City of West, TX Generally

Definitions.

A commercial enterprise which has as its primary business or has as one of its principal businesses the exhibiting, offering, sale, loan, or rental of:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, drawings, or other items or devices, which depict or describe “specified sexual activities” or “specified anatomical areas” or which depict or describe acts, circumstances, events, happenings, performances or conditions intended to provide sexual stimulation or gratification to the customer, whether on or off of the premises of the enterprises; and/or

(2)

Instruments, devices, or paraphernalia which are designed or intended for use in connection with “specified sexual activities,” or designed or intended to provide sexual stimulation or gratification to the customer, whether on or off of the premises of the enterprise.

Adult cabaret.

A commercial enterprise, including a nightclub, restaurant, or similar facility, which has as a major aspect of its primary business or has as a major aspect of one of its principal businesses the appearance, presence or performance of persons, whether in person or by mechanical or electronic means, film, motion picture, videocassette, videotape, slides or other photographic reproductions, and whether or not the persons are employees of the enterprise:

(1)

In a “state of nudity”; and/or

(2)

In actions which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities,” or are designed or intended to provide sexual stimulation or gratification to the customer.

Adult motel.

A commercial enterprise, including a hotel, motel or similar establishment, which has as its primary business or has as one of its principal businesses the offering, loan, rental, lease, or granting of a license to occupy a room, rooms or other accommodations:

(1)

(A)

Wherein a patron or customer may view or hear closed-circuit television transmissions, films, motion pictures, video cassettes or tapes, slides, or other visual or audio representations which are characterized or include depictions or descriptions of “specified sexual activities” or “specified anatomical areas,” or which depict or describe acts, circumstances, events, happenings, performances or conditions are designed or intended to provide sexual stimulation or gratification to the customer; and

(B)

The enterprise has a sign or other advertisement visible from the public right-of-way which indicates, directly or by inference, the availability of such accommodations for such adult type visual or audio representations; or

(2)

Adapted for the overnight accommodation of persons, and such accommodation can be:

(A)

Rented, leased or licensed for a period of time that is less than ten (10) hours; and/or

(B)

Sub-rented, sub-let, or sub-licensed by the renter, lessee or licensee for a period of time that is less than ten (10) hours.

Adult movie arcade.

A commercial enterprise which has as its primary business or has as one of its principal businesses:

(1)

The providing of coin-, slug-, or token-operated electronic, electric or mechanical still, film or motion picture machines, projectors, or other image-producing devices to be viewed by or displayed to persons on the enterprise premises; and/or

(2)

The images viewed or displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas,” or are designed or intended to provide sexual stimulation or gratification to the customer.

Adult movie theater.

A commercial enterprise which has as its primary business or has as one of its principal businesses:

(1)

The displaying, projecting, exhibition, presentation or showing of films, motion pictures, videotapes, slides or other similar photographic reproductions to be viewed or shown on the enterprise premises;

(2)

The images viewed or displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas,” or are intended to provide sexual stimulation or gratification to the customer; and

(3)

Such showing:

(A)

Is done on a regular or periodic basis; and/or

(B)

Is advertised to the public, by sign or otherwise, directly or by inference, to contain material distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas,” or which are designed or intended to provide sexual stimulation or gratification to the customer.

Adult theater.

A commercial enterprise, including a theater, amphitheater, hall, concert hall, assembly hall, meeting hall, lecture hall, arena, auditorium, or other facility, which has as a major aspect of its primary business or has as a major aspect of one of its principal businesses the appearance, presence or performance of persons, whether in person or by mechanical or electronic means, film, motion picture, videocassette, videotape, slides or other photographic reproductions, and whether or not the persons are employees of the enterprise:

(1)

In a “state of nudity”; and/or

(2)

Adult video arcade.

A commercial enterprise which has as its primary business or has as one of its principal businesses:

(1)

The providing of coin-, slug-, or token-operated electronic, electric or mechanical still or motion videotape or videocassette machines, projectors, or other image-producing devices to be viewed by or displayed to five (5) or fewer persons per machine at any one time while on the enterprise premises; and/or

(2)

Adult video store.

A commercial enterprise which has as its primary business or has as one of its principal businesses the exhibiting, offering, sale, loan, or rental of any item or device, film, motion picture, video tape or cassette, video reproduction, slide, or other visual or audio representation which depicts or describes “specified sexual activities” or “specified anatomical areas,” or which depicts or describes acts, circumstances, events, happenings, performances, or conditions intended to provide sexual stimulation or gratification to the customer, whether on or off of the premises of the enterprise.

