herein has elapsed.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(113))
If the city secretary denies the issuance of a license, or suspends
or revokes a license, the city secretary shall send to the applicant
or permittee, by certified mail, return receipt requested, written
notice of the action and the right to an appeal. Upon receipt of written
notice of the denial, suspension, or revocation, the permittee whose
application for a permit has been denied or whose permit has been
suspended or revoked shall have the right to appeal to the state district
court. An appeal to the state district court must be filed within
thirty (30) days after the receipt of notice of the decision of the
city secretary. The permittee shall bear the burden of proof in court.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(114))
A permittee shall not transfer his permit to another, nor shall
a permittee operate a sexually oriented business under the authority
of a permit at any place other than the address designated in the
application.
(Ordinance 224 adopted 11/9/99; 1982 Code, ch. 4, sec. 19(115))
