(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/she appears in a state of nudity in or on the premises of a nude
model studio. It is a defense to prosecution under this subsection
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/she appears in a state of nudity or
knowingly allows another to appear in a state of 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 adopting 1993 Code; 1993
Code, sec. 4.314)
(a) A
person commits an offense if he/she knowingly allows a person under
the age of eighteen (18) years to appear in a state of 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/she knowingly appears in a state of nudity in or on the premises
of an adult theater or adult motion picture theater.
(c) It is a defense to prosecution under subsections
(a) and
(b) above if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.315)
(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/she rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he/she rents or subrents the same sleeping room
again.
(c) For purposes of subsection
(b) above, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.316)
(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, a film, videocassette, 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
and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
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 (6) inches. 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 of 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
or his/her designee.
(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 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 shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in paragraph (5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in 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
(1) above.
(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 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.
(b) A person having a duty under subsections
(a)(1) through
(8) above commits an offense if he/she knowingly fails to fulfill that duty.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.317)
The display of sexually explicit material to minors is unlawful
and punishable in accordance with the provisions of V.T.C.A., Penal
Code, section 43.24.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.318)