For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
A commercial establishment where coin-operated or slug-operated
or electronically, electrically, or mechanically controlled still
or motion picture machines, projectors, or other image-producing devices
are maintained to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished
or characterized by the depicting or describing of “special
sexual activities” or “specified anatomical areas.”
A commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations, which depict or describe “specified
sexual activities or specified anatomical areas”; or
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”;
or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
A building used principally for religious worship in which
persons assemble for religious purposes at least once each week, which
is owned by such persons, or leased by them for a period of at least
one year.
Any crime involving an offense against the person, such as
those described in Tex. Penal Code, title 5; an offense against the
family, such as those described in Tex. Penal Code, title 6; an offense
involving prostitution, obscenity, or controlled substances; an offense
involving organized crime, such as those described in Tex. Penal Code,
title 11; or an offense involving a violation of the provisions of
this article.
Any premises or business location at which massage therapy
is offered or performed for the purposes of providing sexual stimulation
or sexual gratification to the customer for any form of consideration;
provided that any premises or business location at which massage therapy
is offered or performed solely for therapeutic purposes shall not
be included within the definition of this term for purposes of this
article. Within this definition, massage therapy shall have the meaning
given in V.T.C.A., Occupations Code, chapter 455, or in any successor
or amendment thereto.
A commercial establishment where a person who appears in
a state of nudity or displays “specified anatomical areas”
is provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money
or any form of consideration.
The appearance of a human bare buttock, anus, genitals, or
female breasts.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion picture theater, massage business, or nude model
studio.
Human genitals in a state of sexual arousal.
Includes any of the following;
(1994 Code, sec. 111.30; Ordinance 95-07 adopted 5/8/95)
(a)
It
shall be unlawful for any person to operate or cause to be operated
a sexually oriented business or to sponsor, feature, or allow persons
who perform specified sexual activities to perform said activities
in an establishment open to the public within 1,000 feet of:
(b)
For
the purposes of this section, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest property line of the premises where a sexually oriented business
is conducted, to the nearest property line of the premises of a church,
public elementary or secondary school, residential lot, or other sexually
oriented business.
(1994 Code, sec. 111.31; Ordinance 95-07 adopted 5/8/95)
The location restrictions contained in section 5.08.002 shall not apply to sexually oriented businesses in existence on May 10, 1995, or to sexually oriented business operating as of the date of annexation within areas annexed by the city subsequent to May 10, 1995; provided that, should any such place of business discontinue operation period of more than 30 days, then all location restrictions in section 5.08.002 shall thereafter apply to the business.
(1994 Code, sec. 111.32; Ordinance 95-07 adopted 5/8/95)
All premises used in connection with sexually oriented businesses
shall be periodically inspected by the chief of police for compliance
with the requirements of this section.
(1)
Separate
toilet facilities for men and women shall be provided on the premises.
(2)
Persons
under the age of 18 shall not be permitted on the premises of the
business.
(3)
Alcoholic
beverages shall not be sold or provided on the premises of the business
except in compliance with a current valid license or permit issued
by the state alcoholic beverage commission.
(4)
For
businesses where no alcoholic beverages are sold or provided, the
business shall not operate between the hours of 1:00 a.m. and 1:00
p.m. on a Sunday or between 12:00 a.m. and 7:00 a.m. on any other
day. For the businesses where alcoholic beverages are sold or provided,
the business shall operate at any time when the sale of alcoholic
beverages is not prohibited. No customer shall be permitted to enter
upon or remain on the business premises at any time other than during
the permitted hours of operation.
(5)
The
business shall not have any bedroom, sleeping quarters, residence,
or living quarters on the premises of the business.
(6)
The
business hours of the premises shall be plainly posted at each entrance
to the business.
(7)
Doors
to individual customer service areas, rooms, viewing booths or cubicles
shall not be capable of being locked.
(8)
Massage
therapists shall wear clothing that covers the anus, female breast,
and the entire genitals during performing of massage therapy.
