(a)
It
is the purpose of this article to regulate sexually oriented businesses
to promote the health, safety, morals, and general welfare of the
citizens of the city; to establish reasonable and uniform regulations
to prevent the concentration of sexually oriented businesses within
the city; and to minimize the secondary effects of sexually oriented
businesses both inside such businesses and outside in the surrounding
community. The provisions of this article have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials or performances, including sexually
oriented materials and performances. Similarly, it is neither the
intent nor effect of this article to restrict or deny access by adults
to sexually oriented materials and conduct protected by the First
Amendment.
(b)
This
article is promulgated pursuant to chapter 243 of the Texas Local
Government Code, as amended.
(c)
A
license or permit granted under this article or under any other city
ordinance does not authorize or legalize any conduct, activity, or
business that is illegal under state or federal law.
(Ordinance 01262018, sec. I, adopted 1/26/18)
means any place to which the public is permitted or invited
wherein coin-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 or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by the depicting or describing
of “specified sexual activities” or “specified anatomical
areas.”
means 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, DVDs, videocassettes, 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.”
means a commercial establishment that regularly offers “adult
cabaret entertainment” to customers.
means a person who engages in or performs “adult cabaret
entertainment.”
means live entertainment that:
means a commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
means:
A person in whose name a license to operate a sexually oriented
business will be issued;
Each individual who signs an application for a sexually oriented
business license as required by this article;
Each individual who is an officer of a sexually oriented business
for which a license application is made, regardless of whether the
individual’s name or signature appears on the application;
Each individual who has a 20 percent or greater ownership interest
in a sexually oriented business for which a license application is
made, regardless of whether the individual’s name or signature
appears on the application; and
Each individual who exercises substantial de facto control over
a sexually oriented business for which a license application is made,
regardless of whether the individual’s name or signature appears
on the application.
means a conviction in a federal court or a court of any state
or foreign nation or political subdivision of a state or foreign nation
that has not been reversed, vacated, or pardoned. “Conviction”
includes disposition of charges against a person by probation or deferred
adjudication.
means the person or persons identified in the license application,
or in any supplement or amendment to the license application, as being
a designated operator of the sexually oriented business.
means any individual who:
means:
A person in whose name a license to operate a sexually oriented
business has been issued;
Each individual listed as an applicant on the application for
a license;
Each individual who is an officer of a sexually oriented business
for which a license has been issued under this article, regardless
of whether the individual’s name or signature appears on the
license application;
Each individual who has a 20 percent or greater ownership interest
in a sexually oriented business for which a license has been issued
under this article, regardless of whether the individual’s name
or signature appears on the license application; and
Each individual who exercises substantial de facto control over
a sexually oriented business for which a license has been issued under
this article, regardless of whether the individual’s name or
signature appears on the license application.
means a person under the age of 18 years.
means:
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
A state of dress that fails to completely and opaquely cover
a human buttock, anus, male genitals, female genitals, or any part
of the female breast or breasts that is situated below a point immediately
above the top of the areola.
means any person who has managerial control of the on-site,
day-to-day operations of a sexually oriented business, regardless
of whether that person is a designated operator of the sexually oriented
business.
means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, escort agency,
nude model studio, or other commercial enterprise the primary business
of which is the offering of a service or the selling, renting, or
exhibiting of devices or any other items intended to provide sexual
stimulation or sexual gratification to the customer.
(Ordinance 01262018, sec. II, adopted 1/26/18)
(a)
A
violation of any provision of this article is punishable as provided
by section 243.010(b) of the Texas Local Government Code, as amended.
A person violating a provision of this article is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued, or permitted.
(b)
A
person who operates or causes to be operated a sexually oriented business
in violation of this article is subject to a suit for injunction.
(Ordinance 01262018, sec. XX, adopted 1/26/18)
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)
Escort
agencies;
(7)
Nude
model studios; and
(8)
Any
establishment offering a service or providing a good pursuant to the
definition of a “sexually oriented business” as defined
within this article.
