(a)
It
is the purpose of this article to regulate sexually oriented businesses
to promote the health, safety and general welfare of the residents
of the city; to protect and preserve the quality, property values
and character of the city; to prevent the concentration of sexually
oriented businesses within the city; and to minimize the potential
negative impacts of sexually oriented businesses on residential areas,
churches, schools and public areas.
(b)
It
is expressly not the intent or effect of this article to impose a
limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Nor is it the intent or 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.
(c)
It
is the purpose of this article to establish reasonable and uniform
regulations to prevent the concentration of sexually oriented businesses
within the city. The regulations contained herein have been established
for the purpose of limiting the well-documented, adverse secondary
effects suffered by properties located within one thousand (1000)
feet of a sexually oriented business.
(Ordinance 23-O-022, sec. 5.05.01,
adopted 7/12/2023)
This article provides regulatory standards throughout the city’s
incorporated municipal boundaries (i.e., city limits) but not the
extraterritorial jurisdiction (ETJ).
(Ordinance 23-O-022, sec. 5.05.02,
adopted 7/12/2023)
Words and phrases used in this article shall have the meanings
set forth in this section. Words and phrases which are not defined
in this article but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only and shall not be used in the interpretation of 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 or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by regularly depicting
or describing specified sexual activities or specified anatomical
areas.
A commercial establishment for which the regular 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 constitutes twenty-five percent (25%) or more of the
items in inventory and/or floor space of the sexually oriented business,
including:
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, but not including
items used for birth control or for the prevention of sexually transmitted
diseases.
A commercial establishment that regularly features the offering
to customers of live entertainment that:
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, videocassettes, slides, or other photographic reproductions
that are characterized by the regular depiction or description of
specified sexual activities or specified anatomical areas; and has
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 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
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.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear nude or
semi-nude, or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A person or entity in whose name a license to operate a sexually
oriented business will be issued:
The chief of police of the city or the chief’s designated
agent.
A facility licensed by the state, whether situated within
the city or not, that provides care, training, education, custody,
treatment or supervision for more than six (6) children under fourteen
(14) years of age, where such children are not related by blood, marriage
or adoption to the owner or operator of the facility, for less than
twenty-four (24) hours a day, regardless of whether or not the facility
is operated for a profit or charges for the services it offers.
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 or [of] charges against a person by probation or deferred
adjudication.
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films “which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas,”
the films so described are those whose dominant or principal character
and theme are the exhibition or display of specified anatomical areas
or specified sexual activities.
Any individual who:
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 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;
The relocation of any sexually oriented business; or
Any building operated as a sexually oriented business.
A facility or area for providing health services primarily
for human inpatient medical or surgical care for the sick or injured
and including related facilities such as laboratories, outpatient
departments, training facilities, central services facilities, and
staff offices that are an integral part of the facilities.
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 twenty percent (20%) 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;
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.
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; however,
nude modeling at or on behalf of any properly accredited institution
of higher learning shall not fall within this definition.
A state of dress which fails to fully and opaquely cover
the anus, genitals, pubic region, or perineum anal region, or the
exposure of any device, costume or covering that gives the realistic
appearance of or simulates the anus, genitals, pubic region, or perineum
anal region, regardless of whether the nipple and areola of the human
female breast are exposed, or shows the covered male genitals in a
discernibly turgid state.
To cause to function or to put or keep in a state of doing
business. Operator means any person on the premises of a sexually
oriented business who is authorized to exercise operation control
of the business. A person may be found to be operating or causing
to be operated a sexually oriented business regardless of whether
that person is an owner, part owner, or licensee of the business.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Any city park or parcels of land designated as such on the
city’s official zoning map.
A consistent or substantial course of conduct, such that
the films or performances exhibited constitute a substantial portion
of the films or performances offered as a part of the ongoing business
of the sexually oriented business.
A building or group of buildings in which persons regularly
assemble for religious worship and activities intended primarily for
purposes connected with such worship or for propagating a particular
form of religious belief. For the purposes of this definition, the
term “religious institution” shall include, but not be
limited to, a church, synagogue, mosque or temple.
