HomeMy WebLinkAboutOrdinance - 9903-1996 - Amending Article IX Chpter 14 Code Of Ordinances Sexually Oriented Businesses - 05/23/1996First Reading
May 23, 1996
Item #41
Second Reading
July 11, 1996
Item 117
ORDINANCE NO. 9903
AN ORDINANCE AMENDING 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; SETTING FORTH
DEFINITIONS; SETTING FORTH EXCEPTIONS; PROVIDING FOR PERMITS AND
PERMIT APPLICATIONS; PROVIDING FOR INSPECTIONS; EXPIRATION,
SUSPENSION AND REVOCATION OF PERMITS; PROVIDING FOR APPEALS;
PROVIDING FOR ADDITIONAL REGULATIONS; PROVIDING FOR RECORDS TO
BE KEPT; ESTABLISHING AGE REQUIREMENTS; PROVIDING FOR NOTICE;
AUTHORIZING CIVIL SUITS TO BE FILED; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
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 regulate sexually oriented
businesses within the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Article IX of Chapter 14 of the Code of Ordinances, City of
• Lubbock, Texas, is hereby amended to read as follows:
ARTICLE IX. SEXUALLY ORIENTED BUSINESSES
Sec. 14-240. Purpose and intent.
It is the purpose of this chapter to regulate sexually oriented businesses to promote the
health, safety, and general welfare of the citizens of the City, and to establish reasonable and
uniform regulations to prevent the unregulated operation 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 the effect of this chapter 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.
Sec. 14-241. Definitions.
The following words and phrases, whenever used in this article, shall be construed as
defined in this section unless in context it appears that a different meaning is intended:
(a) Applicant. The term applicant shall include each member of a partnership when the
applicant is a partnershipi If a member of the applicant partnership is not a person, the
applicant shall include those persons holding a ten percent or greater interest in the entity
which constitutes that member of the partnership applicant. The term applicant shall
include each officer, d~ector and holder of a ten percent or greater interest of a
corporation, firm or association when the applicant is a corporation, firm or association.
If the holder of a ten percent or greater interest in a corporation, firm or association
applicant is not a person, the applicant shall include those persons holding a ten percent
or greater interest in the entity which holds a ten percent or greater interest in the
corporation, firm or association which is the applicant.
(b) Chief of police. Chief of Police means the Chief of Police of the City of Lubbock or his
designated agent. '
( c) Customer. Customer means any person who:
(1) Is allowed to enter an establishment in return for the payment of an admission fee
or any form of consideration or gratuity; or
(2) Enters an establishment for the purpose of purchasing or renting a commodity or
service therein.
(d) Employee. Employee means every owner, partner, manager, supervisor, agent,
independent contractor or worker who renders personal services of any nature in the
conduct of a sexually oriented business. It includes any person who renders any service
whatsoever to the customers of an establishment regulated by this section or who works
in or about such an esta~Iishment and who receives compensation or consideration for
such service or work from the operator or owner of such establishment or from the
customers therein.
(e) Nude, nudity or a state of 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 prbic 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.
(f) Primary business activity. Primary business or primary business activity for purposes of
determining whether a business is subject to regulation shall mean and include:
2
--L. ---
(g)
(1) any live performance or entertainment as described at Section 14-241 (j) of this
Article; or
(2) any non-live, sexually oriented retail sale, service or rental business activity when,
on a calendar day; thirty-five percent (35%) or more of either inventory held for
sale, rent or display; or display space; or exhibition time; or sales include sexually
explicit entertainment, materials or items that are intended to provide sexual
stimulation or gratification and the entertainment, materials or items are
distinguished by or characterized by an emphasis on subject matter depicting,
describing or related to specified sexual activities and I or specified anatomical
areas.
(3) the operation of a commercial venture may include more than one primary
business activity.
Semi-nude and Simulated Nudity.
I
(1) Semi-nude means a state of dress in which clothing covers only the genitals, anus,
and pubic region.
(2) 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".·
(h) Specified anatomical areas. Specified anatomical areas means:
( 1) Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttock;
c. Female breast below a point immediately above the top of the areola; and
(2) Human genitals in a discernibly erect state, even if completely and opaquely
covered.
(i) Specified sexual activitie~. Specified sexual activities means:
(1) The fondling or other touching of human genitals, pubic regions, buttocks, or
female breasts.
(2) Ultimate sex acts~ normal or perverted, actual or simulated, including, but not
limited to, intercourse, oral copulation, sodomy;
3
(j)
l
(3) Masturbation; and
( 4) · Excretory functions as part of or in connection with any of the activities set forth
in (1) through (3) above.
