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HomeMy WebLinkAboutOrdinance - 9538-1992 - Amending Article IX Of Chapter 14 Sexually Oriented Businesses - 06/25/1992I ' First Reading June 25, 1992 Item #22 Second Reading July 9, 1992 Item #18 ORDINANCE NO. 9538 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; SITTING FORTH DEFINITIONS; SITTING 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; REPEALING SECTION 18-26 OF THE CODE OF ORDINANCES; 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 BUSINESS PERMITS AND BUSINESS REGULATIONS 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 Chapter 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. Specified Sexual Activities. (1) (2) (3) (4) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; Ultimate sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy; Masturbation; and Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above. B. Specified Anatomical Areas. (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. C. Nude. Nude, Nudity or State of Nudity means the appearance of a bare human buttock, anus, male genitals, female genitals or female breast. D. Semi-Nude. Semi-nude means a state of dress in which clothing covers only the genitals, anus, and pubic region. - 2 - E. Sexually Oriented Business. Sexually oriented business means a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer, being further defined as follows: (1) Sexually Oriented Cabaret. 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, or specified anatomical areas. No customer shall appear nude during any activity within this establishment. Employees may appear semi-nude. Specified sexual activities shall not be permitted in any sexually oriented cabaret. (2) Sexually Oriented Modeling Studio. 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/Video Store. a. An establishment having more than 10% of its displayed stock in trade books, films, videos, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing "specified sexual activity" or "specified anatomical areas", and - 3 - b. Any person is excluded by virtue of 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". c. Specified sexual activities shall not be permitted in any sexually oriented bookstore/film/video store. (4) Sexua11y Oriented Viewing Booths/Arcades. 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 film, videotape or reproduction into a viewing area or other enclosure which is designed for occupancy by no more than five persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas• for observation by five (5) or fewer persons. Specified sexual activities shall not be permitted in any sexually oriented viewing booths/arcades. (5) Sexually Oriented Hotton Picture Theatre. An establishment or commercial enterprise which is conducted within an enclosed building with a capacity of more than five (5) persons and is used for presenting 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 theatre. (6) Sexually Oriented Lounge. 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. - 4 - (7) Sexually Oriented Retail Store. This is a retail establishment in which: a. An establishment having more than 10% of its displayed stock in trade books, films, magazines, periodicals, instruments, devices, paraphernalia, or any other products which are distinguished or characterized by an emphasis on depicting or describing or use in "specified sexual activity" or "specified anatomical areas", and b. Any person is excluded by virtue of 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". c. Specified sexual activities shall not be permitted in any sexually oriented retail store. (8) Sexually Oriented Hotel. Adult Motel means a hotel, motel or similar comercial 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 this adult type of photographic reproductions; or b. offers a sleeping room for rent on an hourly basis; or c •. allows a tenant or occupant of a sleeping room to subrent the room on an hourly basis. -5 - (9) Sexually Oriented Escort Agency Escort agency means a person or business association who 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 Sexually oriented encounter center means 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. F. Chief of Police. Chief of Police means the chief of police of the City of Lubbock or his designated agent. G. Employee. Employee means every owner, partner, manager, supervisor, 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 establishment and who receives compensation or consideration for such service or work from the operator or owner of such establishment or from the customers therein. - 6 - H. Customer. (a) Customer means any person who is allowed to enter an establishment in return for the payment of an admission fee or any form of consideration or gratuity; or (b) Enters an establishment for the purpose of purchasing or renting a commodity or service therein. 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. (1) (2) (3) (4) (5) (6) (7) Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State of Texas; Nurses registered under the laws of the State of Texas; Trainers of any amateur, semiprofessional or professional athlete or athletic team; Barbers or cosmetologists who are duly licensed under the laws of the State of Texas; Any activity conducted or sponsored by any school district or other public agency; 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 and supervises such activity or profession; Portions of performances on theater, concert hall, music hall or auditorium stages wherein such displays are an integral part of a dramatic or comedian presentation; - 7 - (8) (9) Private schools providing a course of instruction 1n photography, or photography studios which do not provide for consideration photography equipment, models and a studio; 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) A person commits an offense if he operates a sexually oriented business without a valid permit, issued by the City for the particular type of business. (1) (2) (3) (4) A person or corporation may not operate a sexually oriented business without a valid permit, issued by the city for that particular type of business. An application for a permit 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 need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The applicant must be qualified according to the provisions of this ordinance, and the premises must be inspected and found to be in compliance with the law by the health department, fire department, building inspection, and zoning department. If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If the applicant