The findings contained in the preamble of the ordinance adopting this article are determined to be true and correct and are adopted as a part of this article.
(Ordinance 2659, § 1(15-171), adopted 9/23/2002)
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, 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 not 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 2659, § 1(15-172), adopted 9/23/2002)
The words and terms used in this article that are not defined herein shall have the meanings commonly ascribed to them. Words used in the present tense include the future tense. Words in the singular number include the plural number and words in the plural number include the singular number. The word "he" shall be defined to include the word "she."
means any place to which the public is permitted or invited wherein coin-operated, token-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 an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration books, magazines, periodicals or other printed matters which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.
means a nightclub, bar, restaurant, or similar commercial establishment which regularly features persons who appear in a state of nudity or give live performances which are distinguished or characterized by an emphasis on the exposure of specified anatomical areas or by an emphasis on specified sexual activities.
means a hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other pornographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way which 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 ten 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 hours.
means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video reproductions, slides or other visual representations are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.
means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing specified sexual activities or specified anatomical areas.
means the chief of police of the city or the chief's designated representative.
means any person who:
Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity;
Enters a sexually oriented business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment, or other services offered therein; or
Is a member of and on the premises of a sexually oriented business operating as a private club.
means any person who renders any service whatsoever to the customers of a sexually oriented business or who works in or about a sexually oriented business and who receives compensation for such service or work from the operator or owner of the sexually oriented business or from its customers.
means a person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as its principal business purpose, for a fee, tip, or other consideration.
means a person in whose name a license to operate a sexually oriented business has been issued, as well as any and all individuals listed as applicants on the application for a license.
means a child care center as defined in chapter 118, which is licensed by the state.
means an establishment that is operated for the purpose of giving massages at the establishment or on a home call basis that are intended to provide sexual stimulation or sexual gratification in combination with a massage.
means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
means less than completely and opaquely covered:
Human genitals, pubic region, or pubic hair;
All portions of a female breast below a point immediately above the top of the areola continuing downward to the lowest portion of the breast;
Human buttock; or
Any combination of the above.
For purposes of this definition, body paint, body dyes, tattoos, liquid latex, whether wet or dried, and other similar substances shall not be considered an opaque covering. |
means 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, licensee, or manager of the establishment.
means any individual, firm, association, organization, partnership, trust, foundation, company or corporation.
means over 15 percent of customers, volume of sales, stock in trade, display areas, or presentation time in any three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical considered a separate title or object.
means featuring, promoting, or advertising a happening or occurrence on a recurring basis.
means a district zoned for residential uses under the zoning ordinance of the city.
means a use for single-family dwelling, townhome, duplex dwelling, triplex dwelling, fourplex dwelling, mobile home, manufactured housing or manufactured home, or multiple family dwelling as defined in chapter 118.
means an adult arcade, adult bookstore, adult cabaret, adult motel, adult movie theater, adult video store, love parlor, nude modeling studio or other commercial enterprise, a 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 its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity. The term sexually oriented business shall not be construed to include:
Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions;
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;
Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or
Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university.
means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola.
means and includes any of the following:
The fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, or bestiality;
Masturbation, actual or simulated; or
Excretory functions.
(Ordinance 2659, § 1(15-173), adopted 9/23/2002; Ordinance 3114, § 1, adopted 9/27/2010; Ordinance 3261, § 1, adopted 8/12/2013)
(a)
Distance requirements generally.
A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within 1,000 feet, without regard to city boundaries, of:
(1)
A church or synagogue;
(2)
A public or private elementary or secondary school or licensed day care center;
(3)
A boundary of a residential district;
(4)
A public park;
(5)
A public library;
(6)
The property line of a lot devoted to a residential use as defined in this article; or
(7)
Another sexually oriented business.
(b)
Proximity to Loop 820.
A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within 500 feet of Loop 820.
(c)
Proximity to another sexually oriented business.
A person commits an offense if he establishes, operates, or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(d)
Measurement of distances in subsection (a) of this section.
For the purposes 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 part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, licensed day care center, public library, or to the nearest boundary of a public park, residential district, residential lot or sexually oriented business.
(e)
Measurement of distances in subsection (c) of this section.
For purposes of subsection (c) of this section, the distance between any two 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 or from the wall of the tenant space occupied, as applicable.
(f)
Existing businesses.
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of the location requirements 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 180 days from the effective date of the ordinance from which this article is derived unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet 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 is nonconforming.
(g)
Nonconforming use.
Any sexually oriented business lawfully operating after the effective date of the ordinance from which this article is derived that later becomes a nonconforming use because of a change in zoning or an amendment to the regulations in this article or any other ordinance or law shall be permitted to continue for a period not to exceed 180 days from the date it becomes nonconforming, unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(h)
Extensions for nonconforming uses; contents.
A person operating a sexually oriented business that is a nonconforming use who believes that 180 days, when added to previous time in operation, is not sufficient time to amortize the investment the person has in the business, may apply to the city council for up to two additional extensions of 180 days each. In order to give the city council time to adequately consider the application, the person must file the application with the city secretary or as otherwise designated by the city manager at least 90 days before the expiration of the amortization period. The application for extension shall set forth the following information:
(1)
The date and amount of the owner's initial investment in the existing business;
(2)
The amount of the owner's investment in the existing business through the effective date of this article or the date the business becomes nonconforming;
(3)
The amount of such investment that has been or will be realized through the 180 day amortization period;
(4)
The source of funds to be used to recoup the owner's investment;
(5)
The life expectancy of the existing business; and
(6)
The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of the lease.
This information shall be supported by relevant documentary evidence such as financial statements, tax records and lease agreements, which shall be attached to the application. The city council shall call a public hearing at which the council shall hear evidence from interested parties. The decision of the city council is final.
(i)
Business operating as conforming use; renewal of license.
A sexually oriented business lawfully operating 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, synagogue, public or private elementary or secondary school, licensed day care center, public park, public library, residential district or a residential lot within 1,000 feet 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.
(j)
Amortization of nonconforming sexually oriented business under zoning ordinance.
Nothing contained in this article shall be construed to limit the amortization of a nonconforming sexually oriented business under the city zoning ordinance as provided therein.
(Ordinance 2659, § 1(15-174), adopted 9/23/2002)