(a)
It
is the purpose of this article to regulate sexually oriented businesses
to promote the public health, safety, morals and general welfare of
the citizens of the city, and to establish reasonable and uniform
regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the city.
(b)
The
provisions of this article have neither the purpose nor the effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials.
(c)
Similarly,
it is neither the intent nor the effect of this article to restrict
or deny adults access to sexually oriented entertainment, or to restrict
or deny distributors and exhibitors of sexually oriented entertainment
access to their intended market.
(d)
Neither
is it the intent nor the effect of this article to condone or legitimize
the distribution of obscene materials.
(1997 Code, sec. 113.01)
For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically operated 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 depicting or describing
specified sexual activities or specified anatomical areas.
A commercial establishment that, 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, compact
disc visual discs, digital visual discs, computer pictures, slides
or other visual representations that depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as either:
Two percent or more of its gross revenue is derived from the
sale or rental of the specified materials that depict or describe
specified sexual activities or specified anatomical areas; or
Two percent or more of its inventory consists of the specified
materials that depict or describe specified sexual activities or specified
anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
that regularly features:
Persons who appear in a state of total nudity or semi-nudity;
Live performances characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, compact visual discs,
digital visual discs, computer pictures, slides or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration;
[and] provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, compact visual discs, digital
visual discs, computer pictures, slides or other photographic reproductions
characterized by the depiction or description of specified sexual
activities or specified anatomical areas; including those that have
a sign visible from the public right-of-way that advertises the availability
of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than ten hours or based on an hourly rate; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten hours or based on
an hourly rate.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, compact visual discs, digital
visual discs, computer pictures, 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 theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear in a state
of nudity and/or semi-nudity, or live performances characterized by
the exposure of specified anatomical areas or by specified sexual
activities.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a body
rub, bathing of the body, or striptease for another person for the
purpose of sexual arousal.
A person or business association that furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
Any place 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, male genitals,
female genitals, or areola of the breast.
A person in whose name a special use permit to operate a
sexually oriented business has been issued, and the person who owns
the building and/or land on which the business is located, as well
as the individual listed as an applicant on the application for a
permit.
An individual human, partnership, copartnership, firm, company,
limited liability partnership or other partnership, or other such
company, joint venture, joint-stock company, trust, estate, governmental
entity, association, corporation or any other legal entity, or their
legal representatives, agents or assigns. The masculine gender shall
include the feminine, and the singular shall include the plural, where
indicated by the context.
A state of dress in which clothing covers no more than the
genitals, pubic region, and/or areola of the breast, as well as portions
of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers any of the following for consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more internal portion of the female genitals.
Any of the following:
The increase in floor area occupied by the business by more
than 25%, as the floor area existed on the effective date of this
article, or under a certificate of occupancy therefor.
Any of the following:
The sale, leasing or subleasing of the business;
The transfer of securities that constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(1997 Code, sec. 113.02)
Sexually oriented businesses are classified as follows:
(1)
Adult
arcades;
(2)
Adult
bookstores or adult video stores;
(3)
Adult
cabarets;
(4)
Adult
motels;
(5)
Adult
motion picture theaters;
(6)
Adult
theaters;
(7)
Escort
agencies;
(8)
Nude
model studios; and
(9)
Sexual
encounter centers.
(1997 Code, sec. 113.03)
(a)
This
article allows the opportunity for consideration of special use permits
to be issued for sexually oriented businesses in the commercial district
zoning only.
(b)
The
following uses may be permitted within the city by special use permit
only in the industrial zoning district:
(c)
No use listed in subsection (b) above shall be established within the locational restrictions as set forth in the zoning ordinance.
(d)
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises as described in subsection (c) above, or to the nearest boundary of any residentially zoned district, or from the closest exterior wall of the structure in which a sexually oriented business is proposed to be located to the nearest exterior wall of any other sexually oriented business.
(e)
For
the purposes of this section, if sexually oriented businesses cannot
be located within a minimum of 3% of the existing zoning districts
within the city limits, including all nonconforming use sexually oriented
businesses, due to limitations as set forth in this section, the city
will, upon written request from an applicant, review the current zoning
districts and shall allow zoning alterations as necessary so that
a minimum of 3% of the city-wide zoning, cumulatively within the city
limits, can be occupied by a special use permitted sexually oriented
business, including all nonconforming use sexually oriented businesses.