(Ordinance 01262018, sec. III, adopted 1/26/18)
(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)
A
licensee commits an offense if he fails to maintain at least one designated
operator present on the premises of the sexually oriented business
during all hours of operation.
(Ordinance 01262018, sec. IV, adopted 1/26/18)
(a)
An
application for a license must be made on a form provided by the city
secretary. 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 diagram must also
designate the place at which the permit will be conspicuously posted
at the business, if granted.
(1)
The sketch or diagram accompanying an application for a license for
a sexually oriented business shall also specify the location of one
or more manager’s stations.
(2)
The city secretary 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.
(b)
Only
a person who is an officer of or who has an ownership interest in
a sexually oriented business may apply for a license for the business.
Each applicant must be qualified according to the provisions of this
article.
(c)
If
a person who wishes to operate a sexually oriented business is an
individual, he must sign the application for a license as the applicant.
If a person who wishes to operate a sexually oriented business is
other than an individual, each individual who is an officer of the
business or who has a 20 percent or greater ownership interest in
the business must sign the application for a license as an applicant.
The application must be sworn to be true and correct by each applicant.
Each applicant must be qualified pursuant to this article, and each
applicant shall be considered a licensee if a license is granted.
(d)
In addition to identifying those persons required to sign an application under subsection (c), the application must identify all parent and related corporations or entities of any person who will own or operate the sexually oriented business and include the names of the officers of each parent or related corporation or entity.
(e)
The
application must also include the name, address, and telephone number
of one or more designated operators who will be present on the premises
of the sexually oriented business during all hours of operation. The
applicant or licensee shall maintain a current list of designated
operators with the city secretary. Before a person may serve as a
designated operator of the sexually oriented business, the person
must be named in the license application, or a supplement or amendment
to the license application, and not be disqualified to operate a sexually
oriented business under this article.
(f)
The
application must include a current official Texas criminal history
report with a fingerprint card (issued within the preceding 12 months)
for the applicant, the applicant’s spouse, if any, and each
designated operator showing that they are not disqualified to operate
a sexually oriented business under this article.
(Ordinance 01262018, sec. V, adopted 1/26/18)
(a)
The
city secretary shall approve the issuance of a license to an applicant
within 30 days after receipt of an application unless the city secretary
finds one or more of the following to be true:
(1)
An applicant is a minor.
(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, an applicant’s spouse, or a designated operator
has been convicted of a violation of a provision of this article within
two years immediately preceding the application.
(5)
Any fee required by this article has not been paid.
(6)
(A)
An applicant, an applicant’s spouse, or a designated operator
has been convicted of any of the following offenses:
(i)
As described in chapter 43 of the Texas Penal Code:
(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; and
(B)
(i)
Less than two years have elapsed since the date of conviction
or 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 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 years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any 24-month period.
(7)
An applicant has been operating the proposed business as a sexually
oriented business without a valid license issued under this article.
(b)
The
fact that a conviction is being appealed has no effect on the disqualification
of the applicant, the applicant’s spouse, or a designated operator.
(c)
Except
as otherwise provided in this section, when the city secretary denies
issuance or renewal of a license, the applicant may not apply for
or be issued a sexually oriented business license for one year after
the date the denial became final. If, subsequent to the denial, the
city secretary finds that the basis for the denial has been corrected
or abated, the applicant may apply for and be granted a license if
at least 90 days have elapsed since the date the denial became final.
(d)
The
city secretary, upon approving issuance of a sexually oriented business
license, shall send to the applicant, by certified mail, return receipt
requested, written notice of that action and state where the applicant
must pay the license fee and obtain the license. The city secretary’s
approval of the issuance of a license does not authorize the applicant
to operate a sexually oriented business until the applicant has paid
all fees required by this article and obtained possession of the license.
(e)
The
license, if granted, must 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 must 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 01262018, sec. VI, adopted 1/26/18)
The annual fee for a sexually oriented business license is as
set forth in the fee schedule in appendix A of this code and is nonrefundable.
