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 (5) 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.
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:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
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, 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, 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 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 10 hours.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, 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.”
Chief of police.
The chief of police of the city, or his designated agent.
Church.
A building in which persons regularly assemble to worship, intended primarily for purposes connected with faith or for propagating a particular form of religion.
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 striptease for another person.
Escort agency.
A person or business association who 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.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
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.
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Regulations.
The provisions of this article, as it may be amended from time to time.
School.
A building where persons regularly assemble for the purpose of instruction or education, together with playgrounds, dormitories, stadia and other structures or grounds used in conjunction therewith, and is limited to public and private schools used for preschool, primary, secondary or college education, and child care facilities.
Seminude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female 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 for any form of 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 seminude.
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.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Any one of the following: human genitals in a discernible state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or any combination of the foregoing.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor area exists on the effective date of this article (January 21, 1994).
Transfer of ownership or control of a sexually oriented business.
Includes 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.
(Ordinance 94-1 adopted 1/21/94)
(a) 
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the residents of the city; to protect and preserve the quality, property values, and character of the city; to prevent the concentration of sexually oriented businesses within the city; and to minimize the potential negative impacts of sexually oriented businesses on residential areas, churches, schools, and public areas.
(b) 
It is expressly not the intent or effect of this article to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Nor is it the intent or 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.
(c) 
It is the intent of the city that the location regulations of this article related to massage parlors, nude studios, modeling studios, love parlors, and other similar commercial enterprises whose major business is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer are promulgated pursuant to section 243.001 et seq. of the Texas Local Government Code. It is the intent of the city that all other regulations of this article are promulgated pursuant to sections 54.001 and 215.024 of the Texas Local Government Code.
(Ordinance 94-1 adopted 1/21/94)
(a) 
The location of sexually oriented businesses is hereby allowed, subject to the distance and licensing requirements of this article. The location of sexually oriented businesses is hereby allowed after application and granting of a license as set forth more fully in this article.
(b) 
Each structure housing a sexually oriented business shall be located at least 1000 feet from the property line of any lot used for a residence, church, school, cemetery, or park purpose, and shall be located 1000 feet from any other structure housing a sexually oriented business. For the purposes of this section, measurements 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, cemetery, park, or residential district.
(c) 
Each sexually oriented business shall comply with all of the city’s sign requirements, as they may be amended from time to time. Additionally, such signs as are used shall not advertise, either graphically or verbally, either by explicit or literal expression, connotation, or implied reference, any specified sexual activities or specified anatomical areas.
(Ordinance 94-1 adopted 1/21/94)
(a) 
A person who operates or causes to be operated a sexually oriented business, which exhibits on the premises in a viewing room less than 400 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 license, the application 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 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 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. 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 of 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 the 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 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 has two or more managers’ 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 on the premises to ensure that the view area specified in subsection (a)(5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all 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) above.
(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 owners and operator and it shall also be the duty of any agents and employees present of the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
(b) 
A person having a duty under subsections (1) and (8) of subsection (a) of this section commits an offense if he knowingly fails to fulfill that duty.
(Ordinance 94-1 adopted 1/21/94)
(a) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 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 rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(Ordinance 94-1 adopted 1/21/94)
The regulations contained in this article do not apply to the following:
(1) 
Any business operated by or employing psychologists, physical therapists, athletic trainers, masseuses, cosmetologists, or barbers, licensed by the state, and performing functions authorized under the licenses held;
(2) 
Any business operated by or employing physicians, osteopaths, nurses, or chiropractors, licensed by the state, engaged in practicing the healing arts; and
(3) 
Any retail business whose major business is the offering of wearing apparel for sale to customers.
(Ordinance 94-1 adopted 1/21/94)
(a) 
All sexually oriented businesses to be operated within the city shall first obtain a valid license under the provisions of this article.
(b) 
A license shall only be issued for sexually oriented businesses that fulfill the locational requirements of section 4.02.003 of this article.
(c) 
A business is not exempt from regulation under this article because it holds a license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages.
(Ordinance 94-1 adopted 1/21/94)
A license issued under these regulations shall be displayed at all times in an open and conspicuous place on the premises of the sexually oriented business for which it was issued.
(Ordinance 94-1 adopted 1/21/94)
(a) 
Any person desiring a license shall file a sworn written application with the city secretary, on a form provided by the city secretary. The application shall set forth the following:
(1) 
The name of the applicant and whether the applicant is an individual, general partnership, limited partnership, corporation, or other entity.
