LGC.
Refers to the Texas Local Government Code.
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 or the
selling, renting or exhibiting of devices or any other items intended
to provide sexual stimulation or sexual gratification to the customer.
(Ordinance 05-06-03.1, sec. 1, adopted 5/6/03)
A person commits an offense if the person violates any provision of this article except for provisions related to fees in section
4.07.035. An offense is a class A misdemeanor pursuant to section 243.010, Texas Local Government Code.
(Ordinance 05-06-03.1, sec. 11,
adopted 5/6/03)
This article shall not apply to those businesses exempted by
section 243.004, LGC as amended from time to time.
(Ordinance 05-06-03.1, sec. 2, adopted 5/6/03)
Establishing or operating a sexually oriented business is prohibited:
(1) In
the historical district of the city as established by ordinance of
the city council, as amended from time to time;
(2) Within
one thousand (1,000) feet of a school, church or day care center.
For the purpose of determining distances, measurements shall be made
from the nearest property line of the sexually oriented business to
the nearest property line of the school, church or day care center.
(Ordinance 05-06-03.1, sec. 3, adopted 5/6/03)
It shall be unlawful for any person to establish or operate
a sexually oriented business within the city without first having
obtained a permit issued by the city council pursuant to the conditions
as established by this article.
(Ordinance 05-06-03.1, sec. 4, adopted 5/6/03)
Any person desiring a permit to operate a sexually oriented
business shall file a written application with the city council or
its designated representative on a form to be furnished by the city
council or its authorized representative. The applicant shall accompany
the application with a tender of the correct permit fee as herein
provided. The applicant shall provide in the provided application
form, or in a request in writing and attached to the request, the
following information:
(1) The
type of ownership of the business, i.e., whether individual, partnership,
corporation, or otherwise;
(2) The
name, style, and designation under which the business is to be conducted;
(3) The
business address and all telephone numbers where the business is to
be conducted;
(4) A
complete list of the names and residence addresses of all employees
in the business and the name and residence addresses of the manager
or other person principally in charge of the operation of the business;
(5) The
following personal information concerning the applicant, if an individual;
and concerning each stockholder owning more than five (5%) percent
of the stock of the corporation, each officer and each director if
the applicant is a corporation; and concerning the partners, including
limited partners, if the applicant is a partnership; and the holder
of any lien, of any nature, upon the business and/or the equipment
used therein; and concerning the manager or other person principally
in charge of the operation of the business:
(A) Name, complete residence address and residence telephone numbers;
(B) The two (2) previous addresses immediately prior to the present address
of the applicant;
(D) Height, weight, color of hair and eyes, and sex;
(E) Two (2) front-face portrait photographs taken within thirty (30)
days of the date of the application and at least (2) inches in size;
(F) The similar business history and experience ten (10) years prior
to the date of application, including but not limited to whether or
not such person in previously operating in this city, or in any city,
county or state under license or permit, has had such permit or license
denied, revoked, or suspended and the reason therefor, and the business
activities or occupations subsequent to such action of denial, suspension
or revocation;
(G) All criminal arrests other than misdemeanor traffic violations, fully
disclosing the jurisdiction in which arrested and the offense for
which arrested and the disposition thereof;
(H) A complete set of fingerprints taken and to be retained on file by
the city council or its authorized representatives;
(6) Such
other information, identification, and physical examination of the
person as shall be deemed necessary by the city council or its authorized
representative to discover the truth of the matters hereinbefore required
to be set forth in the application;
(7) Authorization
for the city, its agents and employees to seek information and conduct
an investigation into the truth of the statements set forth in the
application and the qualifications of the applicant for the permit;
(8) The
names and addresses of three (3) adult residents of the county who
will serve as character references. These references must be persons
other than relatives and business associates;
(9) Written
declaration by the applicant, under penalty of perjury, that the foregoing
information contained in the application is true and correct, said
declaration being duly dated and signed in the county.
(Ordinance 05-06-03.1, sec. 5, adopted 5/6/03)
The city council or its authorized representative shall issue
a permit within thirty (30) days of receipt of the application unless
it is found that:
(1) The
correct permit fee has not been tendered to the city and, in the case
of a check or bank draft, honored with payment upon presentation;
(2) The
operation, as proposed by the applicant, if permitted, would not comply
with all city ordinances;
(3) The
applicant, if an individual, or any of the stockholders holding more
than ten (10) percent of the stock of the corporation, any of the
officers and directors, if the applicant is a corporation, or any
of the partners, including limited partners, if the applicant is a
partnership, or the holder of any lien of any nature upon the business
and/or the equipment used therein, and the manager or other person
principally in charge of the operation of the business, have been
convicted of any felony or a misdemeanor involving moral turpitude
unless such conviction occurred at least five (5) years prior to the
date of the application;
(4) The
applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the permit application or in any document required
by the city in conjunction therewith;
(5) The
applicant, if an individual, or any of the officers and directors,
if the applicant is a corporation, or any of the partners, including
limited partners, if the applicant is a partnership, and the manager
or other person principally in charge of the operation of the business,
is not over the age of eighteen (18) years.
(Ordinance 05-06-03.1, sec. 6, adopted 5/6/03)
The applicant shall display the issued permit of the establishment
in an open and conspicuous place on the premises of the establishment.
(Ordinance 05-06-03.1, sec. 7, adopted 5/6/03)
The permit fee for a sexually oriented business shall be established
from time to time by the city council and maintained in the offices
of the city. Such license shall be renewed at the end of each twelve
(12) month period. Renewal fees shall be established from time to
time by the city council. A new application will be required for any
license expired for one year or more.
(Ordinance 05-06-03.1, sec. 8, adopted 5/6/03; Ordinance adopting Code)
No permit issued by the city hereunder is transferable, separate
or divisible, and such authority as a permit confers shall be conferred
only on the permittee named therein.
(Ordinance 05-06-03.1, sec. 9, adopted 5/6/03)
Any permit issued or renewal request hereunder may be denied, suspended or revoked where any of the provisions of this article are violated except for late payment of fees as set out in section
4.07.035 above.
(Ordinance 05-06-03.1, sec. 10,
adopted 5/6/03)