When used in this article, the following words and terms shall have the following meanings ascribed to them unless the context of their usage clearly indicates another meaning or a more specific definition is introduced in a specific section:
Adult arcade/adult video arcade/adult movie arcade.Any place or establishment containing one or more arcade devices, or any other establishment which offers still or motion pictures, video displays, or games, to which the public is invited, wherein 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 an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which images depict, describe, or relate to “specified sexual activities” or “specified anatomical areas.”
Adult bookstore/adult video store.A commercial establishment which offers books, magazines, films or videotapes, whether for viewing off-premises or on-premises, by use of motion picture machines or other image-producing devices, periodicals, or other printed or pictorial materials, or which sells, rents, or displays video services or products, which are distinguished by or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer, or which offerings, services, or products depict, describe, or relate to “specified sexual activities” or “specified anatomical areas,” and where five percent or more of the retail floor area or display area is used for such offerings or 25 percent or more of the gross sales is derived from the sales of such offerings.
Adult cabaret.A commercial establishment which offers live entertainment which is distinguished by or characterized by an emphasis on matter, physical displays or entertainment intended to provide sexual stimulation or sexual gratification to the customer or which depicts, describes, or relates to “specified sexual activities” or “specified anatomical areas.”
Adult encounter parlor.A commercial establishment which provides premises where customers either congregate, associate, or consort with employees who provide sexual stimulation or sexual gratification to the customer or who engage in “specified sexual activities” or display “specified anatomical areas” in the presence of such customers.
Adult lounge.A commercial establishment which offers live entertainment which is distinguished by or characterized by an emphasis on matter, physical displays or entertainment intended to provide sexual stimulation or sexual gratification to the customer or which matter, physical displays or entertainment depicts, describes, or relates to “specified sexual activities” or “specified anatomical areas” and which is a permitted or licensed premises, pursuant to the Texas Alcoholic Beverage Code, where alcoholic beverages may be served or sold.
Adult modeling studio/nude studio/love parlor.A commercial establishment which provides models who engage in [“specified sexual activities” or display] “specified anatomical areas” or appear nude or in a state of nudity while being observed or painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted.
Adult motel.A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, 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” and which advertises the availability of such material;
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Adult movie theater.A commercial establishment containing a room with seats facing a screen or projection area, which exhibits motion pictures which are distinguished by or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which motion pictures depict, describe, or relate to “specified sexual activities” or “specified anatomical areas.”
Adult novelty shop.A commercial establishment which sells products which are distinguished or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which products depict, describe, or relate to “specified sexual activities” or “specified anatomical areas.”
Applicant.The applicant for a permit shall be all the owners of the business applying for a permit.
Arcade device.Any coin-operated, slug-operated or electronically or mechanically controlled device that dispenses or effectuates the dispensing of displays, still or motion pictures, or video displays featuring matter intended to provide sexual stimulation or sexual gratification to the customer or which matter depicts, describes, or relates to “specified sexual activities” or “specified anatomical areas” and that shows images of [to] five (5) or fewer persons in exchange for the payment of any consideration.
Church.A building in which persons regularly assemble for religious worship and which is intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
Conducts business.A person “conducts business” if that person:
(1) Operates a cash register, cash drawer or other depository on business premises where 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 there are kept;
Displays or takes orders from any person for any merchandise, goods, entertainment other services offered on the business premises;
Delivers or provides to any person any merchandise, goods, entertainment or other services offered on the business premises;
Acts as a door attendant to regulate entry of persons into the business premises; or
Supervises or manages other persons in the performance of any of the foregoing activities on the business premises.
Customer/patron.Any person who:
(1) Is on the premises of a regulated establishment in return for the payment of an admission fee or any other form of consideration or gratuity;
Is on the premises of a regulated establishment and purchases, rents or otherwise utilizes any merchandise, goods, entertainment or other services offered therein; or
Is on the premises of a regulated establishment operating as a private club and is a member of such club.
Employee.Any person who conducts business in or renders any service whatsoever to any person in a regulated establishment or who works in or about such a regulated establishment and who receives compensation for such service or work from the operator or owner of the regulated establishment or from the customers therein. The term “employee” includes an independent contractor. A person is an employee if that person is an employee of the owner of a regulated establishment and is at any time on the premises of such regulated establishment, whether working or not.
Entertainment.Any act or performance, such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by an owner, employee, or customer, intended to provide sexual stimulation or sexual gratification to a customer. The term “entertainment” shall also mean an owner, employee, or customer engaging in “specified sexual activities” or exposing “specified anatomical areas” in the presence of a customer.
Escort.A person who for consideration agrees or offers to act as a companion, guide, or date for a person or persons, and who agrees or offers to privately model lingerie or to privately expose “specified anatomical areas” or appear nude or in a state of nudity for that person or persons or requests that person or persons to expose “specified anatomical areas” or appear nude or in a state of nudity. The client in no way can appear in the nude or expose any part of the body.
Escort agency.A commercial establishment which furnishes, offers to furnish, or advertises to furnish an escort to a person or persons for a fee, tip, or other consideration.
Manager.An owner, manager, employee or other individual appointed by the owner to manage, direct and control the premises and operations of the sexually oriented business. A manager is an individual principally in charge of a regulated establishment at any time and who is responsible for the conduct of business.
Model.Any person who poses to be observed, viewed, sketched, painted, painted upon, sculpted, drawn, photographed, or otherwise depicted while engaging in “specified sexual activities” or displaying “specified anatomical areas” or while appearing nude or in a state of nudity.
Nude or state of nudity.A state of dress that less than completely and opaquely covers:
(1) A live human in full nudity;
A human pubic region or pubic hair;
The crevice of the human buttocks;
Portions of the post-puberty female breast or breasts below a point beginning immediately above the top of the areola and continuing downward to the lowest portion of the breast; or
Any combination of the above.
Owner.The proprietor, if a sole proprietorship; all general partners and all limited partners with twenty (20) percent or more of the investment in the partnership, if a partnership; or all officers, directors, and any persons holding twenty (20) percent or more of the outstanding shares, if a corporation.
Permit.A current, valid permit issued by the chief of police pursuant to the terms of this article to the owner of a sexually oriented business.
Person.A natural person and those entities defined as “person” in Texas Government Code section 311.005(2).
Premises.A tract of land occupied by a regulated establishment; provided, however, if a building has been physically divided into separate units such that each unit has its own individual means of ingress or egress to the exterior of the building and which units are offered by lease or otherwise for separate use and control, then “premises” shall refer to each such separate unit.
Sexually oriented business.An adult cabaret, adult lounge, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, adult novelty shop, adult arcade, adult encounter parlor, escort agency, 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 or which sells, rents or exhibits pictures, whether motion or still, or sells, rents or exhibits devices or any other items distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”
Specified anatomical areas.Less than completely and opaquely covered human genitals, pubic region, anus or portions of the post-puberty female breast or breasts below a point beginning immediately above the top of the areola and continuing downward to the lowest portion of the breast, or human genitals in the state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state.
Specified sexual activities.Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic genital, pubic region, buttocks, anus, or female breasts.
Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of the activities set forth in subsections
(1) through
(3) above.
Transfer of ownership or control of a sexually oriented business.Any of the following:
(1) The sale, lease, or sublease of the business.
The cumulative transfer of securities which constitute a twenty (20) percent or more interest in the business, whether by sale, exchange, or other similar means.
The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business.
The transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ordinance A-912, sec. 14C-2, adopted 11/14/05; Ordinance adopting Code)