(a) 
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(b) 
It is the intent of the city council that the locational regulations of this article are promulgated pursuant to Texas Local Government Code, Chapter 243. It is the intent of the city council that all provisions of this article are promulgated pursuant to the city charter and the Texas Local Government Code.
(Ordinance 437, adopted 8/1/94, Section 1)
In this article the following terms shall have the meanings respectively ascribed to them:
Building Official.
Means the building official of the city.
Establishment.
Means and includes 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 note a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
Means 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.
Nudity or a State of Nudity.
Means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts.
Person.
Means an individual, proprietorship, partnership, corporation, as association or other legal entity.
Sexually Oriented Business.
Means a massage parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Substantial Enlargement of a Sexually Oriented Business.
Means the increase of more than twenty-five (25) per cent, as the floor area exists on August 1, 1994.
Transfer of Ownership or Control of a Sexually Oriented Business.
Means and 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 437, adopted 8/1/94, Section 2)
The following are exempt from regulations under this article:
(1) 
A bookstore, movie theater or video store, unless the business is an adult bookstore, adult movie theater, or adult video store, as defined in Section 4.702 above;
(2) 
A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions under the license held; or
(3) 
A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.
(Ordinance 437, adopted 8/1/94, Section 3)
(a) 
A person commits an offense if he operates a sexually oriented business without a 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 building official. 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 (6) inches. Applicants who must comply with Section 4.717 of this article shall submit a diagram meeting the requirements of Section 4.717.
(c) 
The applicant must be qualified 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 official.
(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 twenty (20) per cent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 4.705, and each applicant shall be considered a licensee if a license is granted.
(e) 
The fact that a person posses a valid pool hall license, recreation hall license, or recreation area license does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and posses a theater license, public house of amusement license or dance hall license shall comply with the requirements and provisions of this article as well as any other prevailing code, laws and/or ordinances pertaining to those other such licenses.
(Ordinance 437, adopted 8/1/94, Section 4)
(a) 
The planning and zoning commission shall approve the issuance of a license to an applicant within thirty (30) days after receipt of an application, unless it finds one (1) or more of the following to be true:
(1) 
An applicant is under 18 years of age;
(2) 
An applicant or an applicant’s spouse is overdue in his payment to the City of Atlanta 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 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 is residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
(5) 
The license fee required by this article has not been paid;
(6) 
An applicant or the proposed establishment is in violation of or is not in compliance with Sections 4.713, 4.714, 4.715, 4.716, or 4.717.
(b) 
It is the responsibility of the applicant, to the extent possible, to secure and provide to the planning and zoning commission the evidence required to determine present fitness as may be requested by the planning and zoning commission.
(c) 
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 so that it may be easily read at any time.
(Ordinance 437, adopted 8/1/94, Section 5)
(a) 
The annual fee for a sexually oriented business license is as provided for in the fee schedule found in the appendix of this code.
(b) 
If an applicant is required by this article and/or other city ordinances to also obtain other necessary licenses for the business at a single location, payment of the fee for the sexually oriented business license does not exempt the applicant from payment of other necessary licenses.
(Ordinance 437, adopted 8/1/94, Section 6)
(a) 
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as required in Section 4.704. Application shall be made at least thirty (30) days before the expiration date.
(b) 
When the planning and zoning commission 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 planning and zoning commission 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.
(Ordinance 437, adopted 8/1/94, Section 7)
The planning and zoning commission shall suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
(1) 
Violated or is not in compliance with Sections 4.713, 4.714, 4.715, 4.716, or 4.717 of this article.
(2) 
Engaged in the 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 a law enforcement officer.
(Ordinance 437, adopted 8/1/94, Section 8)
(a) 
The planning and zoning commission shall revoke a license if a cause of suspension in Section 4.708 occurs and the license has been suspended within the twelve (12) preceding months.
(b) 
The planning and zoning commission shall revoke a license if it determines:
(1) 
A licensee gave false or misleading information in the material submitted to the building official or the planning and zoning commission during the application process;
(2) 
A licensee or employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) 
A licensee or employee has knowingly allowed prostitution on the premises;
(4) 
A licensee or employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended.
(5) 
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. The term “sexual contact” shall have the same meaning as it is defined in Section 21.01, Texas Penal Code; or
(6) 
A licensee is delinquent in payment to the city of motel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.
(c) 
When the planning and zoning commission 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 planning and zoning commission 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 of the revocation became effective.
(Ordinance 437, adopted 8/1/94, Section 9)
If the planning and zoning commission denies the issuance of a license or suspends or revokes a license, it shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of his action and the right to an appeal.
