HomeMy WebLinkAboutOrdinance - 9919-1996 - Amending Chapter 29 Code Of Ordinances Zoning Ordinance 29-3 Sexually Oriented - 07/11/1996First Reading
July 11, 1996
Item #32
Second Reading
July 25, 1996
Item #10
ORDINANCE NO. 9919
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES
• OF THE CITY OF LUBBOCK, TEXAS, THE CITY OF LUBBOCK COMPREHENSIVE
i ZONING ORDINANCE, SECTION 29-3 (103a), DEFINING SEXUALLY ORIENTED
, BUSINESS.
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 an amendment to the definition of sexually
oriented business and definitions of various sexually oriented businesses thereunder, 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 TIIE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 29-3 (103a) of the City of Lubbock Comprehensive Zoning
Ordinance, of the City of Lubbock, Texas, is hereby amended to read as follows:
Section 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, featuririg 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,fotended to provide
sexual stimulation or sexual gratification to customers aq.d which is offered as a feature of
a primary business activity of the venture as defined at Article IX, Chapter 14 of the Code
of Ordinances, City of Lubbock, Texas; or, the providing, featuring or offering, as a
primary business activity, 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. 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
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
book.store/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-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 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.
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(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.
(7) 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
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
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.
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(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 when one or more of the persons are in a state of nudity.
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
.ATTEST:
·~~~
~~~~ .Harold Willard, Inter~m City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
DGV:da/ccdocs/sob.ord
March 26, 1996
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NOTARY PUBLIC in and for the State of Texas
My Commission Expires .................. ___ _
PATTI TATE
Notary Public, S!ate o! Tex%
My Commission Expires
7-05-2000