Sexually oriented busir,.ess. Sexually oriented business shall mean and include any
commercial venture whose operations on any calendar day include: the providing,
featuring or offering of employees or entertainment personnel who appear on the
premises while in a state of nudity 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 offeri1w 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 speci~ed sexual activities, specified anatomical areas, nudity,
simulated nudity, or any combination thereof. No customer shall appear nude or
semi-nude during any activity within this establishment. Specified sexual
activities shall not be permitted in any sexually oriented cabaret.
(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. Specified sexual activities shall not be permitted in
any sexually oriented modeling studio.
(3) Sexually oriented bookstore, film or video store.
a. 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 distinguished
4
or characterized by an emphasis on depicting or describing "specified
sexual activity" or "specified anatomical areas"; and
b. To which persons are restricted by law, by age, from the part of the
premises generally held open to the public where products or equipment
distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" are displayed or accessible.
c. Specified sexual activities shall not be permitted in any sexually oriented
bookstore/film/video store.
( 4) Sexually oriented viewing booth or arcade. A sexually oriented viewing booth or
arcade is an establishment or commercial enterprise which has within its structure
any coin-operat~d 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 distinguished or characterized by a predominant
emphasis on matter depicting, describing, or relating to "specified sexual
activities" or "Specified anatomical areas". Specified sexual activities shall not be
permitted in any sexually oriented viewing booths/arcades.
(5) Sexually oriented motion picture theater. A sexually oriented motion picture
theater is an establishment or commercial enterprise which is conducted within an
enclosed building and which projects or displays for viewing by an audience
material 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. Specified sexual activities shall not
be permitted in any sexually oriented motion picture theater.
( 6) Sexually oriented lounge. A sexually oriented lounge is a "sexually oriented
cabaret" as defined above which allows the consumption of alcoholic beverages
on the premises. Specified sexual activities shall not be permitted in any sexually
oriented lounge.
(1) Sexually oriented retail store. A sexually oriented retail store is a retail
establishment which:
a. 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 which are
distinguished or characterized by an emphasis on depicting, describing or
related to "specified sexual activities" or "specified anatomical areas", and
b. To which persons are restricted by law, by age, from the part of the
premises generally held open to the public where products or equipment
5
disting'1ished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas" are displayed or accessible.
c. Specified sexual activities shall not be permitted in any sexually oriented
retail store.
(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
reproductions 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 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.
(10) Sexually oriented encounter center. A sexually oriented encounter center is a
business or commercial enterprise that offers for any form of consideration:
a. Physical contact in the form of wrestling or tumbling between persons of
the opposite sex; or
b. Physical activities between male and female person and persons of the
same sex ~hen one or more of the persons are in a state of nudity. !
Sec. 14-242. Exemptions.
The following are specifically excluded from the meaning of the term "sexually oriented
business" and are exempt from the application of all provisions of this article.
(a) Physicians, surgeons, chiropractors, osteopaths, or physical therapists who are
duly licensed to practice their respective professions in the State of Texas, when
practicing their respective professions;
6
(b)
(c)
(d)
(e)
I Nurses registei-ed under the laws of the State of Texas, when practicing nursing;
Trainers of any amateur, semiprofessional or professional athlete or athletic team
when training or engaging in their sport;
Barbers or cosmetologists who are duly licensed under the laws of the State of
Texas, when practicing their profession;
Any activity conducted or sponsored by any school district or other public
agency;
(f) Any activity conducted by a person pursuant to any permit issued by the State of
Texas or any agency thereof or political subdivision which permits, prescribes
standards for an'.d supervises such activity or profession;
(g) Portions of theater, concert hall, or music hall performances wherein such
displays are an integral part of a dramatic or comedic presentation; ,
(h) Private schools providing a course of instruction in photography, or photography
studios which do not provide for consideration photography equipment, models
and a studio;
(i) Modeling agencies, schools or services, except those which provide live modeling
services for consideration in which a customer may obtain an exclusive modeling
exhibition at which he or she is the only observer.
Sec. 14-243. Permit required.
(a) It shall be an offense for any person to operate a sexually oriented business
without a valid permit, issued by the City for the particular type of sexually oriented business
activity conducted.
(1)
(2)
A person, partnership, firm, association or corporation may not operate a sexually
oriented businesJ without a valid permit; issued by the City for that particular type
of sexually orien,ed business activity.
I
An application must be made on a form provided by the City Secretary's office.