A single-family, duplex, townhouse, multiple-family, or mobile
home zoning district as defined in the city’s zoning ordinance.
A single-family, duplex, multiple-family, or mobile home
park, mobile home subdivision, and campground use as defined in the
city’s zoning ordinance.
The exposure of the post-puberty female nipple or areola,
or the exposure of any device, costume or covering that gives the
realistic appearance of or simulates the post-puberty female nipple
or areola, so long as the following anatomical areas of an individual
are fully and opaquely covered: the anus, genitals, pubic region and
the perineum anal region of the human body. The term “semi-nude”
shall not apply to an individual exposing a post-puberty female nipple
or areola in the process of breastfeeding a child under that person’s
care.
A business or commercial establishment that as one of its
principal business purposes, offers for any form of consideration,
a place where two (2) or more persons may congregate, associate, or
consort for the purpose of specified sexual activities. The definition
of sexual encounter center or any sexually oriented business shall
not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
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 for which the regular
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 constitutes twenty-five percent (25%)
or more of the items in inventory and/or floor space of the sexually
oriented business. The terms shall also mean any commercial enterprise
that self-identifies as an adult arcade, adult bookstore, adult video
store, adult cabaret, adult motel, adult motion picture theater, escort
agency or nude model studio, regardless of whether the percentage
of items in inventory and/or floor space constitute twenty-five percent
(25%) or more of the total items in inventory and/or floor space.
Any display, design, pictorial, or other representation that
is:
Constructed, placed, attached, painted, erected, fastened, or
manufactured in any manner whatsoever so that it is visible from the
outside of a sexually oriented business; and
Used to seek the attraction of the public to any goods, services,
or merchandise available at the sexually oriented business.
The term “sign” also includes any representation
painted on or otherwise affixed to any exterior portion of a sexually
oriented business establishment or to any part of the tract upon which
the establishment is situated.
Any of the following, or any combination of the following,
when less than completely and opaquely covered:
Any of the following:
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.
Any offense under or failure to comply with this article, the punishment for which shall be in accordance with section 5.05.019.
(Ordinance 23-O-022, sec. 5.05.03,
adopted 7/12/2023)
(a)
Sexually
oriented businesses are classified as follows:
(b)
A
sexually oriented business does not include:
(1)
A business operated by and employing or contracting with a licensed
psychologist, licensed physical therapist, licensed athletic trainer,
licensed cosmetologist, or licensed barber engaged in performing functions
authorized under a state license; or
(2)
A business operated by and employing or contracting with a licensed
tattooist or tanning shop operator engaged in performing functions
authorized under a state license for a tattoo parlor or tanning salon;
or
(3)
A business operated by and employing or contracting with a state
licensed physician or licensed chiropractor engaged in practicing
the healing arts; or
(4)
A business operated by and employing or contracting with a state
licensed massage therapist who practices or offers massage engaged
in performing the functions authorized by the license; or
(5)
A school which is accredited or certified by a national academic
accreditation organization, and which maintains an educational program
training persons the necessary skills and knowledge to obtain a state
issued license as a psychologist, physical therapist, athletic trainer,
cosmetologist, tattooist, artist, barber, physician, chiropractor,
or massage therapist; or
(6)
A person appearing nude in a modeling class (i) operated by a proprietary
school licensed by the State of Texas; a college, junior college,
or university supported entirely or partly by taxation; or by a private
college or university or junior college which maintains and operates
educational programs in which credits earned are transferrable to
a college, junior college, or university supported entirely or partly
by taxation; (ii) in a structure which has no sign visible from the
exterior of the structure advertising that a nude person is available
for viewing; (iii) in order to participate in the class a student
must enroll at least three days prior to the class; and (iv) where
there is no more than one nude model on the premises at any one time;
or
(7)
Any activity, business, presentation, expression, material, film,
videotape, photographic slide, CD-ROM disk, floppy diskette, book,
or device, which when taken as a whole has or contains serious literary,
artistic, political, or scientific value.