(1997 Code, sec. 113.04; Ordinance
adopting Code)
(a)
A
person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises, in a viewing
room of less than 150 square feet of floor space, a film, videocassette,
compact visual disc, digital visual disc, computer picture, slide
or other video reproduction that depicts specified sexual activities
or specified anatomical areas shall comply with the following requirements:
(1)
The application for a special use permit for a sexually oriented
business shall be accompanied by a diagram of the premises, showing
a plan thereof specifying the location of one or more manager’s
stations and the location of all overhead lighting fixtures, and designating
any portion of the premises in which patrons will not be permitted.
(A)
A manager’s station may not exceed 32 square feet of floor
area.
(B)
The diagram shall also designate the place at which the permit, if
granted, will be conspicuously posted.
(C)
A professionally prepared diagram in the nature of an engineer’s
or architect’s blueprint shall not be required.
(D)
However, each diagram should be oriented to the north or to some
designated street or object, and should be drawn to a designated scale
or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy
of plus or minus one foot.
(E)
The building official may waive the foregoing diagram for renewal
applications, if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises is
correct and has not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of an amendment to
the special use permit.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one employee is on duty and situated in each manager’s
station at all times that any patron is present inside the premises.
(5)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager’s station
of every area of the premises, excluding restrooms, to which any patron
is permitted access for any purpose.
(A)
Restrooms may not contain video reproduction equipment.
(B)
If the premises have two or more manager’s stations designated,
then the interior of the premises shall be configured in such a manner
that there is an unobstructed view, from at least one of the manager’s
stations, of each area of the premises to which any patron is permitted
access for any purpose.
(C)
The view required in this subsection must be by direct line of sight
from the manager’s station.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (a)(5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times, and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1).
(7)
No viewing room may be occupied by more than one person at any time.
(8)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than one footcandle
as measured at the floor level.
(9)
It shall be the duty of the owners and operator, and it shall also
be the duty of any agents and employees present in the premises, to
ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
(1997 Code, sec. 113.05)
It is a defense to prosecution under this article that a person
appearing in a state of nudity did so in a modeling class operated:
(1)
By
a proprietary school licensed by the state; a college, junior college
or university supported entirely or partly by taxation;
(2)
By
a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation; or
(3)
In
a structure:
(A)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing;
(B)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(1997 Code, sec. 113.06)
(a)
A
person commits a misdemeanor if he or she:
(1)
Operates or causes to be operated a sexually oriented business without
a special use permit. All sexually oriented businesses shall be located
within the commercial zoning district, unless such business qualifies
as a nonconforming use.
(2)
Operates or causes to be operated a sexually oriented business without
a permit to operate a sexually oriented business.
(3)
Operates or causes to be operated a sexually oriented business within
within the locational restrictions as set forth in the zoning ordinance.
(4)
Causes or permits the operation, establishment, substantial enlargement,
or transfer of ownership or control of a sexually oriented business
within 1,000 feet of another sexually oriented business.
(5)
Causes or permits the operation, establishment or maintenance of
more than one sexually oriented business, as defined herein, in the
same building, structure, or portion thereof, or the increase of floor
area of any sexually oriented business in any building, structure,
or portion thereof containing another sexually oriented business.
(b)
For the purpose of subsection (a)(3) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure in which any, or any part of any, sexually oriented business is conducted, to the nearest property line of the premises described in subsection (a)(3) of this section.
(Ordinance adopting Code; 1997 Code,
sec. 113.08)
(a)
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of this section [section 4.05.004] shall be deemed a nonconforming use.
(1)
The nonconforming use will be permitted to continue for a period
not to exceed ten years, unless sooner terminated for any reason or
voluntarily discontinued for a period of 30 days or more.
(2)
Such nonconforming uses shall not be increased, enlarged, extended
or altered, except that the use may be changed to a conforming use.
(3)
If two or more sexually oriented businesses are within 1,000 feet
of one another and otherwise in a permissible location, the sexually
oriented business that was first established and continually operating
at a particular location is the conforming use, and the later-established
business is nonconforming.
(b)
A
sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant of a special use permit for a sexually oriented business,
of a church, public or private day care, elementary or secondary school,
institute of higher learning, public park, library, playground or
residential lot within 1,000 feet of the sexually oriented business.
(c)
All
nonconforming sexually oriented business uses in existence at the
time of passage of this article within the city limits shall have
60 days to apply for a permit to operate such sexually oriented business.
(1997 Code, sec. 113.09)
(a)
All
sexually oriented businesses located within the city limits must have
a special use permit or qualify as a nonconforming use and have a
permit to operate as provided herein.
