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Home My WebLink AboutOrdinance - 10033-1997 - Amending Chapter 29 Defining Nudity, ETC Defining Sexually Oriented Business - 11/13/1997First Reading Item /'41 November 13, 1997 Second Reading Item #17 November 20, 1997 ORDINANCE NO. 10033 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK COMPREHENSIVE ZONING ORDINANCE SECTIONS: 29-3 (82a) DEFINING NUDE, NUDITY, STATE OF NUDITY, SEMI-NUDE AND SIMULATED NUDITY; 29-3 (103a) DEFINING SEXUALLY ORIENTED BUSINESS; 29-3 (106a) DEFINING SPECIFIED ANATOMICAL AREAS; AND, 29-3 (106b) DEFINING SPECIFIED SEXUAL ACTIVITIES. Whereas, the City Council of the City of Lubbock has amended Article IX of Chapter 14 of the Code of Ordinances of the City of Lubbock, Texas with regard to sexually oriented businesses within the City; and, Whereas said amendments included amendments to the definitions of nude, nudity, state of nudity, semi-nude, simulated nudity, sexually oriented business and definitions of various sexually oriented businesses thereunder, specified anatomical areas and specified sexual activities which amendments should also be included in the definitions for the same terms within the City of Lubbock Comprehensive Zoning Ordinance; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT subparts (82a), (102a), (103a), (106a) and (106b) of Section 29-3 of the City of Lubbock Comprehensive Zoning Ordinance, of the City of Lubbock, Texas, are hereby amended to read as follows: Sec. 24-3(82a). Nude, nudity, state of nudity, semi-nude and simulated nudity. Nude, nudity or a state of nudity means appearing while any of the following portions of the human body are less than completely and opaquely covered: (1) genitals, whether or not in a state of sexual arousal; or (2) pubic region or pubic hair; or (3) buttock(s); or (4) the portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or ( 5) any combination of the above. Semi-nude or semi-nudity means a state of dress in which clothing covers only the • genitals, anus, and pubic region. Simulated Nudity means a state of dress in which any artificial device or covering is worn on a person and exposed to view so as to simulate an actual "state of nudity'\ Sec. 29-3{103a). Sexually oriented business. Sexually oriented business shall mean and include any commercial venture whose operations on any calendar day include: the providing, featuring or offering of one or more employees or entertainment personnel who appear while in a state of nudity, semi-nude or simulated nudity and provide live performances or entertainment intended to provide sexual stimulation or sexual gratification to customers and which is offered as a feature of a primary business activity of the venture; or, the providing, featuring or offering, as a primary business activity as defined herein, of non-live, sexually-explicit entertainment materials, or items for sale or rental to customers, or the providing or offering of a service or exhibition of materials or items which are intended to provide sexual stimulation or sexual gratification to its customers, said materials, items or services being distinguished by or characterized by an emphasis on subject matter depicting, describing or relating to specified sexual activities and / or specified anatomical areas. The term sexually oriented business shall include, but not be limited to the following: (1) Sexually oriented cabaret. A sexually oriented cabaret is an establishment whose business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, specified anatomical areas, nudity, simulated nudity, or any combination thereof. (2) Sexually oriented modeling studio. A sexually oriented modeling · studio is an establishment whose business is the providing to customers, figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and to display specified anatomical areas while being observed, painted, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers. (3) Sexually oriented bookstore, film or video store. A sexually oriented bookstore, film or video store is an establishment having a primary business activity of marketing, selling, displaying or dispensing stock in trade, books, films, videos, magazines, periodicals, computer imaging products or other reproductions which are intended to provide sexual stimulation or sexual gratification to customers, and which are distinguished or characterized by an emphasis on depicting or describing specified sexual activity or specified anatomical areas. (4) Sexually oriented viewing booth or arcade. A sexually oriented viewing booth or arcade is an establishment or commercial venture which has within its structure any coin-operated or slug-operated or electrical or mechanical device, which projects or displays any image into a viewing area or other enclosure which is designed for