Adult arcade.
A movie arcade, game (penny) arcade or other establishment which holds itself out to be primarily in the business of offering to customers still or motion pictures or games which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult bookstore.
An establishment which holds itself out to be primarily in the business of offering to customers books, magazines, films or videotapes (whether for viewing on- or off-premises), periodicals, or other printed or pictorial materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and in which thirty-five percent (35%) or more of the gross floor area is devoted to offering such merchandise.
Adult entertainment business.
An adult arcade, adult bookstore, adult theater, adult novelty shop or adult cabaret.
Adult lounge.
An adult cabaret which is a permitted or licensed premises pursuant to the Texas Alcoholic Beverage Code where alcoholic beverages may be served or sold.
Adult novelty shop.
An establishment which holds itself out to be primarily in the business of selling products which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, and in which thirty-five percent (35%) or more of the gross floor area is devoted to the sale of such products.
Adult service business.
An adult encounter parlor, adult retreat, nude modeling studio or any other commercial enterprise which holds itself out to be primarily in the business of offering a service which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Adult theater.
An establishment which holds itself out to be primarily in the business of exhibiting to customers motion pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
Sexually oriented business.
A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service of the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas.
(1) 
Less than completely and opaquely covered:
(A) 
Human genitals, pubic region;
(B) 
Buttock; or
(C) 
Female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities.
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(1995 Code, sec. 4.601; Ordinance adopting 2009 Code; 2009 Code, sec. 4.05.001)
(a) 
Except as provided by subsection (b) below, any person violating section 5.06.006 of this article, upon conviction, is punishable by a fine as provided for in the general penalty provision found in section 1.01.009 of this code. A separate offense is committed on each day on which a violation continues to exist.
(b) 
Any person violating a provision of this article other than section 5.06.006, upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. A separate offense is committed on each day on which a violation occurs or continues to exist.
(1995 Code, sec. 4.614; 2009 Code, sec. 4.05.002; Ordinance adopting 2019 Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 5.06.041 of this article is subject to suit for injunction as well as prosecution for criminal violations.
(1995 Code, sec. 4.615; 2009 Code, sec. 4.05.003)
On-premises advertisements, displays, or other promotional materials for sexually oriented businesses which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public or semipublic places outside the business.
(1995 Code, sec. 4.602(a); 2009 Code, sec. 4.05.004)
(a) 
Each separate room or compartment of a sexually oriented business into which patrons are allowed access will be posted with an AIDS educational message, which will consist of one of the following statements:
(1) 
STOP AIDS. AVOID CONTACT WITH SEXUAL FLUIDS AND DIRTY NEEDLES.
(2) 
AIDS IS TRANSMITTED BY SEX WITHOUT CONDOMS OR BY SHARING NEEDLES.
(3) 
A poster or sign with a similar message as approved in writing by the city health officer.
As to subsection (1) or (2), said statements shall be in lettering not less than one and one-half inches in height; as to subsection (3), the height of the lettering shall be within the discretion of the city health officer. All signage shall be in both the English and Spanish languages and shall include a designated AIDS information telephone number.
(b) 
Each adult sexually oriented business shall be required to prominently display and make available to patrons of the sexually oriented business literature concerning sexually transmitted disease and/or AIDS, to be provided by the county health department.
(1995 Code, sec. 4.602(b), (c); 2009 Code, sec. 4.05.005)
(a) 
Relation to other sexually oriented businesses.
A sexually oriented business shall not be located on any lot within five hundred feet (500') of any lot on which there is located another sexually oriented business.
(b) 
Relation to civic uses.
A sexually oriented business shall not be located on any lot within one thousand feet (1,000') of any lot on which there is located any school, church, public park or playground, or licensed day-care center.
(c) 
Relation to residential zones and uses.
A sexually oriented business shall not be located on any lot within five hundred feet (500') of any lot which is zoned or used for residential purposes.
(d) 
Measurements.
A radius or distance under this section shall be determined from the midpoint of a line joining the two most distant points on the boundaries on the lot.
(1995 Code, sec. 4.603; 2009 Code, sec. 4.05.006)
(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 employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item is visible to members of the general public.
(1995 Code, sec. 4.613; 2009 Code, sec. 4.05.007)
(a) 
A person commits an offense if he operates a sexually oriented business without a valid license issued by the city for the particular type of business.
(b) 
An application for a license must be made on a form provided by the chief of police. 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 (6").
