For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Adult arcade.
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.”
Adult bookstore or adult video store.
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:
(1) 
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
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) 
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.
Adult motion picture theater.
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.”
Church.
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.
Disqualifying offense.
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.
Massage business.
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.
Nude model studio.
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.
Nudity or a state of nudity.
The appearance of a human bare buttock, anus, genitals, or female breasts.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, massage business, or nude model studio.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Includes any of the following;
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(2) 
Sex acts, normal or perverted, actual or stimulated, 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.
(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:
(1) 
A church;
(2) 
A public elementary or secondary school;
(3) 
A lot devoted to residential use;
(4) 
Another sexually oriented business; or
(5) 
A public park.
(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)