(Ordinance 23-O-022, sec. 5.05.04,
adopted 7/12/2023)
A person commits an offense if the person operates or causes
to be operated a sexually oriented business without a valid license,
issued by the city for the particular classification of sexually oriented
business.
(Ordinance 23-O-022, sec. 5.05.05,
adopted 7/12/2023)
Any applicant requesting a license for a sexually oriented business
shall follow the below in accordance with Texas Local Government Code
section 243.0075.
(1)
An
applicant for a license or permit issued under this section, for a
location not currently licensed or permitted shall, not later than
the 60th day before the date the application is filed, prominently
post an outdoor sign at the location stating that a sexually oriented
business is intended to be located on the premises and providing the
name and business address of the applicant.
(2)
A
person who intends to operate a sexually oriented business in the
jurisdiction of a municipality or county that does not require the
owner or operator of a sexually oriented business to obtain a license
or permit shall, not later than the 60th day before the date the person
intends to begin operation of the business, prominently post an outdoor
sign at the location stating that a sexually oriented business is
intended to be located on the premises and providing the name and
business address of the owner and operator.
(3)
The
sign must be at least 24 by 36 inches in size and must be written
in lettering at least two inches in size. The municipality or county
in which the sexually oriented business is to be located may require
the sign to be both in English and a language other than English if
it is likely that a substantial number of the residents in the area
speak a language other than English as their familiar language.
(Ordinance 23-O-022, sec. 5.05.06,
adopted 7/12/2023)
(a)
Any
person desiring a license shall file a sworn application with the
planning department, on a form provided by the planning department,
and pay the license fee as provided in this article and as may be
amended by the city council. The application shall include:
(1)
The name of each applicant and whether the applicant is an individual,
partnership, corporation, other entity, or a combination of these.
(2)
The applicant’s current and complete National Crime Information
Center (NCIC) and Texas Crime Information Center (TCIC) criminal history
reports obtained from the state department of public safety and completed
within 15 days of the date the application is filed with the planning
department.
(3)
Current and complete NCIC and TCIC criminal history reports for the
applicant’s spouse and each person with whom the candidate resides
obtained from the state department of public safety and completed
within 15 days of the date the application is filed with planning
department.
(4)
The name under which the business is to be operated and a description
of the adult oriented business to be conducted.
(5)
The name, address, date of birth, social security number, and telephone
number of each applicant, owner(s), and the intended operator, if
different from the owner.
(6)
The street address and legal description of the parcel of land on
which the business is to be located, and the telephone number of the
enterprise at that address.
(7)
A written declaration, sworn to under oath, that the information
contained in the application is true and correct.
(8)
If an applicant is any type of corporation or association, then the
application must also state the name, address, date of birth and social
security number of all incorporators, current and past officers, directors,
and shareholders. If an applicant is any type of partnership, then
the application shall also state the names and addresses of all partners
and identify the nature of each partner’s participation (e.g.,
limited, active, etc.).
(9)
If the applicant is an individual, the application shall be signed
and verified by the applicant. If the applicant is a partnership,
the application shall be signed and verified by all of the partners
thereof. If the applicant is a corporation or other entity, the application
shall be signed and verified by the president and treasurer of said
corporation or entity. If the application is made by a combination
of individuals or entities, it shall be signed and verified by each
component of the combination in a manner consistent with this subsection.
(10)
A site plan setting out the dimensions and location of such sexually
oriented business. The applicant shall sign a notarized statement
attached to the site plan stating that the proposed adult oriented
business complies with the requirements set forth herein. It shall
be the duty of the applicant to prepare the site plan.
(11)
A detailed diagram of the interior if the sexually oriented business
will exhibit:
(A)
A viewing room, booth, cubicle, closet, stall, or other room of less
than 150 square feet of floor space each.
(B)
A live model, dancer, or other employee, agent, or contractor who
exposes specified anatomical areas, or a movie, film, videotape, CD-ROM,
floppy diskette or disk which depicts specified sexual activities
or specified anatomical areas.