(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 health department, fire department, and building officials. Such inspections shall be conducted by the respective departments and officials within twenty (20) days of the date of the application.
(d) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a five percent (5%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 5.06.042 and each applicant shall be considered a licensee if a license is granted.
(e) 
Each applicant for a sexually oriented business license for a location not previously licensed or permitted shall, not later than the 60th day before the date the application is filed for the license, place at the proposed location an outdoor sign (at least 24 inches x 36 inches in size) which provides notification and information specifically stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the applicant. All lettering on the sign must be at least two (2) inches in size.
(1995 Code, sec. 4.604; Ordinance adopting 2009 Code; 2009 Code, sec. 4.05.041)
(a) 
The chief of police shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application, unless he finds one (1) 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 his payment to the city of taxes, fees, fines, or penalties assessed against him or imposed upon him 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 (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) 
An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
(6) 
The premises to be used for the sexually oriented business have not been approved by the health department, the fire department, and the building official as being in compliance with applicable laws and ordinances.
(7) 
The license fee required by this article has not been paid.
(8) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated that he is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(9) 
An applicant or the proposed establishment is in violation of or is not in compliance with the other sections of this article.
(10) 
An applicant or an applicant’s spouse has been convicted of a crime:
(A) 
Involving any of the following offenses described in the Texas Penal Code:
(i) 
Prostitution;
(ii) 
Promotion of prostitution;
(iii) 
Aggravated promotion of prostitution;
(iv) 
Compelling prostitution;
(v) 
Obscenity;
(vi) 
Sale, distribution, or display of harmful material to a minor;
(vii) 
Sexual performance by a child;
(viii) 
Possession of child pornography;
(ix) 
Public lewdness;
(x) 
Indecent exposure;
(xi) 
Indecency with a child;
(xii) 
Sexual assault or aggravated sexual assault as described in the Texas Penal Code;
(xiii) 
Incest, solicitation of a child, or harboring a runaway child as described in the Texas Penal Code; or
(xiv) 
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 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 (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-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) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(10)(A) may qualify for a sexually oriented business license only when the time period required by subsection (a)(10)(B) 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. 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.
(1995 Code, sec. 4.605; 2009 Code, sec. 4.05.042)
The annual fee for a sexually oriented business license is as provided for in the fee schedule found in appendix A of this code.
(1995 Code, sec. 4.606; 2009 Code, sec. 4.05.043)
(a) 
An applicant or licensee shall permit representatives of the police department, health department, fire department, housing and neighborhood services department, and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring 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 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 which are currently being rented by a customer for use as a permanent or temporary habitation.
(1995 Code, sec. 4.607; 2009 Code, sec. 4.05.044)
(a) 
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 5.06.041. 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 for the license will not be affected.
(b) 
When the chief of police denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial became final.
(1995 Code, sec. 4.608; 2009 Code, sec. 4.05.045)
The chief of police shall suspend a license for a period not to exceed thirty (30) days if he determines that a license or an employee of a licensee has:
(1) 
Violated or is not in compliance with the sections 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;
(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.
(1995 Code, sec. 4.609; 2009 Code, sec. 4.05.046)
(a) 
The chief of police shall revoke a license if a cause of suspension in section 5.06.046 occurs and the license has been suspended within the preceding twelve (12) months.
(b) 
The chief of police shall revoke a license if he determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(2) 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
A licensee or an employee has knowingly allowed prostitution on the premises;
(4) 
A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(5) 
A licensee has been convicted of an offense listed in section 5.06.042(a)(10)(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) 
On two (2) 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 listed in section 5.06.042(a)(10)(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;
(7) 
A licensee 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;
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales 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) 
Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) 
When the chief of police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 5.06.042(a)(10)(B) has elapsed.
(1995 Code, sec. 4.610; 2009 Code, sec. 4.05.047)
If the chief of police denies the issuance of a license, or suspends or revokes a license, he shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of his action and the right to an appeal. The aggrieved party may appeal the decision of the chief of police to the city council. The filing of an appeal stays the action of the chief of police in suspending or revoking a license until the city council makes a final decision. If within a ten-day period the chief of police suspends, revokes, or denies issuance of a dance hall license or public house of amusement license for the same location involved in the chief’s actions on the sexually oriented business license, then the chief may consolidate the requests for appeals of those actions into one (1) appeal.
(1995 Code, sec. 4.611; 2009 Code, sec. 4.05.048)
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(1995 Code, sec. 4.612; 2009 Code, sec. 4.05.049)