The following terms, as used in this article, shall have the following meanings unless the context requires otherwise:
(a) 
Performance obscene as to a child
shall mean a performance which contains:
(1) 
Anal copulation;
(2) 
Bestial sexual relations;
(3) 
Sadistic, masochistic or violent sexual relationships;
(4) 
Sexual relations with a child;
(5) 
Sexual relations with a corpse;
(6) 
Exhibition of male or female genitals, rape or incest; or
(7) 
A vulgar or indecent reference to sexual intercourse, excretory functions of the body, or male or female genitals;
and which, taken as a whole: (1) Appeals to the prurient interest of a child under the age of fifteen (15) years; and (2) violates generally prevailing standards in the adult community as to the suitability of such performances for observation by a child under the age of fifteen (15) years; and (3) lacks any serious, artistic, literary, political or scientific merit as to a child under the age of fifteen (15) years.
(b) 
Control over city-owned facilities
shall mean any person, or employee of such person, authorized by lease to produce, direct, participate in or perform any musical, dramatic or theatrical performance at a city-owned facility. It shall include employees of persons authorized by lease to produce, direct, participate in or perform any musical, dramatic or theatrical performance at a city-owned facility and their supervisors and employees, who sell or collect tickets at the entrance to such facilities. This term shall not include peace officers in performance of their official duties nor any other employee of the city of Irving.
(c) 
Person
shall mean any individual, partnership, corporation or other legal entity of any kind.
(d) 
Intentionally, knowingly recklessly
shall have those meanings as defined in the Texas Penal Code.
(e) 
Leased area
shall mean that area of a city-owned facility identified by lease providing for performance of a musical, dramatic or theatrical production.
(f) 
Produce
shall mean contractual responsibility for advertising, staging or setting up a musical, dramatic or theatrical production.
(g) 
Perform
shall mean acting or performing a musical, dramatic or theatrical production.
(h) 
Direct
shall mean commanding movement of any actor, performer, stage equipment or stage props.
(i) 
Participate
shall mean placing or moving equipment or props used in a musical, dramatic or theatrical production.
(j) 
Aid or assist
shall mean intentionally or knowingly concealing, disguising or misrepresenting the age of a child.
(k) 
Performance
shall mean any musical, dramatic or theatrical production performed by any individual or identifiable group whether or not the production includes more than one (1) individual or identifiable group staged in a city-owned facility.
(l) 
Explicit reference
shall mean the use of words which have a readily recognizable meaning describing or depicting conduct proscribed hereby, but shall not include words which are merely suggestive or have meanings which are equally consistent with actions not proscribed hereby.
(Ordinance 5960, § 1, adopted 4/25/1991)
No person having control over a city-owned facility shall intentionally, knowingly, or recklessly allow or permit a child under the age of fifteen (15) years to enter or to remain within a leased area in a city-owned facility within one (1) hour before or at any time during which a performance is scheduled, if such person (1) knows, or (2) has knowledge of sufficient facts and circumstances from which a reasonable person would know that the performance is or will be a performance obscene as to a child, unless such child is admitted with a parent or legal guardian.
(Ordinance 5960, § 2, adopted 4/25/1991)
It shall be an offense for any person to produce, direct, perform, participate in a performance, or any agent of such persons or any person having control over city-owned facilities, and who (1) knows, or (2) has knowledge of such facts and circumstances from which a reasonable person would know that the performance is or will be a performance obscene as to a child, to fail to include in any advertising the following notice, and to fail to post notification at all public entrances of the city-owned facilities where the performance will occur. The notice shall read:
This performance may contain material not suitable for children without supervision. Parental discretion is advised. No child under the age of fifteen (15) years of age will be admitted without a parent or legal guardian.
No person shall intentionally, knowingly, or recklessly contract for or obtain any advertising for a performance which is obscene as to a child, without providing for the notice required by the foregoing sentence to be included therein.
(Ordinance 5960, § 3, adopted 4/25/1991)
(a) 
No person shall intentionally or knowingly aid or assist a child under the age of fifteen (15) years not accompanied by a parent or legal guardian in gaining admission to, or in remaining present during a performance which the said person (1) knows, or (2) knows such facts and circumstances from which a reasonable person would know that the performance is or will be a performance obscene as to a child.
(b) 
No person shall intentionally or knowingly provide a child with an invalid document described in section 24-72.
(Ordinance 5960, § 4, adopted 4/25/1991)
It shall be an affirmative defense to any prosecution under section 24-69 of this article if the person having control over a city-owned facility attempts to ascertain the true age of a child seeking entrance to a performance obscene as to a child by requiring production of a birth certificate, school record, including identification showing the child's age or other school record indicating the child to be enrolled in ninth (9th) grade or higher, and not relying solely on oral allegations or apparent age of the child.
(Ordinance 5960, § 5, adopted 4/25/1991)
Each act or failure to act as required herein shall be punishable by a fine of not more than two thousand dollars ($2,000.00).
(Ordinance 5960, § 6, adopted 4/25/1991)