(b)
The
planning and zoning commission shall make a recommendation to city
council for the issuance of a license, and city council shall make
a final determination on the license within one hundred and twenty
(120) days of receipt of a complete written application unless one
or more of the following is true:
(1)
An applicant is under eighteen (18) years of age;
(2)
An applicant or an applicant’s spouse is overdue in his payment
to the city taxes, fines, or penalties assessed against him or imposed
upon him 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
violating any 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)
An applicant is residing with a person who has been denied a license
by the city to operate a sexually oriented business within the preceding
twelve (12) months, or residing with a person whose license to operate
a sexually oriented business has been revoked within the preceding
twelve (12) months;
(6)
The premises to be used for the sexually oriented business have not
been approved by the city as being in compliance with applicable laws
and ordinances;
(7)
The license fee required has not been paid;
(8)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding twelve (12) months and
has demonstrated that he is unable to operate or manage a sexually
oriented business premises in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers; or
(9)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(i)
Any of the public indecency offenses described in chapter 43
of the Texas Penal Code;
(ii)
Any of the sexual offenses described in chapter 21 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;
(B)
For which:
(i)
Less than two (2) 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 (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 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 (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
(iv)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
(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 23-O-022, sec. 5.05.07,
adopted 7/12/2023)
An annual, nonrefundable fee as set forth in the fee schedule in appendix A of this code shall be charged for each business permit application and shall be paid to the planning department at the time the application and site plan are submitted for processing.
(Ordinance 23-O-022, sec. 5.05.08,
adopted 7/12/2023; Ordinance adopting
2023 Code)
(a)
Any
person who wishes to obtain employment with a sexually oriented business
in the city must obtain a sexually oriented business employee license
issued by the planning department.
(b)
It
is a defense to this section if the employment is of a limited duration
and for the sole purpose of repair or maintenance of machinery, equipment,
or the premises.
(c)
Potential
employees of sexually oriented businesses must comply with this section
before being issued a license to work at the business.
(e)
Applications
for an employee license to provide services in a sexually oriented
business, whether original or renewal, must be on forms provided by
the planning department and presented to the planning department by
the candidate.
(f)
The
candidate for an employee license must be qualified according to the
provisions of this article each year. Each subsequent license application
must be submitted prior to the expiration of the current license.
(g)
Applications
must be submitted to the office of the planning department during
regular working hours.
(h)
Each
candidate must provide the following information on the application
form:
(1)
The candidate’s given name, and any other names by which the
candidate is or has ever been known, including “stage”
names or aliases;
(2)
Age, and date and place of birth;
(3)
Height, weight, hair color and eye color;
(4)
Present mailing address and telephone number;
(5)
Spouse’s name, if applicable, and name of each person with
whom the candidate or candidate’s spouse resides;
(6)
Present business address and telephone number;
(7)
Date, issuing state, and driver’s license number, or other
state issued identification card information;
(8)
Social security number;
(9)
Proof that the candidate is at least 18 years old; and
(10)
Name and address of the sexually oriented business where the employee
will work.
(i)
The
candidate must attach the following information to the application
form:
(1)
Color photographs of the candidate clearly showing the candidate’s
face and profile view of both sides of the face.
(2)
The candidate’s current and complete NCIC and TCIC criminal
history reports obtained from the state department of public safety
and completed within 15 days of the date the application is filed
with the planning department.
(3)
Current and complete NCIC and TCIC criminal history reports for the
candidate’s spouse and each person with whom the candidate resides
obtained from the state department of public safety and completed
within 15 days of the date the application is filed with planning
department.
(4)
A statement from the candidate detailing the license history of the
candidate for the ten years immediately preceding the date of the
filing of the application, including whether such candidate, in this
or any other city, county, state, or country, has ever had any license,
certificate, permit or authorization to do business denied, revoked,
or suspended, or had any professional or vocational license or permit
denied, revoked, or suspended. In the event of any such denial, revocation,
or suspension, state the name(s) under which the license was sought
or issued, the name(s) of the issuing or denying jurisdiction, and
describe in full the reason(s) for the denial, revocation, or suspension.