The application must be accompanied by a sketch or diagram showing the
configuration of the premises, including a statement of total floor space occupied
by the business. The sketch or diagram must be drawn to a designated scale with
the dimensions of interior walls indicated.
7
(3) The applicant must be qualified according to the provisions of this Article, and the
premises must 1be inspected and found to be in compliance with law by the health,
fire, building and zoning departments of the City.
( 4) The fact that an applicant possesses other types of State or City permits does not
exempt him from the requirement of obtaining a sexually oriented business
permit.
(b) The provisions ,of this Article shall apply to existing sexually oriented businesses
beginning ninety (90) days after the effective date of Ordinance No. Q.._9 .... 0.._3.__ ___ _
( c) Any person, partnership, firm, association or corporation operating or doing
business as a sexually oriented: business permitted under this article shall include and
prominently display their perll1it number on all printed or written advertising used by said
business.
Sec. 14-244. Permit application.
(a) Any person, partnership, firm, association or corporation desiring to obtain a
sexually oriented business permit shall apply to the City Secretary, who shall refer each
application to the Chief of Police for appropriate investigation.
(b) Each application shall be accompanied by the bond required by this Article and a
non-refundable application fee bf six hundred fifty dollars( $650.00) which is required to defray
the actual costs of processing said permit application, and which fee reflects the actual cost of
processing the permit application in accordance with Section 243.009 of the Local Government
Code. The application fee required by this section and the permit required by this Article shall
be in addition to any other business permits which may be required by the Code of Ordinances,
City of Lubbock. The granting of a permit under this Article shall not be deemed evidence or
proof that the permit holder has complied with requirements and provisions of any other
ordinances.
(c)(l) The permit fee for a sexually oriented business may be adjusted annually
!
commencing October 1, '1996, and each year thereafter, to correspond to the actual cost of
providing the applicable services. The base level for said fee shall be the amount of said
fee on the date of the passage of Ordinance No. _9_90_3 __ _
(2} On each October\1 thereafter, the Finance Director of the City of Lubbock may
adjust the fees provided for by this Code and such other fees as may be charged by the
City of Lubbock in acco~dance with this section and shall file with the City Secretary a
list setting forth the adjusted fees.
(3) The list filed wiili the City Secretary as above provided shall be the basis upon
which all fees shall be charged except those set by State law or other authority, and such
8
list shall be a public r~cord and open to inspection by the public during all normal
business hours of the City.
( d) No portion of ~y fee collected under this section shall be returned after a permit
has been issued or refused. Each permit shall be effective when issued and shall expire on
December thirty-first (31st) of each year, regardless of when such permit was issued in any
preceding year.
( e) The amount of~ permit fee shall be prorated and reduced according to the number
of days remaining before the date of expiration of such permit.
Sec. 14-245. Permit application contents.
(a) An applicant for a sexually oriented business permit shall file with the City
Secretary a typed and fully completed application, including all attachments or submissions as
may be required. The application shall contain the following information and material:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The date of birth and full legal name, including any and all name(s) by which the
person has been known during the last five (5) years, of the applicant and of each
person included within the definition of applicant as set forth at Section 14-241
(a) of this Article.
If the applicant i.s a corporation, the exact corporate name, state of incorporation
and principal place of business for the corporation.
The current residence address of the applicant and of each person included within
the definition ofapplicant as set forth at Section 14-241 (a) of this Article.
The applicant's two(2) residence addresses immediately preceding the applicant's
present residence address, and the dates of residency at each address.
The street addres.s at which the applicant will conduct the sexually oriented
business activity; and the name under which the business will be conducted . .
A description of the sexually oriented business to be operated by the applicant
including a desctjption of any service to be provided or product to be sold, rented
or utilized which !qualifies the business as a sexually oriented business.
!
The telephone number(s) of the business.
The legal description of the parcel of land on which the business is to be located.
• The application shall include legible and complete copies of the recorded record
establishing curre!nt ownership of the parcel . If the applicant is not the owner of
record of the parcel, the application shall include a complete and legible copy of
the lease, if any, ~d such other documentation as may be necessary to show that
9
{9)
{10)
{11)
{12)
{13)
{14)
{15)
{16)
{17)
{18)
the applicant ~ the legal right to occupy and use the premises for the purposes I
described in the application.
!
The date on w}pch the applicant became owner of the business for which a permit
is sought, and the date on which the business began operations at the location for
which a permit, is sought.
Written proof that the applicant and each person included within the definition of
applicant as set'forth at Section 14-241 {a) of this Article is at least twenty-one
(21) years of age.