(Ordinance 01262018, sec. VII, adopted 1/26/18; Ordinance adopting 2023 Code)
A person who operates a sexually oriented business or the person’s
agent or employee commits an offense if he refuses to permit a lawful
inspection of the premises by a representative of law enforcement
or the building official at any time the sexually oriented business
is occupied or open for business and at other reasonable times upon
request.
(Ordinance 01262018, sec. VIII,
adopted 1/26/18)
(a)
A
person commits an offense if he operates a sexually oriented business
without maintaining on the premises a current registration card or
file that clearly and completely identifies all employees of the sexually
oriented business.
(b)
The
registration card or file must contain the following information for
each employee:
(1)
Full legal name.
(2)
All aliases or stage names.
(3)
Date of birth.
(4)
Race and gender.
(5)
Hair color, eye color, height, and weight.
(6)
Current residence address and telephone number, and, for designated
operators and adult cabaret entertainers, all residence addresses
during the 12-month period preceding commencement of an employment
or contractual relationship with the sexually oriented business.
(7)
A legible copy of a valid driver’s license or other government-issued
personal identification card containing the employee’s photograph
and date of birth.
(8)
Date of commencement of employment or contractual relationship with
the sexually oriented business.
(9)
Original color photograph with a full-face view that accurately depicts
the employee’s appearance at the time the employee commenced
an employment or contractual relationship with the sexually oriented
business.
(c)
The licensee shall maintain a separate file on each designated operator (other than the licensee or the licensee’s spouse) which contains, in addition to the information and documentation required in subsection (b), the person’s current official Texas criminal history report with a fingerprint card issued within the preceding 12 months.
(d)
Not
later than 90 days after employing or contracting with a designated
operator, the licensee shall include in the file a current official
criminal history report from any state other than Texas in which the
designated operator resided during the 12-month period preceding commencement
of the employment or contractual relationship with the sexually oriented
business.
(e)
A
licensee commits an offense if he allows a designated operator to
operate a sexually oriented business without having on file, and available
for inspection by representatives of the city or law enforcement,
all records and information required by this section for the designated
operator.
(f)
All
records maintained on an employee in compliance with this section
must be retained at the sexually oriented business for at least 90
days following the date of any voluntary or involuntary termination
of the employee’s employment or contract with the sexually oriented
business.
(g)
A
person who operates a sexually oriented business or the person’s
agent or employee shall allow immediate access to these records by
representatives of the city or law enforcement.
(Ordinance 01262018, sec. IX, adopted 1/26/18)
Each license expires one year from the date of issuance. A license
may be renewed only by making application. Application for renewal
should be made at least 30 days before the expiration date.
(Ordinance 01262018, sec. X, adopted 1/26/18)
The city secretary shall suspend a license for a period not
to exceed 30 days if it is determined that a licensee, an operator,
or an employee has:
(1)
Violated
or is not in compliance with any provision of this article; or
(2)
Knowingly
permitted illegal gambling by any person on the sexually oriented
business premises.
(Ordinance 01262018, sec. XI, adopted 1/26/18)
(a)
The
city secretary shall revoke a license if a cause of suspension occurs
and the license has been suspended within the preceding 12 months.
(b)
The
city secretary shall revoke a license if the city secretary determines
that one or more of the following is true:
(1)
A licensee gave false or misleading information in the material submitted
to the city secretary during the application process.
(2)
A licensee or an operator has knowingly allowed possession, use,
or sale of controlled substances on the premises.
(3)
A licensee or an operator has knowingly allowed prostitution on the
premises.
(4)
A licensee or an operator knowingly operated the sexually oriented
business during a period of time when the licensee’s license
was suspended.
(5)
A licensee or designated operator has been convicted of an offense
listed herein for which the time period required has not elapsed.
(6)
On two or more occasions within a 12-month period, an employee of
the sexually oriented business committed an offense listed herein
for which a conviction has been obtained, and the offense was committed
on the premises of the sexually oriented business.
(7)
A licensee or an operator has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact
to occur in or on the sexually oriented business premises.
(8)
A licensee is delinquent in payment to the city for ad valorem taxes,
or sales taxes related to the sexually oriented business.