(9)
Violation
of any provisions of these regulations is a class C misdemeanor.
(1994 Code, sec. 111.42; Ordinance 95-07 adopted 5/8/95; Ordinance adopting 2016 Code)
(a)
The
entire premises of every sexually oriented business shall be deemed
to be a public place and shall not during business hours have its
entrances or exits located or obstructed in any way so as to prevent
free ingress and egress of persons.
(b)
The
licensee of every sexually oriented business shall allow the inspection
of the premises by the police chief at any time during business hours.
(1994 Code, sec. 111.43; Ordinance 95-07 adopted 5/8/95)
In addition to penalties provided in section 5.08.004 [sic], the city attorney may file suit in the district court to enjoin any person who shall violate any provision of this article.
(1994 Code, sec. 111.44; Ordinance 95-07 adopted 5/8/95)
No person shall operate a sexually oriented business without
first obtaining a sexually oriented business license issued by the
city pursuant to the provisions of this article.
(1994 Code, sec. 111.33; Ordinance 95-07 adopted 5/8/95)
(a)
Applications
for sexually oriented business licenses shall be filed with the city
secretary on a form to be furnished by the city secretary. Applications
shall contain at least the following information:
(1)
The type of ownership of the business, such as, whether individual,
partnership, corporation, or otherwise;
(2)
The trade name under which the business is to be conducted and the
type(s) of sexually oriented businesses to be operated on the premises;
(3)
The address and all telephone numbers to be used in connection with
the business;
(4)
The following information concerning the applicant if an individual
or concerning each stockholder holding more than 10% of the stock
of the corporation, and each officer and each director if the applicant
is a corporation, or concerning each partner, including limited partners,
if the applicant is a partnership, and concerning the manager or other
person principally in charge of the operation of the business:
(A)
Name, residence address, and residence telephone number;
(B)
The two most recent previous addresses;
(C)
Date of birth and driver’s license number;
(D)
Height, weight, color of hair and eyes and sex;
(E)
Business history and experience in connection with sexually oriented
businesses, including whether or not the person has previously or
is currently participating in the ownership or operation of a sexually
oriented business in this or another city or state; and if a license
or permit was or is required for the business whether a permit has
ever been denied, revoked, or suspended and, if so, the reason for
that action;
(F)
Any convictions for a felony or any misdemeanor involving prostitution,
obscenity, or controlled substances, indicating the type of crime
and the date and place of conviction;
(5)
Such other information as the police chief deems necessary to determine
the truth of the matters required to be set forth in the application;
(6)
Authorization for the city, its agents and employees to conduct an
investigation into the truth of the statements set forth in the application
and the qualifications of the applicant for the license; and
(7)
A statement by the applicant under oath that the information contained
in the application is true and correct. For this purpose, an authorized
corporate officer may execute the statement on behalf of a corporation,
and an authorized partner may execute the statement on behalf of a
partnership.
(b)
Each
application shall be accompanied by payment of the license fee as
established by separate ordinance. License fees shall not be refundable.
(1994 Code, sec. 111.34; Ordinance 95-07 adopted 5/8/95)
(a)
Upon
the city secretary’s receipt of an application for a sexually
oriented business permit, the chief of police shall conduct an investigation
into the applicant’s business and personal history. The chief
of police may require a personal interview of the applicant and such
further information as shall bear on the investigation.
(b)
The
chief of police shall also conduct an investigation on the premises
where the sexually oriented business is to be operated to determine
whether the premises comply with the requirements of this article
as well as all other applicable building and health regulations.
(c)
Before
any license is issued under this article, the chief of police shall
provide written approval of the application.
