A sexually oriented business is defined in chapter 243 of the Local Government Code, section 243.002, or as amended. The city intends hereby to regulate, within that definition, those businesses or business activities, whether in public, semipublic, or private premises (limited by constitutional standards as determined by the Supreme Court of the United States of America) which offer to a patron the opportunity to describe, feel, handle, touch, paint, be in the presence of or be entertained by the unclothed body of another person, or by a person unclothed only as to human genitals or buttocks, or offer the opportunity to photograph or view photographs of any such person or activity.
Sexually oriented business.
(1) 
An establishment or enterprise selling or renting videos, tapes, cassettes, photographs, books, magazines, or other periodicals which are distinctive in that they predominantly emphasize, depict, describe, or relate to “specific sexual activity” or “specific anatomical areas” as defined in this article.
(2) 
An establishment or enterprise offering to patrons live entertainment intended to or resulting in sexual stimulation or sexual gratification through dancing, posing, modeling or acting where any such activity is characterized by a predominant emphasis on “specific sexual activity” or “specific anatomical areas.” This definition includes those permitted or licensed pursuant to the Alcoholic Beverage Code and offering alcohol beverages for sale.
(3) 
An establishment or enterprise displaying, to patrons in automobiles or motorized transportation, motion picture films, videocassettes, television or other visual media, when such media is characterized by a predominant emphasis on “specific sexual activity” or “specific anatomical areas.”
(4) 
An establishment or enterprise offering a venue for patrons to congregate or associate with employees who engage in “specific sexual activity” within the presence of or in view of such patrons or who display “specific anatomical areas” in the presence of or in view of such patrons.
(5) 
An establishment or enterprise which offers to its patrons rooms or enclosures provided with television, film, motion picture, videocassette, slide, or photographic or other visual media which are distinctive in their portrayal of “specific sexual activity” or “specific anatomical areas” and which establishment or enterprise has a sign visible from any public right-of-way and advertises availability of such visual media. This shall be interpreted as including an establishment or enterprise which:
(A) 
Offers a room or enclosure to its patrons for less than a five-hour period; or
(B) 
Generally permits its room or enclosure patrons to sublet a room or enclosure for less than a five-hour period.
(6) 
An establishment or enterprise whose inventory or stock of trade items, products, equipment, or paraphernalia is distinctive by virtue of a predominant emphasis on “specific sexual activity” or “specific anatomical areas,” including those where members of the public or its patrons are excluded from access to portions of the premises by reason of their age, if the inventory or stock is distinctive in its predominant emphasis on “specific sexual activity” or “specific anatomical areas.”
(7) 
An establishment or enterprise offering to its patrons the opportunity to view from film, videotape, or other visual media, within an enclosure with a capacity for 5 or more persons, visual material distinctive in its depiction of “specific sexual activity” or “specific anatomical areas.” This shall be interpreted as including those establishments or enterprises having electrical or mechanical devices which project such visual media into a viewing area obscured by a curtain, door, wall or other enclosure, if the media depicts “specific sexual activity” or “specific anatomical areas” for observation by 5 or fewer patrons.
(Ordinance 634, sec. 16-20, adopted 9/11/03)
Exempted from regulation as a “sexually oriented business,” are the following:
(1) 
Any business operated by or employing counselors, psychologists, physical therapists, athletic trainers, licensed masseuse, cosmetologists, or barbers, licensed by the state, performing functions authorized under the license held.
(2) 
Any business operated by or employing physicians, acupuncturists, osteopaths, chiropractors, or nurses, licensed by the state, engaged in practicing the healing arts.
(3) 
Any retail establishment whose major business is the offering of wearing apparel for sale to customers.
(4) 
Any school, class or business which offers as part of a regular [course] painting, sketching, or photographing of a person(s), whether nude or seminude, and such classes are offered for the purpose of artistic study of the human form.
(5) 
Any business which offers as a service tattooing or body piercing.
(Ordinance 634, sec. 16-21, adopted 9/11/03)
For the purposes of this article, specific sexual activities are defined as:
(1) 
Human genitals in the state of sexual stimulation or arousal;
(2) 
Acts of human masturbation, sexual intercourse, sodomy, acts of bestiality; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(Ordinance 634, sec. 16-22, adopted 9/11/03)
For the purposes of this article, specific anatomical areas are defined as either:
(1) 
Less than completely and opaquely covered:
(A) 
Human genitals, pubic region;
(B) 
Buttock;
(C) 
Female breast below a point which is immediately above the top of the areola; or
(2) 
Human genitals in a discernible erect state, even if completely and opaquely covered.
