It is the purpose of this article to regulate and license sexually oriented businesses in order 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 neither 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 711 adopted 4/15/2025)
The following definitions shall apply only to the business and licensing regulations specified in this article:
Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or other image producing to five or fewer persons motion picture machines, projectors, monitors, devices are maintained to show images per machine at any one time and where the image is so displayed or distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store.
A commercial establishment that as one of its business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, compact discs, internet videos or video reproductions, slides, or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) 
Persons who appear in a state of nudity or semi-nudity, including topless dancers, nude dancers or strippers, male or female;
(2) 
Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, slides, videos, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel.
A hotel, motel or similar commercial establishment that:
(1) 
Offers accommodations to the public for any from of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, compact discs, internet videos, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) 
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, compact discs, internet videos, slides, or similar photographic reproductions are shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater.
A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
Child-care facility or daycare facility.
A building used as a day nursery, children's boarding home, child placement agency, religious or charitable encampment for children or any other place for the care or custody of children under sixteen (16) years of age.
Church.
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
City manager.
The City of Post's city manager and/or his designee.
Escort agency.
A person who, or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its business purposes, for a fee, tip, or consideration.
Escort.
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.
Establishment.
Includes any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio.
Any place where a person who appears in a state of nudity or semi-nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, video recorded or similarly depicted by other persons who pay money or any form of consideration.
Nudity or a state of nudity.
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.
Operates or causes to be operated.
To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operating a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Residential district.
A single-family dwelling district or residential district or area so designated by such uses.
Residential use.
Property used for single-family, duplex, multiple-family, mobile home park, mobile home subdivision, or campground purposes.
School.
Any public or private learning center, elementary school, secondary school, junior college, community college, college, university or other center for post-secondary education.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business.
Adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude modeling studio, sexual encounter center or other similar commercial enterprise, or that falls within the definition of a sexually oriented business under Texas Local Government Code § 243.002, the major business of which is the offering of a service that is intended to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than twenty (20) percent, as the floor area existed on the date of the enactment of this article.
Transfer of ownership or control of a sexually oriented business.
Includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 
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.
(Ordinance 711 adopted 4/15/2025)
(a) 
All building and fire code standards must be met. Inspection by city officials and the issuance of a certificate of occupancy shall be obtained before a license for a sexually oriented business is issued.
(b) 
Only one sexually oriented business shall be permitted on any lot or in any single building, structure or strip center except for sexually oriented businesses in existence as of the date this article goes into effect and which do not meet this criteria; in which case full compliance with this subsection shall be required within six (6) months of the effective date of this article or upon abandonment of use at such location, whichever occurs first.
(c) 
No sexually oriented business shall be situated within 1,000 feet of any church, childcare facility or school. However, any sexually oriented business lawfully in existence as of the date this article goes into effect, and which does not meet the distance criteria outlined herein, shall be given six (6) months of the effective date of this article to come into compliance.
(d) 
The distance shall be measured in a straight line without regard to intervening objects or structures and from the nearest lot line of the sexually oriented business seeking a license to the nearest lot line of the church, childcare facility or school.
(e) 
No sexually oriented business or related business activities shall be allowed to be situated and/or performed outdoors.
(f) 
The hours of operation for a sexually oriented business shall be limited to the following hours:
(1) 
Monday through Thursday, open at 11:00 a.m. and close at 11:00 p.m.; and
(2) 
Friday through Sunday, open at 11:00 a.m. and close at 12:00 a.m.
(g) 
The owner, operator, or manager of the licensed premises must be present to supervise the operation of the sexually oriented business. The sexually oriented business shall not be left unattended during business hours.
(h) 
No person under the age of 18 years shall be permitted inside the building, structure, facility or space housing the sexually oriented business.
(i) 
The owner, operator, or manager of the licensed premises shall mark each entrance to a sexually oriented business with a sign in one and one-half inch (1 1/2") or larger block letters and which is legible from a distance of at least twenty-five feet (25') that states the following:
"SEXUALLY ORIENTED BUSINESS: No person under the age of 18 years permitted."
(j) 
Sexually oriented business shall only be permitted to operate in the industrial zoning district. A person, including the manager, operator or owner of a sexually oriented business, commits an offense if he or she operates or permits the operation, or establishment of a sexually oriented business in any zoning district other than industrial.
(k) 
No activity or service that is intended to provide sexual stimulation or sexual gratification to the customer of the sexually oriented business may be viewable from a public right-of-way.
(l) 
No owner, operator, employee, agent or patron of a sexually oriented business may appear in a state of nudity or semi-nudity in an area of the premises which can be viewed from a public right-of-way.
(Ordinance 711 adopted 4/15/2025)
(a) 
The sexually oriented business shall conform to all building codes and fire prevention codes of the city and the fire official of the city and his assistants, the city inspector/code enforcement officer, and the chief building official may enter the premises at any time during normal business hours for the purposes of inspecting said premises for fire hazards.
(b) 
All law enforcement personnel and the inspector/code enforcement officer of the city shall have the right to enter a sexually oriented business at any time during normal business hours, when the sexually oriented business is open or is occupied, for the purpose of inspection and enforcement of the terms of this article.
(c) 
The provisions of this section do not apply to areas of an adult motel that are currently being rented by a customer for use as a permanent or temporary habitation.
(Ordinance 711 adopted 4/15/2025)
(a) 
An escort agency shall not employ any person under the age of eighteen (18) years.
(b) 
A person commits an offense if they act as an escort or agree to act as an escort for any person under the age of eighteen (18) years.
(Ordinance 711 adopted 4/15/2025)
(a) 
A nude model studio shall not employ any person under the age of eighteen (18) years.
(b) 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ordinance 711 adopted 4/15/2025)
(a) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For the purposes of subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
(Ordinance 711 adopted 4/15/2025)
(a) 
An owner, operator, manager, employee or person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, compact disc, internet streaming video or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
In addition to any other applicable requirements for an application for a license, provide a diagram of the premises showing the location of one (1) or more manager's stations, the location of all overhead lighting fixtures, and switches, which lights are controlled by which switches and designating any portion of the premises in which patrons will not be permitted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The city manager may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration for the premises has not been altered since it was prepared.
(2) 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the city manager.
(3) 
The manager's station may not exceed thirty-two (32) square feet of floor area and only the manager or employees may control the light switches.
(4) 
Ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. The view required in this subsection must be by direct line of sight from the manager's station.
(6) 
Ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present on the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
(8) 
Ensure that the illumination described above is maintained at all times that any patron is present on the premises.
(b) 
A person having a duty under subsection (a)(1) through (a)(8), above, commits an offense if they knowingly fail to fulfill that duty.
(Ordinance 711 adopted 4/15/2025)
In addition to any other requirements outlined in this article, a licensee hereunder shall not permit any of the following activities within any licensed sexually oriented business:
(1) 
Allow entry to the premises by a person younger than 18 years of age;
(2) 
Gambling by any person;
(3) 
Excessive consumption of alcohol; and
(4) 
Unlawful or criminal activity of any kind.
(Ordinance 711 adopted 4/15/2025)
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize any activity which is illegal or in violation of any ordinance of the city, any regulation of the county, any section of the Texas Penal Code or the constitution of this state, or any federal law or regulation.
(Ordinance 711 adopted 4/15/2025)