(a) 
An owner, manager, or employee of a sexually oriented business shall allow representatives of the police department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time the sexually oriented business is open for business.
(b) 
An owner, manager or employee of a sexually oriented business commits an offense if that person refuses to permit an inspection of the premises at any time it is open for business.
(Ordinance A-912, sec. 14C-3, adopted 11/14/05)
(a) 
Any notice required or permitted to be given by any city personnel or agency under this article to any applicant or owner of a sexually oriented business may be given either by personal delivery or by U.S. Postal Service certified mail, postage prepaid, return receipt requested, to the most current address as specified in the application for the permit, or any amendment thereof which has been received by the chief of police.
(b) 
In the event that any notice given by mail is returned by the U.S. Postal Service, the chief of police shall cause it to be posted in plain view at the principal entrance to the business.
(c) 
A person commits an offense if that person removes any notice or order posted upon any sexually oriented business pursuant to this article. It is a defense to prosecution under this article that the actor had the prior express consent of the chief of police to remove any notice or order.
(Ordinance A-912, sec. 14C-4, adopted 11/14/05)
(a) 
The operation of sexually oriented businesses is prohibited on premises that are located within 1000 feet of a residential district.
(b) 
A person commits an offense if that person conducts business as a sexually oriented business on premises that are located within 1000 feet of a residential district.
(c) 
A person commits an offense if that person is an owner or manager and conducts business at a sexually oriented business on premises that are located within 1000 feet of another sexually oriented business which has been issued a permit under this article.
(Ordinance A-912, sec. 14C-5, adopted 11/14/05)
(a) 
A person under the age of twenty-one (21) years is prohibited from entering into or being on the premises of a sexually oriented business.
(b) 
A person commits an offense if that person is under the age of twenty-one (21) years and knowingly enters into or is on the premises of a sexually oriented business.
(c) 
An owner, manager, or employee commits an offense if that person knowingly, recklessly, or with criminal negligence allows a person who is under the age of twenty-one (21) years to remain on the premises of a sexually oriented business.
(d) 
It shall be the duty of the owner or manager of each regulated business to ensure that an employee is stationed at or has in view each public entrance to the regulated business at all times during regular business hours. It shall be the duty of the employee not to allow any person under the age of twenty-one (21) to enter the establishment.
(e) 
It shall be presumed that an owner, manager, or employee knew a person was under the age of twenty-one (21) years unless such employee asked for and was furnished a valid driver’s license or a valid personal identification certificate issued by the state department of public safety, the licensing authority of another state, or the federal government, reflecting that such person is twenty-one (21) years of age or older.
(Ordinance A-912, sec. 14C-6, adopted 11/14/05)
(a) 
On-premises advertisements, displays, or other promotional materials for a sexually oriented business which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” shall not be shown or exhibited so as to be visible to the public from public places located outside the business premises.
(b) 
A person commits an offense if that person allows on-premises advertisements, displays, or other promotional materials for a sexually oriented business which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” to be shown or exhibited so as to be visible to the public from public places located outside the business premises.
(c) 
Notwithstanding the city zoning ordinance, building code or any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the owner or operator of any sexually oriented business to maintain or have maintained by another person more than one primary sign and more than one secondary sign on the premises of a sexually oriented business.
(d) 
Primary signs shall not exceed one structure or device. Such primary sign shall:
(1) 
Be a flat plane and rectangular in shape;
(2) 
Not exceed seventy-five (75) square feet in area composed of extending lines including the outer extremities of all letters, symbols, figures, characters and delineations or the framework or background, whichever lines include the larger area. Double-faced signs shall count as one face provided that the faces are back to back, parallel and not more than thirty-six inches apart;
(3) 
Not exceed ten (10) feet in height or ten (10) feet in width; and
(4) 
Not contain any moving parts, flashing lights, reflectors, photographs, silhouettes, drawings or pictorial representations of any manner.
(e) 
Secondary signs shall have only one (1) display surface. The surface display shall:
(1) 
Be a flat plane and rectangular in shape;
(2) 
Not exceed twenty (20) square feet in area;
(3) 
Not exceed five (5) feet in height or eight (8) feet in width;
(4) 
Be affixed flat against any wall or door of the business; and
(5) 
Not contain any moving parts, flashing lights, reflectors, photographs, silhouettes, drawings or pictorial representations of any manner.
(f) 
In this section, “premises” or “on-premises” means all of a tract of commercial property in which a sexually oriented business is located, in addition to the area encompassed in the definition of “premises” contained in section 4.09.002 of this article.
(Ordinance A-912, sec. 14C-8, adopted 11/14/05)
(a) 
Each room or compartment of the sexually oriented business to which patrons are allowed access shall have a sign posted with a sexually transmitted disease (STD) educational message, which will consist of one of the following statements in both the English languages [sic] in letters not less than one and one-half (1-1/2) inches in height:
STOP SEXUALLY TRANSMITTED DISEASES
AVOID CONTACT WITH SEXUAL FLUIDS
SEXUALLY TRANSMITTED DISEASES ARE TRANSMITTED BY SEX WITHOUT CONDOMS
(b) 
An owner of a sexually oriented business commits an offense if the sexually oriented business does not have an STD educational message posted in plain view in each room or compartment of the sexually oriented business to which patrons are allowed access.
(c) 
All sexually oriented businesses shall be kept in a clean and sanitary condition. This subsection shall be enforced in accordance with provisions of the Texas Health & Safety Code and the public health provisions of the Code of Ordinances of the city.