A copy of any order of denial, revocation, or suspension must be attached
to the application.
(5)
A statement from the candidate detailing the criminal history of the candidate, including whether the candidate, candidate’s spouse, or a person residing with the candidate has ever been convicted, or is awaiting trial on pending charges, of a criminal offense as defined in section 5.05.007(b)(9) and, if so, the nature of the criminal offense(s) involved and the date, place, and jurisdiction of each offense.
(6)
A statement from the candidate detailing the license history of the
candidate, including:
(A)
Whether the candidate, or a person residing with the candidate, has
had a previous license 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 business license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the candidate or a person residing with the candidate 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 business license has previously been denied,
suspended or revoked, including the name and location of the sexually
oriented business for which the business license was denied, suspended
or revoked as well as the date of denial, suspension or revocation;
and
(B)
Whether the candidate or a person residing with the candidate holds
any other licenses or certificates 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.
(j)
The
application for the license must contain a statement made under oath
that:
(k)
Separate
applications and licenses are required for each sexually oriented
business the candidate seeks to provide services for.
(l)
The
fact that a candidate possesses any other valid license required by
law does not exempt him or her from the requirement of obtaining a
sexually oriented business license from the city. A person who operates
a sexually oriented business and possesses another business license
must comply with the requirements and provisions of this article as
well as the requirements and provisions of the laws concerning the
other license.
(m)
The
candidate has an affirmative duty to supplement an application with
new information received subsequent to the date the application was
deemed completed.
(Ordinance 23-O-022, sec. 5.05.09,
adopted 7/12/2023; Ordinance adopting
2023 Code)
(a)
The
planning department will review the employee license application to
determine if all required and necessary information has been submitted.
The planning department will issue a letter within 10 days of receipt
of the application or supplemental application and advise the candidate
whether the application is complete or whether supplemental information
must be submitted. The candidate must provide any supplemental information
within 10 days, or the application will be returned, and the filing
fee forfeited.
(b)
The
application approval process will not commence until the completed
application and all required attachments and fees are received by
the planning department.
(c)
The
planning department must approve the issuance of the annual license
to a candidate within 60 days after receipt of a complete application
and all required attachments unless he or she finds one or more of
the following to be true:
(1)
A candidate is under 18 years of age.
(2)
A candidate has failed to provide all information required by this
article for issuance of the license or has falsely answered a question
or request for information on the application form.
(3)
A candidate or a candidate’s spouse has been convicted of a
violation of a provision of this article within two years immediately
preceding the application. The fact that a conviction is being appealed
will have no effect.
(4)
A candidate or a candidate’s spouse or person with whom the candidate is residing has been convicted of a crime specified in section 5.05.007(b)(9) for which:
(A)
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, for a misdemeanor offense; or
(B)
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, for two or more misdemeanor offenses or combination
of misdemeanor offenses occurring within any 24-month period.
(5)
A candidate or a candidate’s spouse or person with whom candidate
is residing has been convicted of a felony.
(6)
The fact that a conviction is being appealed will have no effect
on the disqualification of the candidate or the candidate’s
spouse.
(7)
For purposes of this section, a sentence of deferred adjudication
for any period of time or amount of fine is considered a conviction.
(d)
The
planning department may deny issuance of the license if one or more
provisions in section [sic] are found to be true.
(e)
The
license, if granted, must state on its face the name of the candidate
to whom it is granted, the expiration date, the address of the sexually
oriented business candidate is licensed to provide services for and
include a current photo of licensee. All approved licenses shall be
maintained by the business and made available for inspection upon
request by the city.
(Ordinance 23-O-022, sec. 5.05.10,
adopted 7/12/2023)
A licensee shall not transfer his license to another person,
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 23-O-022, sec. 5.05.11,
adopted 7/12/2023)
(a)
Initial inspection.
