The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade.
A business which offers its customers, in one (1) or more enclosures designed for occupancy by up to five (5) persons, still or motion pictures characterized by depiction of sexual nudity or sexual activities.
Adult bookstore or adult video store.
A business in which a substantial portion of the stock in trade consists of books, videos, tapes, cassettes, photographs, slides, computer media or similar materials that emphasize the depiction of sexual nudity or sexual activities.
Adult cabaret.
A business which offers its customers live performances that include the depiction of sexual nudity or sexual activities.
Adult lingerie store/modeling studio.
An establishment where live models exhibit lingerie intended for an adult audience.
Adult motel.
A business which offers its customers a sleeping room for a period of time less than ten (10) hours and provides in the room still or motion pictures that emphasize the depiction of sexual nudity or sexual activities.
Adult novelty shop.
An establishment which holds itself out to be primarily in the businesses 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 (35) percent or more of the gross floor area is devoted to the sale of such products.
Adult theater.
A business which offers its customers, in one (1) or more areas designated for occupancy by more than five (5) persons, still or motion pictures that emphasize the depiction of sexual nudity or sexual activities.
Bar.
A business which offers its customers alcoholic beverages for on-premises consumption, and derives fifty-one (51) percent or more of its income from the sale of alcoholic beverages for on-premises consumption.
Escort.
A person who, for consideration, accompanies or offers to accompany another person and to view sexual nudity by, or display sexual nudity to, the other person.
Escort agency.
A business which offers one or more escorts to its customers.
Nude model studio.
A business which offers its customers persons displaying sexual nudity to be observed, drawn, sculpted or photographed by the customers.
Residential district.
A single-family, duplex, townhouse or multifamily zoning district as defined in the general [zoning] ordinance.
Residential use.
Use of a structure as a residence as defined in the general zoning ordinance.
Sexual activity.
(1) 
The erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) 
Any sexual act, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Any combination of the above activities.
Sexual encounter center.
A business which offers its customers physical contact with one (1) or more persons while any one (1) of the persons is displaying sexual nudity. This term does not include:
(1) 
A state-registered massage establishment;
(2) 
A state-registered massage school;
(3) 
The activities of a state-registered massage therapy instructor; or
(4) 
The activities of a state-licensed physical therapist, nurse or other health care professional.
Sexually oriented business.
An adult arcade, adult bookstore, adult video store, adult cabaret, adult lingerie store/modeling studio, adult motel, adult theater, escort agency, nude model studio or sexual encounter center, or any combination of such enterprises, when either the primary business, or a major business, of the enterprises is the offering of a service or selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. In determining the primary business, or a major business, of an enterprise, the following factors will be considered:
(1) 
The portion of the floor area of the enterprise devoted to services, devices, or items intended to provide sexual stimulation or gratification to the customer;
(2) 
The portion of merchandise display areas of the enterprise devoted to services, devices, or items intended to provide sexual stimulation or gratification to the customer;
(3) 
The portion of the gross or net revenues of the enterprise devoted to services, devices, or items intended to provide sexual stimulation or gratification to the customer;
(4) 
The portion of the local employees of an enterprise who perform a service intended to provide sexual stimulation or gratification to the customer.
If one (1) or more of the factors is fifty (50) percent or more for an enterprise, the test for primary business of an enterprise is met. If one (1) or more of the factors is between twenty (20) and fifty (50) percent for an enterprise, the test for a major business of an enterprise is met.
Sexual nudity.
The erotic display of a bare human buttock, pubic region, genitals, anus, or female breast.
(1987 Code, sec. 18.5-26; 1987 Code, sec. 18.5-27)
(a) 
The city council finds that:
(1) 
The legislature of the state has determined sexually oriented businesses such as the businesses regulated in this article may be detrimental to the public health, safety and welfare of a community by contributing to the decline of neighborhoods and contributing to the growth of criminal activity.
(2) 
The legislature of the state has granted cities authority to regulate sexually oriented businesses in chapter 243, Texas Local Government Code.
(3) 
The city, as a home rule city, has other authority under the Texas Constitution and Local Government Code to enforce ordinances to protect the health, safety and welfare of its citizens.
(4) 
Studies from other cities have found that sexually oriented businesses have an adverse effect on property values, contribute to an increased crime rate in neighborhoods containing these businesses, cause an increase in sex-related crimes in such neighborhoods, and show a compounding of ill effects when two (2) or more sexually oriented businesses are located in close proximity.
(5) 
Sexually transmitted diseases are a legitimate public health concern, and can be controlled to a certain extent by regulation of certain aspects of sexually oriented businesses.
(b) 
The purpose of this article is to regulate adult businesses in order to control their adverse effects in the community. The purpose of this article is not to deny access to materials protected by the First Amendment to the United States Constitution.
(1987 Code, sec. 18.5-27)
(a) 
A person who violates any provision of this article regarding a sexually oriented business meeting the primary business test in section 4.05.001 is subject to prosecution under section 243.010, Texas Local Government Code.
(b) 
It is a defense to prosecution under subsection 4.05.034(d) or section 4.05.035 that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state, or a college or university supported entirely or partly by taxation;
(2) 
By a private college or university that 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) 
That has no sign visible from the exterior of the structure and no other advertising that indicates a 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 model is on the premises at any one (1) time.
(1987 Code, sec. 18.5-51)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.05.032 is subject to a suit for injunction and/or for administrative penalties in addition to prosecution for criminal violations.
(1987 Code, sec. 18.5-52)
(a) 
Each sexually oriented business shall be available for inspection by representatives of the police department, fire department, health department and building inspections department at all times it is open for business.
(b) 
It is unlawful for a person who operates a sexually oriented business or the person’s agent or employee to refuse a lawful inspection of the premises by a representative of the police department, fire department, health department or building inspections division at any time it is occupied or open for business.
(c) 
This section does not apply to areas of an adult motel that are being rented by a customer for use as a permanent or temporary habitation.
(1987 Code, sec. 18.5-54)