The height, weight and color of hair and eyes of the applicant and of each person
included withinl the definition of applicant as set forth at Section 14-241 {a) of this
Article.
Two {2) portrait photographs, at least two inches by two inches (2" x 2") in size,
taken within six (6) months of the date of the application of the applicant and of
each person included within the definition of applicant as set forth at Section 14-
241 {a) of this Article.
The employmertt history of the applicant and of each person included within the
definition of applicant as set forth at Section 14-241 (a) of this Article, going
back five {5) years from the date of application, setting forth the name, telephone
number and address for each employer, nature of employment and the dates of
employment. A, complete and accurate description of previous self employment
shall be included.
All felony and rtjisdemeanor convictions of the applicant and of each person
included within the definition of applicant as set forth at Section 14-241 {a) of this
Article, excluding those for traffic offense.
Complete fingerprints recorded by the Lubbock Police Department of the
applicant and of tach person included within the definition of applicant as set
forth at Section 14-241 (a) of this Article.
The name, date of birth and current residence address of each person employed or
intended to be eniployed by the applicant in the sexually oriented business.
! !
Such other information and identification as the Chief of Police may require in
order to establish,the truth of the matters required to be set forth in the
application. 1
I
A written statement signed by the applicant and by each person included within
the definition of applicant as set forth at Section 14-241 {a) of this Article, stating
that: he/she has read all of the provisions of this Code relating to the operation of
10
(19)
(20)
\
a sexually oriepted business; that he/she has had the opportunity to review the
same with such counsel as he/she has deemed desirable and that he/she
understands the same; that he/she has a continuing duty to report any change in
the status of information submitted in the application as required at L.C.O. 14-
246-B; and, that he/she intends to operate a sexually oriented business as defined
in and regulated by this Code.
The application shall be signed and verified by the applicant and by each person
included withiri the definition of applicant as set forth at Section 14-241 (a) of this
Article.
The name and local address of each individual who will manage, direct, or
control the premises and operations of the permitted establishment or enterprise.
(b) The application shall be signed and verified under oath that the information
contained therein, including each attachment or enclosure, is true and correct.
Sec. 14-246. Permit application attachments.
An application for a permit under this Article shall include the following attachments:
(a)
(b)
(c)
(d)
(e)
(f)
The application fee required by section 14-244 of this article.
A surety bond, l~tter of credit or other approved surety in the amount of five
thousand dollars ($5,000.00). The bond shall be executed and acknowledged by
the permit holde~ as principal and by a corporation licensed to transact fidelity and
surety business in the State of Texas as surety. The bond shall be continuous in
form and run concurrently with the permit period, and shall be in favor of the City
for the benefit of any person injured by any act of the principal or the principals'
agent or employee, and shall be subject to claim by any person injured thereby.
I A certified copy bf the assumed name certificate filed in compliance with the
Assumed Business or Professional Name Act (Texas Revised Civil Statutes
Annotated, Business and Commerce code, Chapter 36) if the applicant is to
operate the business under an assumed name.
' If applicant is a Texas corporation, a certified copy of the articles of incorporation,
together with all amendments thereto.
If applicant is a fc;,reign corporation, a certified copy of the certificate of authority
to transact business in this state, together with all amendments thereto.
If applicant is a liinited partnership formed under the laws of Texas, a certified
copy of a the certificate of limited partnership, together with all amendments
11
I
thereto, filed in the office of the Secretary of State under the Texas Limited
Partnership Atjt (Article 6132a, Vernon's Texas Civil Statutes).
(g) If the applicant is a foreign limited partnership, a certified copy of the certificate
of limited partnership and the qualification documents, together with all
amendments thereto, filed in the office of the Secretary of State under the Texas
Limited Partnership Act (Article 6132a, Vernon's Texas Civil Statutes).
Sec. 14-246-A. Modification' of permit.
In the event a lawfully \operating sexually oriented business desires to modify its
operations by varying the activity, service or products provided from those as approved on the
face of the permit, an application for a new permit shall be applied for and the applicant shall not
modify the operation to includ~ any sexually oriented business activity not approved on the face
of the permit without first sec~g the new permit as required.
Sec. 14-246-B. Applicant's/ rermit holder's continuing duty to provide information.
(a) The applicant /\permit holder shall have a continuing duty, dming the term of any
permit or renewal thereof, to notify the Chief of Police of any change in the status of any
information required to be submitted on the application for permit.
i (b) The applicant / permit holder shall have a continuing duty, dming the term of any
permit or renewal thereof, to notify the Chief of Police of the hiring of an employee or change of
status of an employee within fifteen (15) days of the date of hire or change of status. The notice
shall include a legible copy of the Employee Application form and the employee photo and
identification as required at Section 14-262 of this Article.