Upon receipt of all the items specified in section 5.05.008 [5.05.007] above, the planning department shall, within ten (10) working days of the receipt, request that the Williams County ESD No. 4 fire marshal, Williamson County health department, city police department, code enforcement, and building official inspect the premises and review the qualifications of the applicants for determination of compliance with applicable state and federal laws and city ordinances. All such inspections and reviews shall be completed within twenty-five (25) days of the request from planning and development for inspections and reviews.
(b)
Subsequent inspections.
A representative of the Williams
County ESD No. 4 fire marshal, Williamson County health department,
city police department, code enforcement, and building official shall
be allowed to inspect the premises at any time it is occupied or open
for business, to verify compliance with all applicable local ordinances,
codes, state laws, and licenses.
(c)
Refusal to allow inspection.
It is an offense for the
owner, applicant, intended operator, permittee, other person, or an
agent or contractor of any of them to refuse to allow a lawful inspection
of the premises by a representative of the Williams County ESD No.
4 fire marshal, Williamson County health department, city police department,
code enforcement, and building official during either the initial
twenty-five (25) day inspection period or thereafter at any subsequent
time it is occupied or open for business.
(Ordinance 23-O-022, sec. 5.05.12,
adopted 7/12/2023)
The planning department shall suspend a license for a period
not to exceed thirty (30) days if it is determined that a licensee
or an agent or employee of a licensee has:
(1)
Violated
or is not in compliance with any section of this article;
(2)
Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(3)
Knowingly
permitted gambling by any person on the sexually oriented business
premises; or
(4)
Demonstrated
an inability to operate or manage a sexually oriented business in
a peaceful and law-abiding manner, thus necessitating action by law
enforcement officers.
(Ordinance 23-O-022, sec. 5.05.13,
adopted 7/12/2023)
The planning and zoning commission shall make a recommendation
to city council to revoke a license if it determines that:
(1)
A
licensee gave false or misleading information in the material submitted
to the city during the application process;
(2)
A
licensee or an agent or employee of the licensee has knowingly allowed
prostitution or any act of sexual intercourse, sodomy, oral copulation,
masturbation, or sexual contact to occur in or on the premises of
a sexually oriented business other than an adult motel. The term “sexual
contact” shall have the same meaning as in section 21.01 of
the Texas Penal Code;
(3)
A
licensee or an agent or employee of the licensee has knowingly allowed
possession, use, or sale of controlled substances on the premises;
(4)
A licensee or a licensee’s spouse has been convicted of an offense listed in section 5.05.007(b)(9) of this article for which the time period specified in that section has not elapsed;
(5)
A
licensee has knowingly operated a sexually oriented business during
a period of time when the licensee’s license was suspended;
(6)
A
licensee is delinquent in payment to the city for any taxes, fees,
fines, or penalties; or
(Ordinance 23-O-022, sec. 5.05.14,
adopted 7/12/2023)
Each business and employee license shall expire one year from the date of issuance and may be renewed only by making an application for renewal as provided in this section. Application for renewal shall be made at least thirty (30) days prior to the expiration date. The annual business renewal fee or annual employee renewal fee as set forth in the fee schedule in appendix A of this code shall be paid with each annual license renewal application.
(Ordinance 23-O-022, sec. 5.05.15,
adopted 7/12/2023; Ordinance adopting
2023 Code)
(a)
If
the city council denies the issuance or renewal of a license, or suspends
or revokes a license, the planning department shall send to the applicant,
or licensee, by certified mail, return receipt requested, written
notice of its actions and the right to an appeal.
(b)
A
written request to appeal the denial, suspension, or revocation of
a license by the city council shall be filed by the applicant or licensee
within fifteen (15) calendar days from the date of receipt of the
notice of the decision by the city council. A panel, hereinafter referred
to as the appeals panel, of the mayor, mayor pro tem and city manager
shall conduct a hearing on the appeal within sixty (60) days of receipt
of the appeal. The appeals panel shall hear and consider evidence
offered by any interested person. Neither the Texas Rules of Evidence
nor the Rules of Civil Procedure will apply at such hearing. The city
shall send to the applicant, or licensee, by certified mail, return
receipt requested, written notice of the final action of the appeal.