Church.

A building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

City.

The City of West government and any one or all of its duly organized departments.

City inspector.

The city director of public works or his designee.

Commercial enterprise.

A person or persons, corporation, partnership, limited liability company, association or other entity engaged in business, commerce, a trade, industry, job, livelihood or occupation involving the payment of consideration, whether or not for profit.

Director of public safety.

The chief of police of the city or his designated agent.

Escort agency.

A commercial enterprise which has as its primary business or has as one of its principal businesses the furnishing of or the offer to furnish, or a commercial enterprise which advertises to furnish, a person who will:

(1)

Act as a private and temporary companion, guide or date for another person; and/or

(2)

Privately model, display, exhibit or show lingerie, attire, garments, wearing apparel, clothing, devices, accessories, or other such items for another person, and/or appear in a “state of nudity” before the other person, and/or expose “specified anatomical areas” to the other person, and/or provide or attempt to provide sexual stimulation or gratification to another.

Establishment.

Any of the following: the opening or commencement of any sexually oriented business as a new business; the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; the addition of any sexually oriented business to any other existing sexually oriented business; or the relocation of any sexually oriented business.

Health department.

The medical officer of the city or his designee or other persons designated to act in that capacity.

Licensee.

Except in the definition of “adult motel” in this section, wherein it shall have its common meaning, 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.

Love parlor.

A commercial enterprise which has as its primary business or has as one of its principal businesses the operation of an adult cabaret or an escort agency.

Modeling studio.

A commercial enterprise which has as its primary business or has as one of its principal businesses the sale, loan, lease, or rental of attire, garments, wearing apparel, clothing, devices, accessories, ornaments, jewelry, decorations, or other such items, the sale, loan, lease or rental of which is encouraged or accomplished through the exhibition, appearance, display, performance, presentation, or showing of said items on or by a person:

(1)

In a “state of nudity”;

(2)

While exposing “specified anatomical areas”; and/or

(3)

For the purpose of providing sexual stimulation or gratification to the customer.

Nude studio.

A commercial enterprise which has as its primary business or has as one of its principal businesses the exhibition, appearance, display, performance, presentation, or showing of a person in a “state of nudity” or who displays “specified anatomical areas” for the purpose of:

(1)

Observation by a customer;

(2)

Sketching, drawing, painting, sculpting, photographing, or other representation by a customer; and/or

(3)

Providing sexual stimulation or gratification to the customer.

Nudity or a state of nudity.

The appearance or display of the human buttock, anus, genitals, or areola of the female breast; and/or a state of dress or undress that fails to opaquely cover the human buttock, anus, genitals or areola of the female breast.

One of its principal businesses.

Means that a commercial enterprise devotes a separate section, division, or display area on the enterprise premises or segment of its business to the items, materials, or activities addressed by the provision in which said term is used, or that such items, materials or activities are a significant aspect of the commercial enterprise.

Operates or causes to be operated a sexually oriented business.

Any person who does any (1) or more of the following shall be deemed to be operating or causing to be operated a sexually oriented business:

(1)

Operates or delivers to a cash register, cash drawer, or other depository on the sexually oriented business premises where checks, drafts, money orders, cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

(2)

Displays, provides access to, accepts payment for, or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the sexually oriented business premises;

(3)

Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the sexually oriented business premises;

(4)

Acts as a door attendant to regulate entry of customers or other persons into the sexually oriented business premises or any portion thereof; and/or

(5)

Supervises, manages, observes, assists or trains other persons in the performance of any of the foregoing activities on the sexually oriented business premises.

A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an employee, contractor, owner, part owner, or licensee of the business.

Person.

An individual, proprietorship, partnership, corporation, limited liability company, association or other legal entity.

Primary business.

Means that it is the only business or principal business of the commercial enterprise, or that it is the intent of the owner, manager, operator or proprietor that the main aspect of the commercial enterprise is the offering of a service or the selling, renting, or exhibiting of material, devices or any other items designed or intended to provide sexual stimulation or sexual gratification to the customer, whether such stimulation or gratification is to be accomplished on the enterprise premises or off of the enterprise premises, or which is a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult video store or adult motel. The intent of the owner, manager, operator, or proprietor may be shown by direct or circumstantial proof. Such intent may be presumed if the sexually oriented aspects of the enterprise preponderate over the non-sexually oriented aspects of the enterprise, if any. The sexually oriented aspect of the enterprise preponderates over the non-sexually oriented aspect of the enterprise if any one or more of the following exists:

(1)