presenting material intended to provide sexual stimulation or sexual gratification to customers, and which are distinguished or characterized by a predominant emphasis on matter depicting, describing, or relating to "specified sexual activities" or "Specified anatomical areas". (5) Sexually oriented theater or sexually oriented motion picture theater. A sexually oriented theater or sexually oriented motion picture theater is an establishment or commercial venture which is conducted within an enclosed building and which projects or displays for viewing by an audience material intended to provide sexual stimulation or sexual gratification to customers, and which are distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to "specified anatomical areas" or "specified sexual activities" for observation by patrons. ( 6) Sexually oriented lounge. A sexually oriented lounge is a "sexually oriented cabaret" as defined herein which allows the consumption of alcoholic beverages on the premises. (7) Sexually oriented retail store. A sexually oriented retail store is a retail establishment which: has a primary business activity of marketing, selling, displaying or dispensing stock in trade, books, films, magazines, periodicals, instruments, devices, paraphernalia, or any other products intended to provide sexual stimulation or sexual gratification to customers, and which are distinguished or characterized by an emphasis on depicting, describing or related to "specified sexual activities" or "specified anatomical areas". (8) Sexually oriented motel or adult motel. Sexually oriented motel or adult motel means a hotel, motel or similar commercial establishment which: a. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic or computer generated reproductions which are intended to provide sexual stimulation or sexual gratification to customers, and which 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 such adult types of photographic or computer generated reproductions; or b. Offers a sleeping room for rent on an hourly basis; or allows a tenant or occupant of a sleeping room to sub-rent the room on an hourly basis. (9) Sexually oriented escort agency. A sexually oriented escort agency is 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. For purposes of this definition an escort means 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. (1 O} Sexually oriented encounter center. A sexually oriented encounter center is a business or commercial venture that offers for any form of consideration physical activities between persons when one or more of the persons are in a state of nudity or semi-nudity. Sec. 29-3(106a). Specified anatomical areas. Specified anatomical areas means the following portions of the human body: ( 1} genitals, whether or not in a state of sexual arousal; (2) pubic region or pubic hair; (3) buttock or buttocks; (4} the portions of the Female breast below a point immediately above the top of the areola; and (5) any combination of the above. Sec. 29-3(106b ). Specified sexual activities. Specified sexual activities means one or more of the following: (1) The fondling, massaging or other erotic touching or stimulation of "specified anatomical areas". (2) Ultimate sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy; (3) Masturbation, actual or simulated; or (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. SECTION 2. 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 3. 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 the first reading on this 13th day of November , 1997. -------=--;.,---= ______ _ Passed by the City Council on the second reading on this 20th day of , 1997. -----------November ATTEST: / APPROVED AS TO CONTENT: fi1Jdff)ib35h__ dandall D. Henson, Sr. Planner APPROVED AS TO FORM: copy of the-.-:-l'll-l,---------rt---•t v anche-Journal on the following dates:_...,~ll-(;..l<&ia<.Z..l.=----=--'--t-:~r"---\'"""'""------------ LUBBOCK Av ALANcHE:JoUR AL Morris Communication Corporation Subscribed and sworn to before me this FORl\158-10 19,_q..._1""---_ ·----------~~e-__:_'"-' -~='\·-'------'-'---'~------------------------ THE STATE OF TEXAS COUNTY OF LUBBOCK Before mC----=-_;1<-:..:..=:+-,1r1-:...:.....Ll!!~l---fl personally appeareu.--l:l-',..i;Q,i\,~~--JR-'l"-lll,,J.J4---f-+U:...,::..us.~----='"'2--1..L.l.!f!/--L.--" pers Corporation, publishers of the Lub k Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspa~r as been published continuously for more than fifty-two weeks pri- or to the first insertion of this~, ~"l-lll.L--lll,(,Q:,Jl,.:..L.!' .....,_ ___________________ _ ------+----r------·o. (08· S'to~ at Lubbock County, Texas and the attached print- '--4~All-"1-4----------.,p· a true co y of the original and was printed in the Lubbock exas Morris Communication Corporation Subscribed and sworn to before me this FORl\158-10