(2) 
The name under which the sexually oriented business is to be operated and a general description of the services or products to be provided.
(3) 
The address and legal description of the parcel of land on which the sexually oriented business is to be located.
(4) 
The name, residence address and telephone number of the manager or other individual to be principally in charge of the operation of the sexually oriented business.
(5) 
A written declaration that the information contained in the application is true and correct.
(6) 
If the applicant is an individual, the application shall be signed and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by all of the partners thereof. If the applicant is a corporation or other entity, the application shall be signed and verified by the president and the treasurer of such corporation or entity.
(b) 
In addition, the application shall be accompanied by the following:
(1) 
Payment of the license fee, as provided in this article.
(2) 
A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statues, Business and Commerce Code, chapter 36) if the applicant is to operate the sexually oriented business under the assumed name.
(3) 
If the applicant is a Texas corporation, a certified copy of the articles of incorporation together with all amendments thereto, shall be filed.
(4) 
If the applicant is a foreign corporation, a certified copy of the certificate of authority to transact business in the state, together with all amendments thereto, shall be filed.
(5) 
If the applicant is a foreign or limited partnership, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the office of the secretary of state under the Texas Limited Partnership Act (article 6132a of Texas Revised Civil Statutes).
(6) 
A complete list of persons employed by the sexually oriented business, including their age, date and place of birth, social security number, driver’s license number and salary or wage rate. This list shall be updated monthly by a verified report to the city secretary, listing all of the above information for any employees hired during the previous month.
(7) 
A detailed development plan which describes the dimensions and location of the sexually oriented business and clearly shows it to be in compliance with the locational requirements of section 4.02.003 of this article.
(Ordinance 94-1 adopted 1/21/94)
(a) 
Upon receiving an application for a license, the city secretary, or designee, shall conduct an investigation for the purpose of determining whether the requirements of this article have been satisfied or not. The city secretary shall coordinate this investigation in order to determine if the application complies with the locational and sign requirements as set forth in these regulations. The city secretary shall deny the application for a license if any requirement of this article is not satisfied.
(b) 
The city secretary shall deny the application for a license if one or more of the following is determined to be true:
(1) 
An applicant is under 18 years of age;
(2) 
An applicant or an applicant’s spouse is overdue in payment to the city 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 license 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 license, within two years immediately preceding the application; the fact that a conviction is being appealed shall have no effect;
(5) 
The license 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) 
The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances;
(8) 
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: prostitution, promotion of prostitution; aggravated promotion of prostitution; obscenity; sale, distribution, or display of harmful material to minors; sexual performance by a child; possession of child pornography; employment harmful to minors;
(ii) 
Any of the following offenses as described in chapter 21 of the Texas Penal Code: public lewdness; indecent exposure; indecency with a child;
(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; or
(v) 
Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(B) 
For which:
(i) 
Less than two 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 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 years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period;
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(c) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (b)(8) of this section may qualify for a sexually oriented business license only when the time period required by that subsection has elapsed.
(d) 
The license, 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 license 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.
(e) 
The city secretary shall notify each applicant of their eligibility for a license within twenty days of receipt of the completed application. If the applicant complies with the provisions of these regulations, then the city secretary shall issue a license. In the event that an applicant fails to comply with these regulations, then the applicant shall be so notified and be entitled to a hearing held pursuant to the provisions of this article.
(Ordinance 94-1 adopted 1/21/94)
The applicant shall pay an annual fee for a sexually oriented business license in the amount of five hundred and no/100 dollars ($500.00). No portion of any fee collected under this section shall be returned after a license has been issued or denied.
(Ordinance 94-1 adopted 1/21/94)
A license shall not be transferred to another, nor shall a license holder operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ordinance 94-1 adopted 1/21/94)
Each license shall be effective when issued and shall be renewable annually upon filing an application as provided for herein. All licenses are renewable on the anniversary date of each year succeeding the year in which they are first issued.
(Ordinance 94-1 adopted 1/21/94)
(a) 
The chief of police, or his designee, shall have the power to administer and enforce the provisions of these regulations upon presentation of proper identification to the owner, agent, or tenant in charge of any premises where a sexually oriented business is located. The chief of police, or his designee, may enter, for the purposes of inspection or investigation to insure compliance with the terms of these regulations, any building, structure or other premises where the sexually oriented business is located, at any time it is occupied and 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 chief of police at any time it is occupied or open for business.
