(a)
It is
the purpose of this article to regulate sexually oriented businesses
in order to promote the health, safety, morals, and general welfare
of the citizens of the city, and to establish reasonable and uniform
regulations to prevent the concentration of sexually oriented businesses
within the city. The provisions of this article have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is neither the intent nor effect of this article to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market.
(Ordinance 104 adopted 1/5/04)
In this article:
Any place to which the public is permitted or 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 (5) or fewer persons per machine at any one (1) time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of “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, video cassettes or video reproductions, 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 nightclub, bar, restaurant, or similar commercial establishment
that regularly features:
persons who appear in a state of nudity or semi-nudity, including
topless dancers, nude dancers or strippers, male or female; or
live performances that are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities;” or
films, motion pictures, video cassettes, slides, or other photographic
reproductions that are 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;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
that are characterized by the depiction or description of “specified
sexual activities” or “specified anatomical areas;”
and has a sign visible from the public right-of-way which advertises
the availability of this type of photographic reproductions; or
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.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are shown that 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 or live performances which are characterized by the exposure
of “specified anatomical areas” or by “specified
sexual activities.”
A building used as a day nursery, children’s boarding
home, child placement agency, religious or charitable encampment for
children or any other place for the care or custody of children under
sixteen (16) years of age.
A building in which persons regularly assemble for worship,
intended primarily for purposes connected with faith, or for propagating
a particular form of belief.
The city manager of Tahoka, Texas or his designated agent.
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 striptease
for another person.
A person who, or business association that, furnishes, offers
to furnish, or advertises to furnish escorts as one of its business
purposes, for a fee, tip, or other consideration.
Means and includes 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.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
Any place where a person who appears in a state of nudity
or semi-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.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner,
or licensee of the business.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A single-family, duplex, townhouse, multiple-family or mobile
home district or area so designated by such uses.
Property used for single-family, duplex, multiple-family,
mobile home park, mobile home subdivision, or campground purposes.
Any public or private learning center, elementary school,
secondary school, junior college, community college, college, university
or other center for post-secondary education.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breasts, 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 for any form of 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.
Human genitals in a state of sexual arousal.
Means and includes any of the following:
the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
masturbation, actual or simulated; or
excretory functions as part of or in connection with any of
the activities set forth in (1) through (3), above.
The increase in floor area occupied by the business by more
than twenty (20) percent, as the floor area existed on the date of
the enactment of this article.
Means and includes any of the following:
the sale, lease, or sublease 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.
(Ordinance 104 adopted 1/5/04)
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.
(Ordinance 104 adopted 1/5/04)
(a)
A person
commits an offense if he operates a sexually oriented business without
a valid license issued by the city for the particular type of business.
(b)
An application
for a license must be made on a form provided by the city manager.
The application form shall be sworn to and shall:
(1)
include
the name and address of the applicant;
(2)
state whether the applicant meets each of the requirements set forth in Section 4.405 of this article;
(3)
include the name and address of each person required to sign the application pursuant to Section 4.404(d) of this article, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person that owns or controls an interest in the business to be licensed; and
(4)
such other matters, consistent with this article, as may be specified in the application form. 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. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (6"). Applicants who must comply with Section 4.419 of this article shall submit a diagram meeting the requirements of Section 4.419 of this article.
(c)
The
applicant must be qualified according to the provisions of this article
and the premises must be inspected and found to be in compliance with
the law by the city manager.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 4.405 of this article and each applicant shall be considered a licensee if a license is granted.
(Ordinance 104 adopted 1/5/04)
(a)
The
city manager shall approve the issuance of a license to an applicant
within thirty (30) days after receipt of an application unless the
city manager finds one or more of the following to be true:
(1)
An
applicant is under eighteen (18) years of age.
(2)
An
applicant or an applicant’s spouse is overdue in payment to
the city of taxes, fees, fines, or penalties assessed against or imposed
upon the applicant or the applicant’s spouse in relation to
a sexually oriented business.
(3)
An
applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request
for information on the application form.