(Ordinance A-912, sec. 14C-9, adopted 11/14/05)
(a) 
The owner shall designate and appoint an individual(s) to manage, direct and control the premises and operations of the sexually oriented business.
(b) 
The person(s) appointed to manage, direct and control the sexually oriented business shall remain in or upon the premises at all times the sexually oriented business is open.
(c) 
During the time a person is on duty as manager, the person appointed to manage, direct and control the sexually oriented business shall at all times be responsible for the conduct of each employee in the sexually oriented business.
(Ordinance A-912, sec. 14C-10, adopted 11/14/05)
(a) 
In each adult arcade, at least one manager’s station shall be located within the premises and such location(s) shall provide an employee, operator or owner on duty with an unobstructed view of every area of the adult arcade to which any patron is permitted access for any purpose, other than toilet facilities, from said manager’s station. If an adult arcade has two or more manager’s stations, the interior design of the adult arcade shall be configured to provide an unobstructed view of each area of the adult arcade to which any patron is permitted access for any purpose, other than toilet facilities, from at least one of the manager’s stations. The view required must be by direct line of sight from a manager’s station and there must be sufficient light for a person at the manager’s station(s) to view every area of the adult arcade to which any patron is permitted access for any purpose, other than toilet facilities. Each manager’s station shall be manned at all time. It shall be the duty of the owners, managers and employees of the adult arcade to ensure that the view area specified in this article remains unobstructed by merchandise, display racks or other materials at all times that any patron is present in the adult arcade.
(b) 
No owner, manager or employee of an adult arcade shall equip or allow to remain equipped any area to which patrons are permitted access with screens, doors, curtains or obstructions and coverings of any kind that prevent a direct and unobstructed view of the area. This subsection shall not apply to toilet facilities, nor shall it be deemed to prevent the use of exterior doors.
(c) 
All interior walls of any areas into which patrons are allowed access shall be continuous from floor to ceiling with no apertures, holes or other openings.
(d) 
A viewing compartment, cubicle, or booth shall not be occupied by more than one (1) person at any time.
(Ordinance A-912, sec. 14C-11, adopted 11/14/05)
(a) 
The owner or manager of a sexually oriented business shall not employ as an escort any person under the age of eighteen (18) years.
(b) 
A person commits an offense if that person acts as an escort or agrees to act as an escort for any person under the age of twenty-one (21) years.
(c) 
An owner or manager of an escort agency commits an offense if that person employs as an escort any person under the age of twenty-one (21) years.
(Ordinance A-912, sec. 14C-12, adopted 11/14/05)
(a) 
An owner, manager, or employee of an adult modeling studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(b) 
An owner, manager, or employee commits an offense if that person places or permits a bed, sofa, or mattress in any room on the premises, except in a reception room open to the public.
(c) 
No person shall be permitted to use the premises as living quarters or a residence in any capacity, temporarily or permanently.
(d) 
An owner, manager, or employee of an adult modeling studio commits an offense if that person uses or allows another person to use the premises as living quarters or a residence in any capacity, temporarily or permanently.
(e) 
No sexually oriented business shall be kept open for business between the hours of 2:00 a.m. and 11:00 a.m. Monday through Thursday.
(f) 
An owner, manager, or employee of a sexually oriented business commits an offense if that person conducts business as a sexually oriented business or operates a sexually oriented business between the hours of 3:30 a.m. and 11:00 a.m. on Friday or Saturday.
(Ordinance A-912, sec. 14C-13, adopted 11/14/05)
(a) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a presumption that the establishment is an adult motel as that term is defined in this article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business permit, that person rents or subrents a sleeping room to a person and, within ten (10) hours from the time the [room] is rented, that person rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(Ordinance A-912, sec. 14C-14, adopted 11/14/05)
(a) 
An owner, manager, or employee of an adult cabaret/adult lounge commits an offense if, while exposing that person’s genitals, pubic region or pubic hair, or the crevice of the buttocks, he or she is on the premises of an adult cabaret/adult lounge.
(b) 
An owner, manager, or employee of an adult cabaret/adult lounge commits an offense if, while appearing nude or in a state of nudity, he or she touches a customer or the clothing of a customer.
(c) 
A customer at an adult cabaret/adult lounge commits an offense if he or she touches an employee or touches the employee’s clothing while the employee is appearing nude or in a state of nudity.
(d) 
An owner, manager, or employee commits an offense if that person permits any customer access to an area of the premises not visible by a walk-through of the premises without entering a closed area, excluding toilet facilities.
(e) 
An owner or manager who operates an adult cabaret/adult lounge commits an offense if the owner or manager operates an establishment without maintaining a current list of all employees. The list must be kept on file at the establishment at all times whether the employee is on or off duty and include the following information regarding each employee:
(1) 
Correct legal name.
(2) 
All aliases or stage names.
(3) 
Date of birth.
(4) 
Race.
(5) 
Color of hair and eyes.
(6) 
Current residence and phone number.
(7) 
Texas driver’s license number or identification.
(8) 
Current physical health card issued by a physician.
(f) 
The owner, manager, or employee of a regulated establishment commits an offense by failing to provide or by providing false or deceptive information on an employee list that was requested by a licensed peace officer for purposes related to the enforcement of this article.
(Ordinance A-912, sec. 14C-15, adopted 11/14/05)