(b)
Each
person having ownership interest, control or owning the property upon
which the sexually oriented business is to be located must have filled
out an application, and his or her name must appear on the permit.
(1997 Code, sec. 113.07(A))
A commercial establishment that is a sexually oriented business,
as herein defined, shall at all times of operation within the city
limits have a valid permit.
(1)
A
person commits an offense if that person conducts business as a sexually
oriented business within the city, unless a valid special use permit
has been issued by the city for the conduct of such business.
(2)
A
person commits an offense if that person conducts business as a sexually
oriented business within the city limits, unless the person has a
valid permit that is posted 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, or behind the bar in a conspicuous manner.
(3)
(A)
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.
(B)
A permittee commits an offense if the permittee attempts to avoid
such responsibility by creating any device, scheme or plan that surrenders
control of the employees, premises or business of the permittee to
persons other than the permittee.
(1997 Code, sec. 113.07(B))
A permit, renewal or transfer permit shall be issued unless
one or more of the following conditions exists:
(1)
The
applicant has located the sexually oriented business in violation
of this article, unless the business is a nonconforming use as defined
herein.
(2)
The
applicant(s) failed to supply all of the information required on the
application.
(4)
The
applicant, or any one applicant, has been convicted of a felony for
which not less than ten years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, or a misdemeanor for which less than
two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever date
is the later date, of a crime in any state involving:
(A)
Public lewdness, indecent exposure, or indecency with a child, as
described in the Texas Penal Code;
(B)
Prohibited sexual conduct, enticing a child, harboring a runaway
child, or sale or purchase of a child, as described in the Texas Penal
Code;
(C)
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 defined in the Texas Penal Code;
(D)
Facilitation, attempt, conspiracy or solicitation to commit any of
the foregoing offenses; or
(E)
Any similar offense to those described above under the criminal or
penal code of another state.
(5)
(A)
Any applicant, or any one applicant, refuses to provide a complete
and current NCIC and TCIC criminal history of the applicant obtained
by the applicant from the state department of public safety.
(B)
The criminal history must be completed within 15 days of the date
the application is submitted to the building official.
(6)
Permit
fees are not paid in full.
(1997 Code, sec. 113.07(C))
(a)
Initial
permit requests for a special use permit require each owner having
an interest of 10% or more in the sexually oriented business to submit
a complete application and to update the application as changes in
ownership occur (herein the “applicant” or “permittee”).
(b)
The
information required in this section must be provided with each application
and, as changes occur, updated within ten days of any change in the
information required in the application.
(c)
The
following information must be provided on the application form:
(1)
The name and street address (and mailing address if different) of
the applicant and each and every owner with greater than 10% ownership
interest;
(2)
Two copies each of recent photographs of the applicant showing full
face and each side face profile;
(3)
A complete set of fingerprints on forms from the police department;
(5)
The applicant’s driver’s license number, social security
number and, if applicable, his or her state or federally issued tax
identification number;
(6)
The name under which the establishment is to be operated, and a general
description of the services to be provided;
(8)
Whether the applicant has ever been convicted, or is awaiting trial on pending charges, of a crime specified in section 4.05.043(4), and, if so, the nature of the offense(s) and the date, place and jurisdiction of each offense;
(9)
(A)
Whether the applicant has had a previous license or special use permit
under this article or other similar sexually oriented business ordinance
from another city or county denied, suspended or revoked, including
the name and location of the sexually oriented business for which
the license or special use permit was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation; and
(B)
Whether the applicant is or has been a partner in a partnership or
an officer, director or principal stockholder of a corporation that
is or was licensed under a sexually oriented business ordinance whose
license or special use permit has previously been denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the license or special use permit was denied, suspended
or revoked, as well as the date of denial, suspension or revocation;
(10)
Whether the applicant holds any other license or special use permit
under this article or other similar sexually oriented business ordinance
from another city or county and, if so, the names and locations of
such other licensed businesses;
(11)
The address and legal description of the tract of land on which the
establishment is to be located;
(12)
If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the license or special use permit
is sought, and the date on which the establishment began operations
as a sexually oriented business at the location for which the special
use permit is sought; and
(13)
(A)
If the establishment is not in operation, the expected startup date
(which must be expressed in number of days from the date of issuance
of the special use permit);
(B)
If the expected startup date is to be more than ten days following
the date of issuance of the special use permit, then a detailed explanation
of the construction, repair or remodeling work or other cause of the
expected delay, and a statement of the owner’s time schedule
and plan for accomplishing the construction, repair or remodeling
work.
