HomeMy WebLinkAboutOrdinance - 10055-1998 - Amending Article IX Of Chapter 14 Regarding Sexually Oriented Business - 02/26/1998First Reading
Item 130
February 26, 1998
Second Reading
Item 113
March 12, 1998
ORDINANCE RO. 10055 ......... .;.._.;;. ____ _
AN ORDINANCE Al\1ENDING ARTICLE IX OF CHAPTER 14 OF
THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS,
\VITH REGARD TO SEXUALLY ORIENTED BUSINESSES WITHIN
THE CITY; PROVIDING FOR APPEAL; AND, PROVIDING FOR
PENALTY •
. Whereas, the City of Lubbock, Texas is a home-rule municipality acting
under its Charter duly adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution, as well as acting pursuant to Chapter 9 of the Texas
Local Government Code; and
Whereas, there are and have been sexually oriented business
establishments in the City of Lubbock that necessitate specialized regulations
regarding certificates of occupancy, zoning use regulations, inspection and police
requirements in order to protect and preserve the health, safety and welfare of the
patrons of such businesses and citizens of Lubbock, and in order to prevent the
decline of surrounding neighboring properties; and
Whereas, convincing documented evidence as well as experience in this
city has shown that sexually oriented businesses, because of their very nature,
may have a detrimental effect on the churches, schools, parks, residential areas
and historical/cultural areas neighboring such establishments, causing undesirable.
adverse secondary effects of increased crime and downgrading of property values;
and
Whereas the concern over publicly transmitted diseases is a legitimate
health concern of the City of Lubbock which demands reasonable regulation of
sexually oriented businesses in order to protect the health, safety and welfare of
citizens of Lubbock and its visitors; and
Whereas, the City of Lubbock desires to prevent, minimize and control
potential or actual undesirable adverse effects deriving from sexually oriented
business establishments, and thereby protect and preserve the health, safety,
welfare and quality oflife of the citizenry of this city and the visitors thereto; to
protect its citizens and visitors from criminal activity; to preserve the character
and property values of surrounding neighborhoods so as to minimize the spread of
urban deterioration; and to do so with minimal intrusion into the business
operations of existing as well as new sexually oriented businesses within the City
of Lubbock;
Whereas, the City Council of the City of Lubbock deems it to be in the
best interest of the health, safety and welfare of the citizens of the City of
Lubbock to amend our regulations relating to sexually oriented businesses within
the City of Lubbock, Texas; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 14·247, Article IX of Chapter 14 of the Code
of Ordinances, City of Lubbock, Texas is hereby amended by repealing paragraph
numbered (12) of subpart (c) of said Section.
SECTION 2. THAT Section 14·252, Article IX of Chapter 14 of the Code
of Ordinances, City ofLubbock, 'I:exas, is hereby amended to read as follows:
Section 14-252. Appeal.
The permit holder whose application for a permit has been denied or
whose permit has been suspended or revoked shall have the right of appeal to the
Permit and License Appeal Board of the City. The Notice of Appeal must be in
writing, setting forth the specific grounds for the appeal and filed in the office of
the City Secretary within ten (10) days of the mailing by the City Secretary of the
notice of denial, suspension or revocation of permit to the permit holder as
required by this Article. The filing of the Notice of Appeal stays the suspension
or revocation of a permit until the Permit and License Appeal Board issues a
decision on the appeal. The decision of the Permit and License appeal Board is
final.
SECTION 3. THAT Section 14-265, Article IX of Chapter 14 ofthe Code
of Ordinances, City of Lubbock, Texas, is hereby amended to read as follows:
Section 14-265. Penalty
Wherever in this Article any act is prohibited or declared to be unlawful,
or the doing of any act is required or the failure to do any act is declared to be
unlawful, the violation of any such provision of this Article is punishable by a fine
of not more than two thousand dollars ($2,000.00). Each day such violation
continues shall constitute a separate offense. Revocation of a permit shall not be a
defense against prosecution.
SECTION 4. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an alternative
method of publication.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on this .2.6.t~ay of February , 1998.
Passed by the City Council on second reading on this 12thday of March
1998.
ATTEST:
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, . APPROVED AS TO CONTENT:
· /Ken A. Walker, Chief of Police
APPROVED AS TO FORM:
ccdocs/SOB _98 _3 .DOC
Feb.20, 1998
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THE STATE OF TEXAS
COUNTY OF LUBBOC
Morris Communication Corporation
Subscribed and sworn to before me this-,/~,.-~.-e---day of ./'2l,aJ 19 7<£
FORM SB-10