(c) 
However, when the chief of police, or his designee, is denied permission to inspect any premises, inspection shall be made only under the authority of a warrant issued by a magistrate authorizing the inspection for violations of these regulations. In applying for such a warrant, the chief of police, or his designee, shall submit an affidavit to a magistrate setting forth his belief that a violation of these regulations exists with respect to the premises sought to be inspected and the reasons for such belief. The affidavit shall designate the location of such operator, or occupant thereof. If the magistrate finds that a probable cause exists for a search of the premises, such warrant describing the premises with sufficient certainty to identify the same [may be issued]. A warrant so issued shall constitute authority for the chief of police, or his designee, to enter upon or inspect the premises described therein.
(Ordinance 94-1 adopted 1/21/94)
(a) 
The city administrator, or designee, is hereby granted and shall have the power to suspend any and all licenses authorized by these regulations, subject to the requirements of section 4.02.014, if he determines that a licensee or employee of a licensee has:
(1) 
Violated or is not in compliance with any provision of this article;
(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.
(b) 
The city administrator, or designee, is hereby granted and shall have the power to revoke any and all licenses authorized by these regulations, subject to the requirements of section 4.02.014, if he determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the city secretary during the application process;
(2) 
A licensee or any employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(4) 
A licensee has been convicted of an offense listed in section 4.02.010(b)(8) of this article for which the time period required in that subsection has [not] elapsed;
(5) 
On two or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime in section 4.02.010(b)(8)(A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(6) 
A licensee or an employee has knowingly allowed any specified sexual activities to occur in or on the sexually oriented business premises; or
(7) 
A licensee is delinquent in payment to the city for taxes, fees, fines, or penalties.
(c) 
Additionally, the city administrator, or his designee, shall revoke a license if a cause of suspension as listed in subsection (a) of this section occurs and the license has been suspended within the preceding twelve months.
(Ordinance 94-1 adopted 1/21/94)
The city administrator, or designee, shall conduct a hearing prior to the suspension, revocation or denial of any license authorized under these regulations. The person whose license is under consideration shall be given at least ten calendar days’ written notice prior to the date of the hearing, unless such notice is waived by the applicant, and shall be permitted to present relevant facts and legal argument regarding the pending revocation or denial. Following such hearing, the city administrator, or designee, shall consider the merits of the case, and shall present a written opinion prior to any action. Any person wishing to appeal the decision of the city administrator, or designate, regarding the suspension, revocation or denial of a license may, within ten days after the date of the written opinion filed by the city administrator, or his designee, appeal such decision to the city council, by written notice to the city administrator, setting out the basis of such appeal. The city council shall hold a hearing on the license suspension, revocation or denial within ten days of the receipt of written notice of appeal; provided, however, that the appearing party shall be required to comply with the decision of the city secretary, or his designee, during the pendency of the appeal.
(Ordinance 94-1 adopted 1/21/94)
(a) 
Any use in conflict with the purposes or terms of this article shall be entirely discontinued and shall thereafter cease operation within five years from the date any such use becomes nonconforming under this article. If such nonconforming use is discontinued, interrupted or changed, any future use of such land shall be in conformity with the provisions of this article.
(b) 
The issuance of a yearly license hereunder shall not affect the amortization of nonconforming uses as provided herein.
(Ordinance 94-1 adopted 1/21/94)
(a) 
False or fraudulent statement.
It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material act or to give or use any assumed name or fictitious name other than the one duly filed for record in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code Annotated, chapter 36).
(b) 
Use of another’s license.
It shall be unlawful for any individual, partnership, corporation or other entity to use a license which has been issued to another individual, partnership, corporation, or other entity.
(c) 
Defacing, altering, etc., license.
It shall be unlawful for any person to counterfeit, forge, change, deface or alter a license.
(d) 
Violation deemed misdemeanor.
Where authorized by law, the violation of any provision of these regulations will be considered a misdemeanor.
(Ordinance 94-1 adopted 1/21/94)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 94-1 adopted 1/21/94)
These regulations do not legalize anything prohibited under the Penal Code or any other state law or city ordinance. Further, any violation of the Penal Code or other state law or city ordinance shall be deemed grounds for revocation of the license issued.
(Ordinance 94-1 adopted 1/21/94)