A decision of the appeals panel is final.
(Ordinance 23-O-022, sec. 5.05.16,
adopted 7/12/2023; Ordinance adopting
2023 Code)
(a)
If the city council denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 5.05.018(a)(4) of this article, the applicant may request an appeal as outlined in section 5.05.016 above.
(b)
The
appeals panel may, in its discretion, grant an exemption from the
location restrictions of this article if the city council makes the
following written 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 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.
(c)
The
appeals panel shall grant or deny the exemption by a unanimous vote.
Failure to reach a unanimous vote shall result in denial of the exemption.
Disputes of fact shall be decided on the basis of a preponderance
of the evidence. A decision of the appeals panel is final.
(d)
If the appeals panel grants the exemption, the exemption is valid for one (1) year from the date of the appeals panel action. Upon expiration of an exemption, the sexually oriented business is in violation of the location restrictions found in section 5.05.018(a)(4) of this article until the applicant applies for and receives another exemption from the appeals panel. The written request for an exemption shall be made to the planning department.
(e)
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the location restrictions of section 5.05.018(a)(4).
(Ordinance 23-O-022, sec. 5.05.17,
adopted 7/12/2023)
(a)
Location.
(2)
Sexually oriented businesses shall not be sited in that portion of
the city currently designated as residential as seen in the below
zoning designations:
(A)
Agricultural (AG).
(B)
Low Density Residential (SF1).
(C)
Medium Density Residential (SF2).
(D)
High Density Residential (SF3).
(E)
Duplex Residential (TF).
(F)
Multifamily Residential (MF1).
(G)
Multifamily Residential (MF2).
(H)
Manufactured Housing (MH1).
(I)
Manufactured Housing Community (MH2).
(3)
Sexually oriented businesses shall not be sited in that portion of
the city currently designated as the following commercial zoning designations:
(4)
Each structure housing a sexually oriented business shall be located
at least one thousand (1000) feet from the property line of any lot
used for a residence, church, cemetery, school, child-care facility,
or public park, and shall be located at least one thousand (1000)
feet from any other structure housing a sexually oriented business.
(b)
Signage.
Each sexually oriented business shall comply with section 6.12 [of the zoning ordinance], Sign Regulations.
(c)
Posting human trafficking information.
(1)
Each SOB shall have the duty to post a sign containing educational
information regarding human trafficking including the National Human
Trafficking Hotline: 1-888-373-7888.
(2)
The signs must be posted at eye level adjacent to each entrance,
in each public restroom, and in any employee dressing room or breakroom.
(3)
The signs shall be obtained from the planning department.
(Ordinance 23-O-022, sec. 5.05.18,
adopted 7/12/2023)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to a suit for injunctive relief as well
as prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Anyꞏ person violating any
provision of this article shall, upon conviction, be fined a sum not
exceeding four thousand dollars ($4,000.00). Each day that a provision
of this article is violated shall constitute a separate offense. An
offense under this article is a class A misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including, but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(2)
A civil penalty up to one thousand dollars ($1,000.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other available relief.
(d)
Defenses to prosecution.
(1)
It is a defense to prosecution under this article that a person appearing
in a state of nudity or semi-nudity did so in a modeling class operated:
(A)
By a proprietary school licensed by the State of Texas, a college,
junior college, or university supported entirely by or partly by taxation;
(B)
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
(C)
In a structure:
(i)
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; or
(ii)
Where in order to participate in a class a student must enroll
at least three (3) days in advance of the class; and
(iii)
Where no more than one (1) nude or semi-nude model is on the
premises at any time.
(2)
It is a defense to prosecution under this article that each item
of descriptive, printed, film, or video material offered for sale
or rental, taken as a whole, contains serious literary, artistic,
political, or scientific value.
(Ordinance 23-O-022, sec. 5.05.19,
adopted 7/12/2023)
