(a) 
A commercial establishment that is a sexually oriented business shall be permitted in accordance with this article. Each adult cabaret, adult lounge, nude studio, modeling studio, love parlor, adult encounter parlor, escort agency, or other type of sexually oriented business requires a separate permit.
(b) 
A person commits an offense if that person conducts business as a sexually oriented business within the city unless a permit is issued by the chief of police for the conduct of such business.
(c) 
A person commits an offense if that person conducts business as a sexually oriented business within the city unless that person posts the permit at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises.
(d) 
In any prosecution under subsection (b) above, it shall be presumed that no permit has been issued at the time of the alleged offense unless a permit was then posted as provided in subsection (c).
(e) 
Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
(Ordinance A-912, sec. 14C-16, adopted 11/14/05)
(a) 
Applications for a permit, whether original or renewal, must be made to the chief of police by the owner of the business. Applications must be submitted to the police department between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday (city holidays excepted). Application forms shall be supplied by the chief of police.
(b) 
The applicant shall be the owner and shall provide the following information on the application form:
(1) 
The name and street address (and mailing address, if different) and valid state driver’s license number or identification card number of the applicant.
(2) 
The name under which the business is to be operated and a general description of the services and products to be provided.
(3) 
The telephone number of the business.
(4) 
The address, and a legal description of the parcel of land on which the business is to be located.
(5) 
The date on which the owner acquired the business for which the permit is sought, and the date on which the business began operations or intends to begin operations as a sexually oriented business at the location for which the permit is sought.
(c) 
The application shall be accompanied by the following:
(1) 
A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (chapter 36, Texas Business & Commerce Code) if the business is to be operated under an assumed name.
(2) 
If the business is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto.
(3) 
If the business is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto.
(4) 
If the business is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the office of the secretary of state.
(5) 
If the business is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto, filed in the office of the secretary of state.
(6) 
Any of items (1) through (5), above, shall not be required for a renewal application if the applicant states that the documents previously furnished the chief of police with the original application or previous renewals thereof remain correct and current.
(7) 
A diagram of the premises showing a plan thereof specifying the manager’s station location(s), and all overhead lighting fixture locations, and designating any portions of the premises in which patrons will not be permitted. Each diagram should be oriented towards the north or to a designated street. The diagram shall be drawn to a designated scale and accurate to plus or minus six inches.
(d) 
The application shall contain a statement under oath that:
(1) 
The applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct.
(2) 
The applicant has read the provisions of this article regarding sexually oriented businesses.
(e) 
The application shall be signed by all the owners.
(f) 
A separate application and permit shall be required for each business location and for each type of sexually oriented business.
(g) 
The fee for an original or transfer application is three thousand dollars ($3,000.00). The fee for a renewal application is three thousand dollars ($3,000.00). The fee for a reinspection of the premises is five hundred dollars ($500.00). Payment shall be by certified check, cashier’s check or money order. The fee shall be paid in full at the time of application and is not refundable. All fees shall be indexed to the Consumer Price Index and adjusted August 1 each year. Tex. Loc. Gov’t Code section 243.009.
(Ordinance A-912, sec. 14C-17, adopted 11/14/05)
(a) 
Each permit shall be valid for a period of one (1) year and shall expire on the anniversary of its date of issuance unless sooner revoked or surrendered. Each permit shall be subject to renewal as of its expiration date by the filing of a renewal application with the chief of police. Renewal applications will be filed at least thirty days, but not more than 90 days, prior to the expiration of the permit that is to be renewed.
(b) 
A permit is valid only at the location for which it is issued.
(c) 
A person commits an offense if that person counterfeits, forges, changes, defaces, or alters a permit.
(d) 
A permit may be canceled upon written request of the owner and/or the surrender of the actual permit to the chief of police.
(Ordinance A-912, sec. 14C-18, adopted 11/14/05)
(a) 
Within thirty (30) days of receipt of any application, either original or renewal, the chief of police shall grant or deny the requested permit and give written notice to the applicant as to the decision. In the event that the chief of police determines that an applicant is not eligible for a permit, the notice shall include the reasons for the denial of the permit.
(b) 
The chief of police shall issue a permit to the applicant unless one or more of the following conditions exist:
(1) 
The applicant’s sexually oriented business is located within 1000 feet of any other sexually oriented business for which there is a permit. Measurements shall be made in a straight line without regard to intervening structures or objects, from the nearest point on the premises of the sexually oriented business to the nearest point on the premises of any other sexually oriented business.
(2) 
The applicant’s sexually oriented business is located within 1000 feet of any residential district. Measurements shall be made in a straight line without regard to intervening structures or objects, from the nearest point on the premises of the sexually oriented business to the nearest point on the boundary line of such residential district.
(3) 
The applicant failed to supply all of the information requested on the application.
(4) 
The applicant gave fraudulent or untruthful information on the application.
(5) 
The application or the business does not meet any other requirement of this article.
(6) 
The applicant or the spouse of an applicant has been convicted of a felony within the preceding five years or a misdemeanor within the preceding two years of a crime in any state involving:
(A) 
Public lewdness, indecent exposure, or indecency with a child as described in chapter 21 of the Texas Penal Code;
(B) 
Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;
(C) 
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in chapter 25 of the Texas Penal Code;
(D) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as described in chapter 43 of the Texas Penal Code;
(E) 
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(F) 
Any similar offenses to those described above under the criminal or penal code of another state.
(7) 
A sexually oriented business lawfully operating on May 13, 1996, shall be subject to the provisions of this article and shall conform accordingly within one hundred eighty (180) days of the passage of this article.