(c) The notices required in this Section shall be given in writing, signed by the
applicant, and delivered or post \marked to the Chief of Police within thirty (30) days of the
change in status, unless otherwise specifically provided for.
( d) The foregoing sn,all not be construed as affording to the applicant any right not
otherwise, specifically granted ~der this Article.
Sec. 14-247. Issuance or denial of permit.
'
(a) The Chief of Pol~ce shall investigate said application and the background of the
applicant. At his discretion, the :Chief of Police shall be assisted in his investigation by the
Building Official, the City Healtp. Officer, and/or the Fire Marshal. Based on such investigation,
the Chief of Police shall reconntjend to the City Secretary approval or denial of a permit.
(b) Within forty-five l(45) days after receipt by the City Secretary of the fully
completed application for permi~, including all attachments or submissions as may be required,
12
i
the City Secretary shall inform the applicant by certified mail, return receipt requested, as to the
approval or denial of said pe~it.
I
( c) The City Secre~ shall issue a permit to the applicant which shall be valid only
as to the sexually oriented business activities, services or products described in the application
and approved on the face of ftje permit, unless one
(1) or more of the following Clonditions exists:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
The location of the sexually oriented business of enterprise is or would be in
violation of seclion 2924(c) (27) of the zoning ordinance of the City of Lubbock,
Texas.
I
The applicant ~as failed to make full disclosure, or to supply all of the
information requested on the application, or the application is otherwise
incomplete.
The applicant has provided false, fraudulent or untruthful information on the
application, or ik attempting to acquire.the permit under false pretenses.
i
The application or the establishment or the enterprise does not meet one or more
of the requiremdnts of this article.
The applicant hf been convicted of a felony or a misdemeanor, which said
offense directly related to the duties and responsibilities of the permitted
occupation, pursuant to Article 6252-13c, Vernon's Texas Civil Statutes, and the
conviction occlli!ed less than six years prior to the date of application.
The correct pe~it fee has not been tendered to the City and, in the case of a
check or bank dr~, honored with payment upon presentation.
I
The operation, as proposed by the applicant, if permitted, would not comply with
all applicable la~s, including, but not limited to, the City building, zoning, fire
prevention and protection, and health ordinances and regulations.
I
The applicant ha~ had an adult entertainment establishment or enterprise permit or
other similar perrpit denied, or revoked by the City or any other State or local
agency within five (5) years prior to the date of application.
I
The applicant resf des with someone who has had an adult entertainment
establishment or ~nterprise permit or other similar permit denied or revoked by
the City or any o*er State or local agency within five (5) years prior to the date of
application.
\
The applicant or $e manager or any other person principally in charge of the
operation of the bbsiness, is not more than twenty-one (21) years of age.
. I I I
13
(11) The applicant ~as not demonstrated that the applicant owns, leases or otherwise
has or continu~s to have the lawful right to occupy and use the premises for the
purpose stated in the application.
I
(12) The applicant has been a permit holder, owner or an employee with managerial
responsibilities'. for a sexually oriented business when the permit for such business
had been suspended on two or more occasions in any twelve (12) month period, or
had been revolcFd, within five years preceding the date of the application.
( 13) The applicant hlts demonstrated an inability to operate or manage a sexually
oriented businefs in a peaceful and law-abiding manner, thus necessitating action
by law enforcement officers.
I
( d) When a permit ts issued to the applicant, each person included within the
definition of applicant as set forth at Section 14-241 (a) of this Article, shall be considered to be
a permit holder.
Sec. 14-248. Inspection.
i
An applicant or permit holder shall permit representatives of the Police Department,
Building Services Department, \Fire Department and Environmental Services Inspection
Department of the City to inspect the premises of a sexually oriented business for the purpose of
ensuring compliance with law ~t any time that the premises are occupied by one or more
persons.
Sec. 14-249. Expiration of Petmit.
Each permit shall expire on the thirty-first day of December of the year of issuance and
may be renewed only by making application as provided in section 14-245. Applications for
renewal should be made at least forty-five (45) days before the expiration date.
I
Sec. 14-2S0. Suspension.