(d)
All
applications for a special use permit must include the following:
(1)
If the establishment is a State of Texas corporation, a certified
copy of the articles of incorporation, together with all amendments
thereto.
(2)
If the establishment is a foreign corporation, a certified copy of
the certificate of authority to transact business in this state, together
with all amendments thereto.
(3)
If the establishment is a limited partnership formed under the laws
of the State of Texas, a certified copy of the certificate of limited
partnership, together with all amendments thereto.
(4)
If the establishment is a foreign limited partnership, a certified
copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto.
(5)
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the recorded
deed, along with the current address(es) and telephone number(s) of
the owner(s).
(6)
If the person(s) identified as the fee owner(s) of the tract of land
are not also the owners of the establishment, then the lease, purchase
contract, purchase option contract, lease option contract or other
document(s) evidencing the legally enforceable right of the owners
or proposed owners of the establishment to have or obtain the use
and possession of the tract, or portion thereof, that is to be used
for the purpose of the operation of the establishment, together with
the correct address and telephone number of each person with an ownership
interest in the property.
(7)
If the property is owned by other than a natural person, the complete
name, address and telephone number of each person with an interest
in the entity must be included in the application.
(8)
(A)
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor, depicting the property lines of any established use listed in section 4.05.004(c) within 1,000 feet of the property to be certified.
(B)
For purposes of this division, a use is considered existing or established
if it is in existence at the time an application is submitted.
(9)
The application must be accompanied by a sketch or diagram showing
the configuration of the premises, including a statement of total
floor space occupied by the business.
(A)
The sketch or diagram need not be professionally prepared, but must
be drawn to a designated scale no smaller than 1/4 inch equals one
foot, with marked dimensions of the placement of the building on the
tract of land and the interior of the premises to an accuracy of plus
or minus six inches.
(B)
All locational requirements must be approved by the building official
within 60 days from the time the application is filed.
(10)
Any of items (1) through (9) above will not be required for a renewal
application if:
(e)
Every
application for a special use permit must contain a statement made
under oath that:
(f)
The
applicant for a sexually oriented business special use permit must
be qualified according to the provisions of this article.
(g)
(1)
If the applicant who wishes to operate a sexually oriented business
is an individual, that individual must sign the application for a
special use permit as the applicant.
(2)
If the applicant who wishes to operate a sexually oriented business
is other than an individual, each individual who has greater than
10% interest in the business must sign and provide all the information
required by the application for a special use permit as an applicant,
and will be considered an operator if a special use permit is granted.
(h)
(1)
The fact that a person possesses any other valid license, certificate
or permit required by law does not exempt him from the requirement
of obtaining a sexually oriented business special use permit.
(2)
A person who operates a sexually oriented business and possesses
another business license, certificate or permit must comply with the
requirements and provisions of this article as well as the requirements
and provisions of the law concerning the other license, certificate
or permit.
(k)
(1)
All sexually oriented businesses located within the city and in operation
as a lawful use conforming to the zoning ordinance before the effective
date of this article are granted a one-time waiver of the application
fee.
(2)
Upon satisfactory completion of the application and surrender of
the existing business’s current certificate of occupancy, a
new special use permit will be issued.
(l)
A
copy of all applications and supporting documentation for special
use permits will be maintained by the building official.
(m)
Upon
receipt of an application or supplemental information, the building
official will review the application to determine if all required
and necessary information has been submitted.
(1)
The building official will issue a letter within a reasonable time
after receipt of the application or supplemental information, and
advise the applicant whether supplemental information must be submitted.
(2)
The applicant must provide any supplemental information within 30
days or the application will be returned and the filing fee forfeited.
(1997 Code, sec. 113.07(D))
(a)
After
the building official has issued a letter advising the applicant that
the application is complete, the building official will cause signs
(at least 24 inches by 36 inches in size) to be placed on the property
subject to the proposed special use permit of occupancy, that provide
notification by specifically stating, with letters at least three
inches wide and six inches tall, “SEXUALLY ORIENTED BUSINESS
LICENSE APPLICATION PENDING.”
(1)
All lettering on the signs, other than that described above, will
be at least one and one-half inches by two inches in size for each
letter.
(2)
The sign will also include the name, city and state of residence
of each applicant, the date on which the application was filed, and
the time and place of the hearings.
(3)
The signs will be placed on the property in sufficient quantities
and locations to identify the property as being subject to a proposed
sexually oriented special use permit of occupancy.