(Ordinance A-912, sec. 14C-19, adopted 11/14/05)
(a) 
If the chief of police denies the issuance of a permit to an applicant because the location of the sexually oriented business establishment is in violation of section 4.09.073(a) and (c) of this article, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the zoning commission a written request for an exemption from the locational restrictions of section 4.09.073(a) and (c).
(b) 
If the written request if filed with the zoning board within the 10-day limit, the zoning board shall consider the request. The zoning board shall set a date for the hearing within 60 days from the date the written request is received.
(c) 
The zoning board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The zoning board may, in its discretion, grant an exemption from the locational restrictions of section 4.09.073(a) and (c) by a concurring vote of 75 percent of the members of the board if it makes the following findings:
(1) 
That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) 
That the granting of the exemption will not violate the spirit and intent of this article of the city code;
(3) 
That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) 
That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration;
(5) 
That the distance requirements for the location of the sexually oriented business contained in section 4.09.073(a) and (c) of this article may not be reduced by more than 250 feet; and
(6) 
That all other applicable provisions of this article will be observed.
(e) 
The zoning board shall approve or deny the exemption in accordance with the procedures for zoning boards contained in Tex. Loc. Gov’t Code, chapter 211. Notice shall be provided in accordance with the provisions of Tex. Loc. Gov’t Code sections 211.006 and 211.007.
(f) 
If the board denies the exemption, the applicant may not reapply for an exemption from the locational regulations of this article until at least 12 months have elapsed since the date of the board’s action.
(g) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 4.09.073(a) and (c).
(Ordinance A-912, sec. 14C-20, adopted 11/14/05)
A permit is personal to the owner designated in the application, and a new owner should submit a new application to process.
(Ordinance A-912, sec. 14C-21, adopted 11/14/05)
(a) 
A permit may be suspended by the chief of police for a period not to exceed 30 days if the chief of police determines that a permittee or an employee of a permittee has:
(1) 
Violated or is not in compliance with this article;
(2) 
Been convicted for the offense of public intoxication, such offense occurring on the premises of the sexually oriented business.
(b) 
A permittee may appeal the decision of the chief of police in accordance with section 4.09.039(b).
(Ordinance A-912, sec. 14C-22, adopted 11/14/05)
(a) 
The chief of police shall have the authority to revoke a permit for any one or more of the following reasons:
(1) 
The owner or manager of the permitted business knowingly allowed a person under eighteen (18) years of age to enter a business.
(2) 
Three (3) or more convictions within a twenty-four-month period of any of the following offenses have occurred on the premises of the permitted business:
(A) 
Public lewdness, indecent exposure, or indecency with a child as described in chapter 21 of the Texas Penal Code;
(B) 
Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;
(C) 
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in chapter 25 of the Texas Penal Code;
(D) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as described in chapter 43 of the Texas Penal Code;
(E) 
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(F) 
Any similar offenses to those described above under the criminal or penal code of another state.
(3) 
The permittee or the permittee’s spouse has been convicted for any of the following offenses:
(A) 
Public lewdness, indecent exposure, or indecency with a child as described in chapter 21 of the Texas Penal Code;
(B) 
Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;
(C) 
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in chapter 25 of the Texas Penal Code;
(D) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as described in chapter 43 of the Texas Penal Code;
(E) 
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
(F) 
Any similar offenses to those described above under the criminal or penal code of another state.
(4) 
The permittee of the permitted business gave materially false, fraudulent or untruthful information on the original, renewal, or transfer application form.
(5) 
There was a change of owner for which a new application was not timely filed.
(6) 
The permit was not issued in accordance with the criteria contained in this article.
(b) 
Prior to revocation of a permit, the chief of police shall conduct an investigation to determine whether the permit should be revoked. Prior to revocation of a permit under subsection (a)(2) of this section for offenses committed by a person other than a manager or employee, the chief of police shall consider whether the owner, manager or an employee attempted to stop the conduct or notified the police to stop such conduct or were not reasonably in a position to do so. If the chief of police determines that an owner, manager, or employee reasonably attempted to stop such conduct or notified the police to stop such conduct, then that conviction shall not be included as grounds for revocation. If the chief of police determines the permit should be revoked, the chief of police shall notify the owner in writing that the permit is revoked and the reasons for the revocation.
(c) 
The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
(d) 
The fact that a permit has been renewed shall have no effect on the revocation of the permit.
(e) 
Subsection (a)(2) of this section does not apply unless the date of the most recent conviction has occurred within six months of the notice of revocation.
(f) 
Subsection (a)(2) of this section does not apply to adult motels as a ground for revoking the permit unless the permittee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(g) 
When the chief of police revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective. If the permit was revoked under subsection (a)(3) of this section, an applicant may not be granted another permit until the appropriate number of years required under section 4.09.034(b)(6) has elapsed.
(Ordinance A-912, sec. 14C-23, adopted 11/14/05)
(a) 
If the chief of police denies the issuance or renewal of a permit, or suspends or revokes a permit, the chief of police shall send to the applicant or permittee, by certified mail, return receipt requested, written notice of the action and the right to an appeal.
(b) 
Upon receipt of written notice of the denial, suspension, or revocation of a permit, the applicant or permittee whose application for a permit or permit renewal has been denied or whose permit has been suspended or revoked has the right to appeal to the city secretary or a state district court. An appeal to the city secretary must be filed within 10 days after the receipt of the notice of the decision of the chief of police. The city secretary must hear the appeal within 10 days and shall send to the applicant or permittee, by certified mail, return receipt requested, written notice of the action and the right to an appeal within 15 days. An appeal to the state district court must be filed within 30 days after the receipt of the notice of the denial, suspension, or revocation of the permit or within 30 days after the receipt of the notice of the decision of the city secretary. The applicant or permittee shall bear the burden of proof in court.
(Ordinance A-912, sec. 14C-24, adopted 11/14/05)