(a) The Chief of Police may suspend a permit for a period not to exceed thirty (30)
days if he determines that a penpit holder or any employee of a permit holder has violated or is
not in compliance with section 14-241, 14-243 (c), 14-246-A, 14-246-B, 14-248, 14-253, 14-
254, 14-255, 14-256, 14-257, 14-258, 14-259, 14-260, 14-262, 14-263, or 14-264 of this Article;
or that a condition exists which i,vould be grounds for denial of an application for permit under
14-247 of this Article.. 1
I i
(b) The City Secret~ shall inform the permit holder by certified mail, return receipt
requested, of the suspension of a permit and of the permit holder's right to appeal as set forth at
Section 14-252 of this Article. \fritten notice of the suspension of a permit shall be posted in a
conspicuous place on the business premises.
I
14
Sec. 14-251. Revocation.
I
(a) The Chief of Pp lice shall have the authority to revoke a permit issued under this
Article when it is determined that:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
The permit has1been suspended as provided at Section 14-250 herein and the basis
for the suspenst on has not been satisfactorily corrected or abated for at least five
(5) days after n?tice of the suspension to the permit holder; or
A suspension ~s provided at Section 14-250 herein has occurred and the permit
has been previtjusly suspended at least one time in the twelve (12) months
preceding the c~use for suspension; or
The permit holder knowingly or negligently operated, provided or permitted a
sexually orientekl business activity or entertainment to occur on the premises when
such activity w~ not within the scope of activity approved on the face of a valid
permit or during a period of time when the permit was suspended; or
I
The permit hold~r knowingly or negligently permitted a common nuisance or
public nuisance ~o exist on the premises as defined by the Texas Civil Practices
and Remedies qode, sections 125.001 et seq,; or
The permit hold~r participated in or knowingly or negligently allowed the
unlawful posses$ion, use or sale of a controlled substance as defined by the Texas
I
Controlled Substances Act on the premises; or
I
The permit holdf participated in or knowingly or negligently allowed
prostitution, or its solicitation to take place on the premises; or
I
The permit holder participated in or knowingly or negligently allowed a
gambling offens~ as defined at Chapter 47 of the Texas Penal Code to take place
on the premises; pr
The permit holdct' or its designated managing agent has been convicted, since the
permit was issuetjl, of a felony or misdemeanor and the crime directly relates to
the duties and responsibilities of the permitted occupation. The City shall consider
the circumstance~ listed in Article 6252-13c, Section 4(b) and (c) Vernon's Texas
Civil Statutes, in netermining whether a criminal conviction directly relates to an
adult entertainme~t establishment or enterprise ; or
I
The permit holdet or its designated managing agent has knowingly allowed a
person under twetlty-one (21) years of age to be employed therein or does not
make a reasonablr effort to determine the true age of such employee ; or
15
I
(10) The permit ho~der or its designated managing agent has made a false or
misleading statement of material fact in the application for the permit required by
this Article, or\has submitted a false, altered or forged record or report required
by this Article to be submitted, produced, maintained tor prepared by the permit I holder. I
I
(b) The City Secrek shall inform the permit holder by certified mail, return receipt
requested, of the revocation of a permit and of the permit holder's right to appeal as set forth at
Section 14-252 of this Article.1 Written notice of the revocation of a permit shall be posted in a
conspicuous place on the busiriess premises.
1 Sec.14-252. Appeal.
I The permit holder who/e application for a pennit has been denied or whose permit has
been suspended or revoked shall have the right to 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 f~ing 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 Ap~al Board shall be final.
I Sec. 14-253. Transfer of permit.
I
When issued, the permit shall remain the sole property of the City and shall be valid only
as to the applicant and location !for which it was originally issued. The permit may not be sold or
transferred, voluntarily or involuntarily, to any other person or entity. The permit shall not be
transferred to a physical locatiof other than the premises described on the face of the permit.
I
1 Sec. 14-254. Premises used; atcess.
I
(a) No part of the primises used as a sexually oriented business, other than a sexually
oriented motel, shall be used as a living quarters or as a residence on a temporary or permanent
basis.
(b) No sexually oriented business shall use an entrance or exit that also provides a
direct passageway to any other tyPe of business, residence or living quarters.
(c) When open for b1;1siness, all entry and exit doors shall remain unlocked and no
obstruction shall be placed so as:to prevent or impede ingress or egress.
I
(d) A permit holder 9r individual designated under section 14-245 (22) shall remain
upon the premises and on duty a1 all times said business is open.
16
I
(e) The permit holder and each person designated under section 14-245(22) by the
permit holder to manage, dire~t or control the business, shall remain legally responsible for the
conduct of each employee supject to his control
I
Sec. 14-255. Sexually orient~d motels, additional regulations.