(4)
One sign will be erected on each lot corner to identify the boundaries
of the property, in addition to one sign for each 300-foot increment
of each public road or highway frontage on the property existing or
any part thereof.
(5)
The signs will be erected within seven days after the building official
has issued a letter advising the applicant that the application is
complete, and will remain erected until the application has been approved
or denied by the city council.
(b)
The
city will give notice of the application and scheduled public hearings
by publication in two consecutive issues of the city’s official
newspaper. Each notice will:
(1)
Be printed in ten-point, boldface type;
(2)
Indicate that a sexually oriented business special use permit has
been applied for;
(3)
Include the exact location, including the street address, of the
place of business for which the certificate is sought;
(4)
Include the names of each owner of the business and, if the business
is operated under an assumed name, the trade name together with the
names of all owners;
(5)
Include, if the applicant is a corporation, the names and titles
of all officers, directors and shareholders of 10% or more of the
corporation;
(6)
Include the dates and times of the public hearings; and
(7)
Be published at least 15 days before each public hearing.
(1997 Code, sec. 113.07(E))
(a)
A
permit shall be valid for one year from its date of issuance.
(c)
Failure
to renew the permit voids the permit.
(1997 Code, sec. 113.07(F))
(a)
A
permit is personal to the persons designated in the application.
(b)
A
permit may not be transferred except pursuant to and in compliance
with this division.
(c)
A
transfer application must be filed within 30 days of any change of
persons designated on the current permit.
(1)
A transfer application shall allow continuation of business under
an existing permit while a new application is being processed.
(2)
Any transfer application shall require and be treated in all respects
as an original permit application.
(3)
In the event that a transfer application is not timely filed, then
the existing permit shall be invalid for any purpose relating to the
operation of the business.
(4)
Provided, however, that nothing in this division shall affect the
nonconforming use provisions herein.
(1997 Code, sec. 113.07(G))
Any violation of this article shall constitute grounds for revocation
of a permit. A permit shall be revoked for any of the following violations:
(1)
The
permittee(s) have located the sexually oriented business in violation
of this article, unless the business is a nonconforming use as defined
herein.
(2)
The
permittee(s) failed to supply all of the information required on the
application.
(4)
The
permittee, or any one permittee, has been convicted of a felony for
which not less than ten years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, or a misdemeanor for which less than
two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever date
is the later date, of a crime in any state involving:
(A)
Public lewdness, indecent exposure or indecency with a child, as
described in the Texas Penal Code;
(B)
Prohibited sexual conduct, enticing a child, harboring a runaway
child, or sale or purchase of a child, as described in the Texas Penal
Code;
(C)
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 defined in the Texas Penal Code;
(D)
Facilitation, attempt, conspiracy or solicitation to commit any of
the foregoing offenses; or
(E)
Any similar offense to those described above under the criminal or
penal code of another state.
(5)
In
any consecutive 12-month period, there are committed on the permitted
premises more than four criminal offenses that fall in one or more
of the following categories:
(A)
Public lewdness, indecent exposure or indecency with a child, as
described in the Texas Penal Code;
(B)
Prohibited sexual conduct, enticing a child, harboring a runaway
child, or sale or purchase of a child, as described in the Texas Penal
Code;
(C)
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 defined in the Texas Penal Code; or
(D)
Facilitation, attempt, conspiracy or solicitation to commit any of
the foregoing offenses.
(6)
Any
person under the age of 18, not otherwise permitted by the laws of
the state to view the material contained on the premises, is permitted
to enter the premises.
(1997 Code, sec. 113.07(H))
(a)
All
denials and revocations of permit applications and renewals must be
appealed to the city council.
(b)
If
an application for issuance or renewal of a permit is denied or a
permit is revoked, upon notice of the denial or revocation of a permit,
the aggrieved applicant or permittee shall have ten days to appeal
the decision to the city council.
(c)
The
appeal of the revocation of a permit to the city council shall abate
the revocation of the permit until such time as the city council may
hold a public hearing.
(1997 Code, sec. 113.07(I))
(a)
Each
application for a permit, including renewal or transfer, shall be
accompanied by an application fee as provided for in the fee schedule.
(b)
In addition to the fees required for an initial license, the applicant, at the time of making an initial application, shall pay a nonrefundable fee as provided for in the fee schedule for the city to conduct a survey to ensure the proposed sexually oriented business is in compliance with the location restrictions set forth in section 4.05.004.
(c)
Additionally,
for each applicant identified thereon, there shall be an additional
fee as provided for in the fee schedule.
(1997 Code, sec. 113.07(J))