The floor space or shelf space dedicated to or used in the sexually oriented aspect of the enterprise is more than the floor space or shelf space dedicated to or used in the non-sexually oriented aspect of the enterprise;

(2)

Sales or receipts from the sexually oriented aspect of the enterprise are more than the sales or receipts from the non-sexually oriented aspect of the enterprise;

(3)

The enterprise advertises the sexually oriented aspect of the enterprise more often or to a greater degree than for the non-sexually oriented aspect of the enterprise;

(4)

Customers enter the premises of the enterprise more often for the sexually oriented aspect of the enterprise than for the non-sexually oriented aspect of the enterprise;

(5)

More customers enter the premises of the enterprise for the sexually oriented aspect of the enterprise than for the non-sexually oriented aspect of the enterprise;

(6)

More persons contact the enterprise, by phone or otherwise, for the sexually oriented aspect of the enterprise than for the non-sexually oriented aspect of the enterprise;

(7)

There are a greater number of sexually oriented items for sale, observation or use in the enterprise inventory than non-sexually oriented items for sale, observation or use;

(8)

The reasonable cash market value of sexually oriented items in inventory and for sexually oriented services offered by the enterprise is more than the reasonable cash market value of the non-sexually oriented items and services;

(9)

The sum of prices for the sale of the items in inventory for sexually oriented items and for sexually oriented services is more than the sum of the sale or service prices of the items in inventory for non-sexually oriented items and services;

(10)

The profits of the enterprise from the sexually oriented aspect of the enterprise are more than the profits from the non-sexually oriented aspect of the enterprise;

(11)

The enterprise represents itself primarily as a sexually oriented enterprise;

(12)

The enterprise displays signs or engages in advertising to the public indicating directly or indirectly that the enterprise is principally a sexually oriented enterprise; or

(13)

The enterprise displays signs or engages in advertising to the public emphasizing directly or indirectly the sexually oriented aspect of the enterprise over the non-sexually oriented aspect of the enterprise.

The above listing is illustrative, and is not exclusive. Nothing shall preclude direct or circumstantial proof that the sexually oriented aspect of the enterprise preponderates over the non-sexually oriented aspect of the enterprise.

Residential.

Pertaining to the use of land for premises such as single-family homes, townhomes, patio homes, mobile homes, duplexes, and habitable rooms for nontransient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein. Premises which are designed primarily for living, sleeping, cooking and eating therein shall be deemed to be residential in character unless actually occupied and used exclusively for other purposes.

School.

A building where persons regularly assemble for the purpose of instruction or education together with playgrounds, stadia and other structures or grounds used in conjunction therewith, whether or not located within or without an incorporated area. The term is limited to:

(1)

Public and private schools used for primary or secondary education in which any regular pre-kindergarten, kindergarten or any of grades one (1) through twelve (12) classes are taught;

(2)

Special education facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in pre-kindergarten, kindergarten, or any of grades one (1) through twelve (12); and/or

(3)

Child care or nursery school facilities licensed by the state or operated under a permit issued by the city.

Sex parlor.

A commercial enterprise which has as its primary business or has as one of its principal businesses the operation of an adult theater.

Sexually oriented business.

(1)

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; and/or

(2)

Any commercial establishment the primary business of which is the offering of a service or the selling, renting, or exhibiting of material, devices or other items designed or intended to provide sexual stimulation or gratification to the customer.

The term does not include any of the commercial enterprises or businesses specifically exempted by section 243.004 of the Local Government Code, or amendments thereto.

Specified anatomical areas.

Female breasts, the human anus, or the human genitals, or any part thereof, whether or not in a state of sexual stimulation or arousal, and includes the covered male genitals in a discernable turgid state.

Specified sexual activities.

Any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.

Substantial enlargement of sexually oriented business.

The increase in floor area occupied by the business by more than 25 percent, as the floor area exists on effective date of this article.

Transfer of ownership or control of sexually oriented business.

Any of the following:

(1)

The sale, lease or sublease of the business;

(2)

The transfer of securities, whether by sale, exchange, or similar means, which, when taken in the aggregate with all prior or contemporaneous transfers, results in the controlling interest in the business being vested in a person or group of persons not identical in number, identity or percentage as the persons owning the controlling interest when the business was licensed; and/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 request [bequest] or other operation of law upon death of the person possessing the ownership or control.

(b)

Rules of construction.

All terms and words used in this article, regardless of the number and gender in which they are used, shall be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context or sense of any paragraph of this article may require.

(Ordinance adopted 5/18/1994, sec. 2)