(4)
An
applicant or an applicant’s spouse has been convicted of a violation
of a provision of this article other than the offense of operating
a sexually oriented business without a license, within two (2) years
immediately preceding the application. The fact that a conviction
is being appealed shall have no effect.
(5)
The
license fee required by this article has not been paid.
(6)
An
applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated
an inability to operate or manage a sexually oriented business premises
in a peaceful and law abiding manner, thus necessitating action by
law enforcement officers.
(8)
The
premises to be used for the sexually oriented business are not in
compliance with all applicable city laws, regulations and city council
ordinances.
(9)
An
applicant or an applicant’s spouse has been convicted of a crime:
(A)
involving:
(i)
any of the following offenses as described in Chapter 43 of the Texas
Penal Code:
(aa)
prostitution;
(bb)
promotion of prostitution;
(cc)
aggravated promotion of prostitution;
(dd)
compelling prostitution;
(ee)
obscenity;
(ff)
sale, distribution, or display of harmful material to a minor;
(gg)
sexual performance by a child;
(hh)
employment harmful to children; or
(ii)
possession or promotion of child pornography;
(iii)
sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
(iv)
incest, solicitation of a child, or harboring a runaway child
as described in Chapter 25 of the Texas Penal Code; or
(v)
criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses;
(B)
for which:
(i)
less than two (2) years have elapsed since the date of conviction
of the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
less than five (5) years have elapsed since the date of release
from confinement for the last conviction, whichever is the later date,
if the convictions are of two (2) or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any 24-month
period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant’s spouse.
(c)
The
license, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the sexually oriented business. The license shall be posted in
a conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
(Ordinance 104 adopted 1/5/04)
The annual fee for a sexually oriented business shall be $1,500.00.
(Ordinance 104 adopted 1/5/04)
(a)
An applicant
or licensee shall permit representatives of the police department
and the city manager to inspect the premises of a sexually oriented
business for the purpose of ensuring compliance with the law at any
time it is occupied or open for business.
(b)
A person
who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of
the premises by a representative of the police department at any time
it is occupied or open for business.
(c)
The
provisions of this section do not apply to areas of an adult motel
that are currently being rented by a customer for use as a permanent
or temporary habitation.
(Ordinance 104 adopted 1/5/04)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 4.404. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
(Ordinance 104 adopted 1/5/04)
The city manager shall suspend a license for a period not to
exceed thirty (30) days if he determines that a licensee or an agent
or employee of a licensee has:
(2)
engaged
in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3)
refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(4)
knowingly
permitted gambling by any person on the sexually oriented business
premises; or
(5)
demonstrated
inability to operate or manage a sexually oriented business in a peaceful
and law abiding manner thus necessitating action by law enforcement
officers.
(Ordinance 104 adopted 1/5/04)
(a)
The city manager shall revoke a license if a cause of suspension in Section 4.409 of this article occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
city manager shall revoke a license if he determines that:
(1)
a
licensee gave false or misleading information in the material submitted
to the city manager during the application process;
(2)
a
licensee, an agent or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
a
licensee, an agent or an employee has knowingly allowed prostitution
on the premises;
(4)
a
licensee, an agent or an employee knowingly operated the sexually
oriented business during a period of time when the licensee’s
license was suspended;
(5)
a licensee has been convicted of an offense listed in Section 4.405(a)(9)(A) for which the time period required in Section 4.405(a)(9)(B) has not elapsed;
(6)
on two (2) or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in Section 4.405(a)(9)(A), for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business at the time the offenses were committed;
(7)
a
licensee or an agent or an employee has knowingly allowed any act
of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in or on the licensed premises. The term “sexual
contact” shall have the same meaning as it is defined in Section
21.01, Texas Penal Code; or
(8)
a
licensee is delinquent in payment to the city for any ad valorem taxes,
sales or other taxes related to the sexually oriented business.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee, agent 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.
(e)
When the city manager revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to the revocation, the city manager finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under Section 4.405(a)(8) has elapsed.