I I
· (a) Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented1and vacated two (2) or more times in a period of time that is less
than ten (10) hours creates a rJbuttable presumption that the business is a sexually oriented motel
as that term is defined in this qhapter.
I
(b) A person conuriits an offense if, as the person in control of a sleeping room in a
hotel, motel, or similar commdrcial establishment that does not have a sexually oriented business
permit, he rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or ~uh-rents the same sleeping room again.
I
(c) For purposes of subsection (b) of this section, the terms "rent'' or "sub-rent" mean
the act of permitting a room to lbe occupied for any form of consideration.
Sec. 14-256. Regulations pe1aining to exhibition of sexually explicit films or videos.
(a) A person who operates or causes to be operated a sexually oriented business, other
than a sexually oriented motel, \which exhibits on the premises in a viewing room a film, video
cassette, video reproduction of image which depicts specified sexual activities or specified
anatomical areas, shall comply With the following requirements:
(1)
(2)
(3)
I Upon applicatio:q. for a sexually oriented business permit, the application shall be
accompanied by la diagram of the premises showing a plan thereof specifying the
location of one (l) or more manager's stations and the location of all overhead
lighting fixtures ~nd designating any portion of the premises in which patrons will
not be permitted.I A manager's station may not exceed thirty-two (32) square feet
of floor area. Th~ diagram shall also designate the place at which the permit will
be conspicuously: posted, if granted. A professionally prepared diagram in the
nature of an engiheer's or architect's blueprint shall not be required; however,
each diagram shquld be oriented to the north or to some designated street or object
and should be dr4wn to a designated scale or with marked dimensions sufficient to
show the various !internal dimensions of all areas of the interior of the premises.
The Chief of Poli'ce may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies that the
configuration of the premises has not been altered since it was prepared.
I I
The application shall be sworn to be true and correct by the applicant. I
No alteration in the configuration or location of a manager's station may be made
without the prior ~pproval of the Chief of Police or his designee.
17
(4)
(5)
(6)
(7)
(8)
I
The permit hol~er and operator shall maintain at least one (1) employee on duty
and situated in leach manager's station at all times that any patron is present inside
• I the premises. i
I
The interior of ~he 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 patr~n is permitted access for any purpose excluding restrooms.
Restrooms matjy not contain video reproduction equipment. If the premises has
two (2) or more manager's stations designated, then the interior of the premises
shall be config$-ed in such a manner that there is an unobstructed view of each
area of the premises to which any patron is permitted access for any purpose from
at least one (1) ~fthe manager's stations. The view required in this subsection
must be by direct line of sight from the manager's station. No booths with holes
cut in walls are allowed and no more than one (1) person at a viewing screen at a
• I time. i
I
It shall be the dtity of the permit holder, and any agent or employee thereof
present on the ptemises, to ensure that the view area specified in subsection (5)
remains unobstryicted at all times that any patron is present in the premises, and
to ensure that no patron is permitted access to any area of the premises which has
been designated\as an area to which patrons will not be permitted access in the
application.
The premises sh~ll be equipped with overhead lighting fixtures of sufficient
intensity to illUirtinate every place to which patrons are permitted access at an
illumination of riot less than one (1.0) foot-candle as measured at the floor level.
It shall be the du~y of the permit holder, and any agent or employee thereof
present on the b45iness premises, to ensure that the illumination described above
is maintained at i:i,11 times when any patron is present in the premises.
(b) A person having~ duty under subsections (1) through (8) of subsection (a) above
commits an offense if he negligently fails to fulfill that duty.
Sec. 14-257. Display of sexual'y explicit materials to minors.
(a) A person commit~ an offense if in a business establishment open to persons under
the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or
video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or
passion, any of the following: i
I
I
I (1) Human sexual intercourse, masturbation, or sodomy.
18
(2)
(3)
(4)
I Fondling or other erotic touching of human genitals, pubic region, buttocks, or
female breastsJ
I
Less than comf letely and opaquely covered human genitals, or that portion of the
female breast below the top of the areola; or
Human male g~nitals in a discernibly turgid state, whether covered or uncovered.
(b) In this section 'f display" means to locate an item in such a manner that, without
obtaining assistance from an employee of the business establishment:
(1)
(2)
i
It is available tQ the general public for handling and inspection; or
I
'
The outside coJer on the item is visible to members of the general public.
Sec. 14-258. Additional regulations for escort agencies.
!