(Ordinance 634, sec. 16-23, adopted 9/11/03)
(a) 
A sexually oriented business shall be situated more than 1,000 feet from a church, hospital, public or private school, a public park, or a residential dwelling unit.
(b) 
The distance shall be determined utilizing a straight line in all directions from the structure housing the sexually oriented business to the nearest property line on any residentially zoned district, or any lot used for church, school, park, hospital or residential purposes. The measurements for a structure shall be taken from the furthest point that a structure extends in any direction, including overhanging roofs and all other projections or portions of said structure.
(c) 
If the sexually oriented business is located in conjunction with other buildings in a manner where the sexually oriented business is clearly separated from other portions of the structure (for example, an adult bookstore in a shopping center), the sexually oriented business structure’s measurements shall be taken from the boundaries of the space in which the sexually oriented business is housed or confined (not the entire shopping center, motel, or structure).
(d) 
If the sexually oriented business is located in conjunction with other buildings in a manner where said sexually oriented business is situated above the ground level of a multistory structure and is clearly separate from other activities within the structure (for example, an adult bookstore on an upper level of an office tower or hotel), the sexually oriented business measurements shall be taken from the nearest entry to that portion of the structure housing the sexually oriented business, thence to the nearest point of egress (elevator or stairs), thence to the nearest ground floor exit, thence in a straight line to the nearest point on any lot in a residential district or any lot or tract used for church, school or hospital purposes, and any structure housing a sexually oriented business.
(Ordinance 634, sec. 16-24, adopted 9/11/03; Ordinance adopting Code)
(a) 
A sexually oriented business shall be required to hold a specific use permit issued by the city. No such permit shall issue to a sexually oriented business located within an R-1, R-2 or R-3 zoning district. Additionally, each sexually oriented business applying for a permit shall submit a site plan setting forth the dimensions, configuration, and location for such sexually oriented business. The applicant shall certify that the location is more than 1,000 feet from any church, hospital, public or private school, public park or residence.
(b) 
Any permit may be revoked by the city for failure to comply with the terms of this article.
(Ordinance 634, sec. 16-25, adopted 9/11/03)
(a) 
The owner of a sexually oriented business may apply to the planning and zoning commission for an exemption from the location requirements for section 4.07.005, supporting such application with explanatory detail of any grounds or reasons for exemption. Upon receipt of any such application such shall be heard by the planning and zoning commission within not less than 30 days, following notice to all property owners within 500 feet of the proposed location.
(b) 
After considering the application and any opposition, the planning and zoning commission shall make a recommendation to the city commission to grant or deny the exemption.
(c) 
The city commission may, in it discretion, grant an exemption from the location restrictions if it makes the following findings:
(1) 
That the location of the adult entertainment enterprise 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;
(3) 
That the location of the adult entertainment enterprise will not diminish the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) 
That the location of the adult entertainment enterprise will not be inconsistent with any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration;
(5) 
That all outer applicable provisions of this article will be observed.
(d) 
The city commission shall grant the exemption only by a majority vote of the entire commission. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city commission is final.
(e) 
If the city commission grants an exemption, the exemption is valid for one year from the date of the city commission’s action. Upon the expiration of an exemption, an adult entertainment enterprise will be in violation of the location restrictions of subsections (a) and/or (b) and the nonconforming use shall be illegal and shall terminate, unless the applicant applies for and receives another exemption. Such application shall be made with the city secretary at least 90 days prior to the expiration of the exemption.
(f) 
The grant of an exemption does not exempt the application from any other provision of this article other than the location restriction of subsections (a) and (b).
(Ordinance 634, sec. 16-26, adopted 9/11/03)
(a) 
Areas where “specific sexually activity” or the viewing of “specific anatomical areas” is to be conducted, viewed or permitted shall be constructed only as directed by this section. The interior of an adult arcade and/or viewing booth shall be configured in such a manner that there is an unobstructed view of every interior area of the adult arcade and/or viewing booth to which any patron is permitted access for any purpose. This unobstructed view shall be from the manager’s station, then at any of the manager’s stations there shall be at least one unobstructed view to any interior area of the viewing booth or arcade. The view required in this section must be in direct line of sight from the manager’s station.
(b) 
Areas where “specific sexually activity” or the viewing of “specific anatomical areas” is to be conducted, viewed or permitted shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access so that any patron may be observed from the manager’s station.
(Ordinance 634, sec. 16-27, adopted 9/11/03)
A person commits an offense if he operates, or causes to be operated, a sexually oriented business in violation of the terms of this article.
(Ordinance 634, sec. 16-28, adopted 9/11/03)