(1994 Code, sec. 111.35; Ordinance 95-07 adopted 5/8/95)
(a)
The
city secretary shall issue a sexually oriented business license within
30 days of receipt of the application unless the chief of police finds
that:
(1)
The premises do not comply with all applicable laws, including but
not limited to the requirements of this article and the city’s
building and health regulations;
(2)
The applicant, if an individual, or any of the stockholders holding
more than 10% of the stock of the corporation 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, or
the manager or other person principally in charge of the operation
of the business, has been convicted of any disqualifying offense,
unless the conviction occurred at least three years prior to the date
of the application; provided that, if the person was incarcerated
in a penal facility in connection with the conviction, then the three-year
period shall run from the date of release from incarceration;
(3)
Any employee of the applicant’s business has been convicted
of any disqualifying offense in connection with the business, unless
the conviction occurred at least more than three years prior to the
date of the application; provided that, if the person was incarcerated
in a penal facility in connection with the conviction, then the three-year
period shall run from the date of release from incarceration;
(4)
The applicant has knowingly made any false, misleading, or fraudulent
statement of fact in the course of the application procedure or in
any document required by the city in connection therewith; or
(5)
The applicant has had a sexually oriented business license or permit
denied or revoked by the city or any other state or local agency within
three years prior to the date of application.
(b)
Sexually
oriented business licenses shall contain the name and address of the
licensee, the name, address and type(s) of business for which the
license is issued and the expiration date of the license.
(1994 Code, sec. 111.36; Ordinance 95-07 adopted 5/8/95)
(a)
Any
applicant denied a license shall have the right of appeal to the city
council. This appeal shall be taken by filing with the city secretary
a written statement setting forth fully the grounds for the appeal
within ten days after notice of the denial is given to the applicant.
(b)
The city secretary shall provide for a hearing on the appeal at the earliest convenient regular council meeting and shall notify the applicant by certified mail and the police chief of the date and time of the hearing. The police chief may file a written response to the appeal with the city secretary, a copy of which shall be provided by the city secretary to the applicant. The issue at the hearing shall be whether grounds for the denial exist under section 5.08.034.
(c)
The
council shall by majority vote either sustain the action of the chief
of police or direct the issuance of the license.
(1994 Code, sec. 111.37; Ordinance 95-07 adopted 5/8/95)
Every sexually oriented business shall display its business
license at all times in an open and conspicuous place on the premises
of the business.
(1994 Code, sec. 111.38; Ordinance 95-07 adopted 5/8/95)
(a)
Should
any sexually oriented business have more than one location, then a
separate license shall be required for each location.
(b)
All
sexually oriented business licenses shall expire on December 31 of
the year in which issued. No proration of license fees shall be made
for issuance of licenses during the course of the year.
(c)
Sexually
oriented business licenses shall not be renewed without following
the procedures for applying for the original license.
(1994 Code, sec. 111.39; Ordinance 95-07 adopted 5/8/95)
(a)
Suspension.
A sexually oriented business license shall
be suspended by the chief of police upon the licensee or the manager
of the business being charged with any disqualifying offense or upon
any employee of the business being charged with any disqualifying
offense in connection with the business. The suspension period shall
coincide with the time during which the charges remain pending. The
chief of police shall notify the licensee of the suspension at least
ten days in the advance of its effective date.
(b)
Revocation.
A sexually oriented business license shall
be revoked for the remainder of its term by the chief of police upon
the licensee or manager of the business being convicted of any disqualifying
offense in connection with the operation of the business. The chief
of police shall notify the licensee of the revocation at least ten
days in advance of its effective date.
(c)
Appeals.
Within ten days of receipt of suspension or revocation, a licensee may appeal the police chief’s action to the city council by filing a written notice with the city secretary setting forth specifically the grounds for the appeal. The city secretary shall provide for a hearing on the appeal at the earliest convenient regular council meeting and shall notify the licensee by certified mail of the date and time of the hearing. The issue at the hearing shall be whether grounds exist under subsections (a) and (b) of this section for the suspension or revocation. The council shall by majority vote either sustain or rescind the action of the chief of police.
(1994 Code, sec. 111.40; Ordinance 95-07 adopted 5/8/95)
Sexually oriented business licenses are not transferable.
(1994 Code, sec. 111.41; Ordinance 95-07 adopted 5/8/95)