(a) An escort agency shall not employ any person under the age of twenty-one (21)
years.
l
(b) A person commhs an offense if he acts as an escort or agrees to act as an escort I for any person under the age of1 twenty-one (21) years.
. Sec. 14-259. Additional regulations for sexually oriented model studios.
I I
(a)
(21) years.
A nude model sfudio shall not employ any person under the age of twenty-one
I
I
(b) A person under tbe age of twenty-one (21) years commits an offense if he appears
in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution
under this section if the person under twenty-one (21) years was in a restroom not open to public
view or persons of the opposite ~ex.
( c) A person commits an offense if he appears in a state of nudity or knowingly
allows another to appear in a s~e of nudity in an area of a nude model studio premises which
can be viewed from the public dght-of-way.
I (d) 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 pubic.
19
Sec. 14-260. Additional regµ,lations for sexually oriented theaters and sexually oriented
motion picture;theaters.
I
(a) A person co~its an offense ifhe allows a person under the age of twenty-one
(21) years in or on the premis~s of a sexually oriented theater or sexually oriented motion picture
theater.
(b) A person undel1 the age of twenty-one (21) years commits an offense ifhe
knowingly appears in a state of nudity in or on the premises of a sexually oriented theater or
sexually oriented motion picture theater.
I
Sec. 14-261. Required records.
(a) Every sexually priented business permit holder shall maintain a current list of all
employees employed by the business, to include current residence address and date of birth,
along with a completed EmpIJyee Application form as approved by the Chief of Police, for each
employee employed by the permit holder during the term or extended term of a permit. A legible I and clear copy of each employee's driver's license, State identification card, or passport, with
photo, shall be maintained by ¢e permit holder. The permit holder shall cause these
employment records to be updated as necessary to keep them current at all times.
!
(b) The records required by subsection (a) of this section shall be kept available and
open for inspection upon demRfd by the Chief of Police or his designated agent(s).
I
Sec. 14-262. Display of perm~ and signs.
I
(a) A permit issued bnder this article and a copy of the diagram of the configuration
of the premises submitted with the application shall be displayed at all times in an open and
conspicuous place on the premises of the business for which it was issued.
(b) The permit hold9r shall continuously display during all hours of operation a sign
posted at or about eye level, at ~ach public entrance to the premises, of at least eighteen (18)
inches in height and twenty-fout (24) inches in width, with bold lettering of at least one inch in
height, clearly visible and legible to all persons provided entry onto the premises, which shall
state:
I
"THIS IS ASEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH MAY
FEATURE NUDITY OR ACTIVITY OF A SEXUAL NATURE. NO PERSON UNDER THE
AGE OF 21 YEARS IS PERMITTED ENTRY."
(c) It shall be unlawfµl for any person to counterfeit, forge, change, deface or alter a
permit.
20
Sec. 14-263. Minimum age requirements.
It shall be unlawful for a pennit holder or an agent or employee of a pennit holder to I allow a person who is younger than twenty-one (21) years of age to enter the premises of the
sexually oriented business. ·
Sec. 14-264. Notices.
i
All notices required hereunder shall be in writing and shall be deemed delivered three (3)
days after deposited in a United States post office receptacle.
Sec. 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 a class C misdemeanor punishable by a fine of not more than two
thousand dollars ($2,000.00). pch day such violation continues shall constitute a separate
offense. Revocation of a pennit shall not be a defense against prosecution.
I
!
Sec. 14-266. Authority to f'tle suit.
In addition to any criminal penalties sought, the City Attorney is hereby authorized to file
suit to enjoin the violation of any regulation of this Article.
Sec. 14-267. Applicability of 9ther laws.
This Article shall be curhulative of all other ordinances of the City.
I Secs.14-268, 14-269. Reserved.
SECTION 2. THAT a violation of any provision of this Ordinance shall be deemed a
misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00).
\
SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of
this Ordinance be declared uncohstitutional or invalid for any reason, the remainder of this
Ordinance shall not be affected ~ereby.
SECTION 4. 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.
21
AND1IT IS SO ORDERED.
Passed by the City Council o~ first reading on this 23rdday of __ """"Ma~y ____ • 1996.
Passed by the City Council on se
ATTEST:
I
~I Ll. ; :
~hn;~ecre
APPROVED AS TO CONTENT:
/1#. Jt/4
~A. Walker, Chief of Police;
DGV:da/ccdocs/sob6.ord
March 26, 1996
I
Atjomey
22
FORl\158-10
)9 jl,,
PATTI TATE Notary Public, slate of Texas
My CominissiQn Expires
7-05-2()00 ·