(Ordinance 104 adopted 1/5/04)
If the city manager denies the issuance of a license, or suspends
or revokes a license, the city manager shall send to the applicant,
or licensee, by certified mail, return receipt requested, written
notice of the action and the right to an appeal. Upon receipt of written
notice of the denial, suspension, or revocation, the licensee whose
application for a license has been denied or whose license has been
suspended or revoked shall have the right to appeal to the state district
court. An appeal to the state district court must be filed within
thirty (30) days after the receipt of notice of the decision of the
city manager. The licensee shall bear the burden of proof in court.
(Ordinance 104 adopted 1/5/04)
A licensee shall not transfer his license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
(Ordinance 104 adopted 1/5/04)
(a)
A person
commits an offense if the person operates or causes to be operated
a sexually oriented business within one thousand five hundred feet
(1,500') of:
(b)
A person
commits an offense if he or she causes or permits the operation, establishment,
substantial enlargement, or transfer or ownership or control of a
sexually oriented business located within one thousand five hundred
feet (1,500') of another sexually oriented business.
(c)
A person
commits an offense if he or she causes or permits the operation, establishment,
or maintenance of more than one (1) sexually oriented business 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.
(d)
For the purpose of subsection (a) 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 of a church, school, child care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e)
For the purposes of subsection (b) of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f)
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of subsections (a), (b), or (c) of this section shall be deemed a nonconforming use.
|
The nonconforming use will be permitted to continue for a period
not to exceed twelve (12) months, unless sooner terminated for any
reason or voluntarily discontinued for a period of thirty (30) days
or more. Such nonconforming use shall not be increased, enlarged,
extended, or altered except that the use may be changed to a conforming
use. If two (2) or more sexually oriented businesses are within one
thousand five hundred feet (1,500') of one another and otherwise in
a permissible location, the sexually oriented business which was first
established and continually operating at a particular location is
the conforming use and the later-established business(es) is nonconforming.
|
(g)
A sexually
oriented business lawfully operated as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal
of the sexually oriented business license, of a church, school, child
care facility, public park, residential district, or residential lot,
or any building or structure in which alcoholic beverages are offered
for sale, within one thousand five hundred feet (1,500') of the sexually
oriented business. This provision applies only to the renewal of a
valid license, and does not apply when an application for a license
is submitted after a license has expired or has been revoked.
(Ordinance 104 adopted 1/5/04)
(a)
If the
city manager denies the issuance of a license to an applicant because
the location of the sexually oriented business establishment is in
violation of any section of this article, then the applicant may,
not later than ten (10) calendar days after receiving notice of the
denial, file with the mayor a written request for an exemption from
the locational restrictions of this article.
(b)
If the
written request is filed with the mayor within the ten day limit,
the city council shall consider the request. The mayor shall set a
date for a public hearing within sixty (60) days from the date the
written request is received.
(c)
A hearing
by the city council may proceed if a quorum of the city council is
present. The city council shall hear and consider evidence offered
by any interested person. The formal rules of evidence do not apply.
(d)
The
city council may, in its discretion, grant an exemption from the locational
restrictions of this article 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;
(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 or rural 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;
and
(5)
That
all other applicable provisions of this article will be observed.
(e)
The
city council shall grant or deny the exemption by a majority vote.
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 council is final.
(f)
If the
city council grants the exemption, the exemption is valid for one
(1) year from the date of the city council’s action. Upon the
expiration of an exemption, the sexually oriented business is in violation
of the locational restrictions of this article until the applicant
applies for and receives another exemption.
(g)
If the
city council denies the exemption, the applicant may not reapply for
an exemption until at least twelve (12) months have elapsed since
the date of the city council’s action.
(h)
The
grant of an exemption does not exempt the applicant from any other
provisions of this article other than the locational restrictions.
(Ordinance 104 adopted 1/5/04)
(a)
An escort
agency shall not employ any person under the age of eighteen (18)
years.
(b)
A person
commits an offense if he acts as an escort or agrees to act as an
escort for any person under the age of eighteen (18) years.