(9)
A licensee or an operator has violated this article.
(c)
The
fact that a conviction is being appealed has no effect on the revocation
of the license.
(d)
When
the city secretary revokes a license, the revocation will continue
for one year, and the licensee, for one year after the date revocation
becomes effective, shall not apply for or be issued a sexually oriented
business license for the same location for which the license was revoked.
If, subsequent to revocation, the city secretary finds that the basis
for the revocation has been corrected or abated, the applicant may
apply for and be granted a license if at least 90 days have elapsed
since the date the revocation became effective.
(Ordinance 01262018, sec. XII, adopted 1/26/18)
(a)
If
the city secretary denies the issuance or renewal of a sexually oriented
business license or suspends or revokes a sexually oriented business
license, the city secretary shall deliver to the applicant or licensee,
either by hand delivery or by certified mail, return receipt requested,
written notice of the action, the basis of the action, and the right
to an appeal.
(b)
For
purposes of this article, written notice is deemed to be delivered:
(1)
On the date the notice is hand-delivered to the applicant or licensee;
or
(2)
Three days after the date the notice is placed in the United States
mail with proper postage and properly addressed to the applicant or
licensee at the address provided for the applicant or licensee in
the most recent license application.
(c)
The
city secretary’s decision to suspend or revoke a license, or
deny the renewal of a license, takes effect at 11:59 p.m. on the 10th
day following the receipt of such notice.
(Ordinance 01262018, sec. XIII,
adopted 1/26/18)
(a)
Upon
delivery of written notice of the denial, suspension, or revocation
of a sexually oriented business license, the applicant or licensee
whose application for a license or license renewal has been denied
or whose license has been suspended or revoked has the right to appeal
to the city council. Such an appeal must be made in writing within
ten (10) days of the date the notice was received by the applicant
or licensee.
(b)
The
city council shall hear and consider evidence offered by any interested
person. The city council shall decide the appeal on the basis of a
preponderance of the evidence. The council shall affirm, reverse,
or modify the action of the city secretary by a majority vote. The
decision of the city council is final as to administrative remedies,
and no rehearing may be granted.
(c)
The
filing of an appeal under this section stays the action of the city
secretary in suspending or revoking a license, or in denying renewal
of a license that was valid on the date the application for renewal
was submitted, until a final decision is made by the city council.
A suspension or revocation of a license or a denial of renewal of
a license that is upheld by the council takes effect at 11:59 p.m.
on the 10th day after the council issues its decision.
(d)
An
appeal of the city council’s decision may be made to a court
of competent jurisdiction within 30 days after a final decision is
issued upholding the decision of the city secretary. Review is under
the substantial evidence rule, and the applicant or licensee shall
bear the burden of proof in court.
(Ordinance 01262018, sec. XIV, adopted 1/26/18)
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 01262018, sec. XV, adopted 1/26/18)
No license for a sexually oriented business shall be granted
for the following applicable locations:
(Ordinance 01262018, sec. XVI, adopted 1/26/18)
(a)
An
owner or operator of a sexually oriented business commits an offense
if he allows the merchandise or activities of the establishment to
be visible from any point outside the establishment.
(b)
Any
sign advertising a sexually oriented business must contain no photographs,
silhouettes, drawings, or pictorial representations of any manner,
and may contain nothing other than the name of the establishment.
(Ordinance 01262018, sec. XVII,
adopted 1/26/18)
(b)
Knowledge
on the part of the licensee or operator regarding the age of the individual
is presumed if identification records were not kept in accordance
with this article and properly kept records would have informed the
licensee or operator of the minor’s age.
(d)
A
minor commits an offense if the minor knowingly enters the interior
premises of a sexually oriented business.
(Ordinance 01262018, sec. XVIII,
adopted 1/26/18)
A sexually oriented business subject to the provisions of this
article may not be open for business after midnight and before 9 a.m.
on Monday through Saturday, or after midnight and before noon on Sunday.
(Ordinance 01262018, sec. XIX, adopted 1/26/18)