(Ordinance 437, adopted 8/1/94, Section 10)
If an applicant for a license or a licensee is dissatisfied with the decision of the planning and zoning commission, he/she may appeal the decision to the city council of the City of Atlanta, Texas. If the applicant is dissatisfied with the decision of the city council, he/she may appeal the decision to the district court of Cass County.
(Ordinance 437, adopted 8/1/94, Section 11)
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.
(Ordinance 437, adopted 8/1/94, Section 12)
(a) 
A person commits an offense if he/she operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of:
(1) 
A church;
(2) 
A public or private elementary or secondary school;
(3) 
A boundary of a residential district as defined by the Atlanta, Texas, Zoning Ordinance;
(4) 
A public park adjacent to a residential district as defined by the Atlanta, Texas, Zoning Ordinance;
(5) 
The property line of a lot devoted to residential use;
(6) 
A licensed day-care center.
(b) 
A person commits an offense if he/she causes or permits the operation, establishment, substantial enlargements, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
(c) 
A person commits an offense if he/she causes or permits the operation, establishment or maintenance of more than one (1) sexually oriented business in the same business, 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 purposes of subsection (a), 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 or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, residential lot or day-care center.
(e) 
Four 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 closed exterior walls of the structures in which each business is located.
(f) 
Any sexually oriented business lawfully in operation on August, 1, 1994, that is in violation of subsections (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 three (3) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses shall 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 (1,000) feet of one another and otherwise in permissible locations, the sexually oriented business which was first established and continually operating at a particular location is the conforming use, and the after-established businesses(es) is nonconforming.
(g) 
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential lot or residential district within one thousand (1,000) feet 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 license is submitted after a license has expired or has been revoked.
(Ordinance 437, adopted 8/1/94, Section 13)
(a) 
The planning and zoning commission may grant an exemption from the locational restrictions of Section Sec. 4.713 if it makes the following findings, that
(1) 
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) 
The granting of the exemption will not violate the spirit and intent of this article;
(3) 
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 blight;
(4) 
The location of an additional sexually oriented business in the area will not. be contrary to any program of neighborhood conservation nor interfere with any efforts of urban renewal or restoration; and
(5) 
All other applicable provisions of this article will be observed.
(b) 
The planning and zoning commission shall hear and consider evidence offered by any interested party. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the planning and zoning commission is final.
(c) 
If the planning and zoning commission grants the exemption, the exemption is valid for one (1) year from the date of the planning and zoning commission’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 4.713 until the applicant applies for and receives another exemption.
(d) 
If the planning and zoning commission denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the planning and zoning commission’s action.
(e) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of Section 4.713.
(Ordinance 437, adopted 8/1/94, Section 14)
(a) 
A nude model studio may not employ anyone under the age of eighteen (18) years.
(b) 
A person under the age of eighteen (18) years commits an offense if he/she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person commits an offense if he/she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d) 
A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ordinance 437, adopted 8/1/94, Section 15)
(a) 
The requirements and provisions of other applicable chapters of the prevailing Ordinance remain applicable to adult theaters and adult motion picture theaters.
(b) 
A person commits an offense if he knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
A person under the age of eighteen (18) years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(d) 
It is a defense to prosecution under subsection (b) and (c) of this section if the person under eighteen (18) years was in restroom not open to public view or persons of the opposite sex.
(Ordinance 437, adopted 8/1/94, Section 16)
(a) 
A person who operates or causes to be operated a sexually oriented business which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space a film, video cassette 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 (1) 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 shall 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 (6) inches. The planning and zoning commission 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 planning and zoning commission.
(4) 
It is the duty of the owner and operators 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 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 (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 operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in 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 (1) of this section.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficiently 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 floor level.
(8) 
It shall be the duty of the owner and operators, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) 
A person having a duty under subsections (1) through (8) of subsection (a) above commits an offense if he knowingly fails to fulfill that duty.
(Ordinance 437, adopted 8/1/94, Section 17)
(a) 
Any person violating Section 4.713 of this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code.
(b) 
Any person violating a provision of this article other than Section 4.713, upon conviction, is punishable by a fine in accordance with the general penalty provision found in Section 1.106 of this code.
(c) 
It is a defense to prosecution under Section 4.715 that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the State of Texas; 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 entirety or partly by taxation; or
(3) 
In a structure:
(A) 
Which as no sign visible from the exterior of the structure and not advertising that indicated that a nude person is available for viewing; and
(B) 
Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
(C) 
Where not more than one (1) nude model is on the premises at any one (1) time.
(D) 
It is a defense to prosecution under Section 4.717 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 437, adopted 8/1/94, Section 18)
The city attorney is hereby authorized to bring a civil action in the district court of Cass County, Texas, to enjoin a person operates or causes to be operated a sexually oriented business without a valid license, or in violation of this article. Such violations shall also be subject to prosecution for criminal violations.
(Ordinance 437, adopted 8/1/94, Section 19)