(Ordinance 104 adopted 1/5/04)
(a)
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
(b)
A person
under the age of eighteen (18) years commits an offense if he appears
in a state of nudity or semi-nudity in or on the premises of a nude
model studio. It is a defense to prosecution under this section if
the person under eighteen (18) years was in a restroom not open to
public view or persons of the opposite sex.
(c)
A person
commits an offense if he appears in a state of nudity or semi-nudity
or knowingly allows another to appear in a state of nudity or semi-nudity
in an area of a nude model studio premises which can be viewed from
the public right-of-way.
(d)
A nude
model 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.
(Ordinance 104 adopted 1/5/04)
(a)
A person
commits an offense if he knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity or semi-nudity
in or on the premises of an adult theater or adult motion picture
theater.
(b)
A person
under the age of eighteen (18) years commits an offense if he knowingly
appears in a state of nudity or semi-nudity in or on the premises
of an adult theater or adult motion picture theater.
(Ordinance 104 adopted 1/5/04)
(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours, creates a rebuttable 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 license, he rents or subrents a
sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(Ordinance 104 adopted 1/5/04)
(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 one hundred fifty (150) square feet of floor space,
a film, video cassette, or other video reproduction which depicts
specified sexual activities or specified anatomical areas, shall comply
with the following requirements:
(1)
Upon
application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager’s stations,
the location of all overhead lighting fixtures, and switches, which
lights are controlled by which switches and designating any portion
of the premises in which patrons will not be permitted. Only agents
or employees shall have access to light switches. A manager’s
station may not exceed thirty-two (32) square feet of floor area.
The diagram shall also designate the place at which the permit will
be conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer’s or architect’s blueprint
shall not be required; 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 six inches (6"). The city
manager may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration for the premises 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 the city manager.
(4)
It
is the duty of the owners and operator of the premises to ensure that
at least one (1) 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 to which any patron is permitted access for any
purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises have two (2) 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 of each area of
the premises to which any patron is permitted access for any purpose
from at least one (1) of the manager’s stations. 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 also shall be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present on the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7)
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 (1.0) footcandle as
measured at the floor level.
(8)
It
shall be the duty of the owners and operator and it also shall be
the duty of any agents and employees present on the premises to ensure
that the illumination described above is maintained at all times that
any patron is present on the premises.
(Ordinance 104 adopted 1/5/04)
(a)
A person
commits an offense if, in a business establishment open to persons
under the age of seventeen (17) years, he displays a book, pamphlet,
newspaper, magazine, film, or video cassette, the cover of which depicts,
in a manner calculated to arouse sexual lust or passion for commercial
gain or to exploit sexual lust or perversion for commercial gain,
any of the following:
(1)
human
sexual intercourse, masturbation, or sodomy;
(2)
fondling
or other erotic touching of human genitals, pubic region, buttocks,
or female breasts;
(3)
less
than completely and opaquely covered human genitals, buttocks, or
that portion of the female breast below the top of the areola; or
(4)
human
male genitals in a discernibly turgid state, whether covered or uncovered.
(b)
In this
section “display” means to locate an item in such a manner
that, without obtaining assistance from an agent or employee of the
business establishment:
(Ordinance 104 adopted 1/5/04)
(a)
Except as provided by subsection (b) of this section, any person violating Section 4.413 of this article, upon conviction, is punishable by a fine in accordance with the general penalty provision found in Section 1.109 of this code, for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(c)
Except as provided by subsection (b) of this section, above, any person violating a provision of this article other than Section 4.413, upon conviction, is punishable by a fine in accordance with the general penalty provision found in Section 1.109 of this code, for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d)
It is a defense to prosecution under Section 4.404(a), Section 4.413 or Section 4.416(d) of this article that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1)
by
a proprietary school licensed by the State of Texas; a college, junior
college, or university supported entirely or partly by taxation;
(2)
by
a private college or university which 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 or semi-nude person is
available for viewing; and
(B)
where in order to participate in a class a student must enroll at
least three (3) days in advance of the class: and
(C)
where no more than one (1) nude or semi-nude model is on the premises
at any one time.
(Ordinance 104 adopted 1/5/04)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 4.413 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 104 adopted 1/5/04)