who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each - 8 - (b) (c) (5) individual having a ten (10%) percent or greater interest in the corporation must sign the application for a permit as applicant. · The fact that a person possesses other types of state or city permits does not exempt him from the requirement of obtaining a sexually oriented business permit. The provisions of. this article shall apply to existing sexually oriented businesses beginning ninety (90) days after the effective date of this ordinance. Any person, association, partnership, firm, or corporation operating or doing business as a sexually oriented business permitted under this article shall include and prominently display their permit number on all printed or written advertising used by said business. Sec. 14-244. PERMIT APPLICATION. (a) (b) Any person, association, firm, partnership, 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. Each application shall be accompanied by the bond required by this article and a nonrefundable application fee of six hundred fifty dollars ($650.00) which is required to defray the actual costs of processing said permit application, and which said 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 permittee has complied with requirements and provisions of any other ordinances. (c} (1) The permit fee for a sexually oriented business may be adjusted annually commencing October 1, 1993, 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 this ordinance. - g - (2) (3) 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 accordance with this section and shall file with the city secretary a list setting forth the adjusted fees. The list filed with 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 list shall be a public record and open to inspection by the public during all normal business hours of the city. (d) No portion of any 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 a 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 submit a typed application verified under oath that the information contained therein is true and correct, and containing the following information and material: (1) The applicant's full legal name, including any and all other name{s) by which the applicant has been known during the last five (5) years and date of birth. (2) If the applicant is a partnership, the full name of the partnership and the names and dates of birth of all the partners, whether general or limited. (3) If the applicant is a corporation, the exact corporate name and State of incorporation and the names of all the officers, directors, and stockholders holding ten (10) percent or more of the capital stock of the corporation. -10 - (4) (5) (6} (7} (8) (9} (10} (11} (12) (13) (14) (15) (16) The applicant's current residence address. The applicant's two (2} residence addresses immediately prior to the applicant's present address, and the dates of the residence at each. The address at which the applicant desires to do business, and the name under which the business will be conducted. A general description of the service to be provided. The telephone number of the business. The address, and legal description of the parcel of land on which the business is to be located. The date on which 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 is at least twenty-one (21) years of age. The applicant's height, weight and color of hair and eyes. Two (2) portrait photographs, at least two inches by two inches (2" x 2") in size, taken within the previous six (6) months. The business, occupation or employment history of the applicant during the previous five (5) years. All felony and misdemeanor convictions of the applicant, excluding those for traffic offenses. The applicant's complete fingerprints, recorded by the Lubbock Police Department. -11 - (17) (18) (19) (20) (21) (22) The name and current residence address of each person employed or intended to be employed by the sexually oriented business. If an application for sexually oriented business permit is for one other than an individual, the full name and current residence address of each of its partners, members, directors, officers and shareholders. Such other information and identification as the police department may require in order to discover the truth of the matters required to be set forth in the application. A written declaration that the applicant has read the provisions of this section and is in compliance with them. If the applicant is an individual, the application shall be signed and verified by the applicant. If the • applicant is a partnership, the application shall be signed and verified by all partners thereof. If the applicant is a corporation or other entity, the application shall be signed and verified by the president of such corporation or entity. The name and local address of the individuals who manage, direct, or control the premises and operations of the permitted establishment or enterprise. Provided, however, that the applicant may act in such capacity and designate himself. Sec. 14-246. PERMIT APPLICATION ATTACHMENTS. An application for a permit under this article shall include the following attachments: (a) The application fee required by section 14-244 of this article. (b) A surety bond, letter 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 permittee 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 -12 - (c) (d) (e) (f) (g) Sec. 14-247. (a) 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. A certified copy of 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 named. If applicant is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto. If applicant is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto. If applicant is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited · partnership, 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). 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). ISSUANCE OR DENIAL OF PERMIT. The chief of police shall investigate said application and the background of the applicant. At his discretion, the chief of pol ice shall be assisted in his investigation by the building official, the city health officer, and/or the fire marshal. Based on such investigation, the chief of police shall recommend to the city secretary approval or denial of a permit. -13 - (b) (c) Within forty-five (45) days after receipt by the city secretary of the application for permit, the city secretary shall inform the applicant by certified mail, return receipt requested, as to the approval or denial of said permit. The city secretary shall issue a permit to the applicant unless one (1) or more of the following conditions exists: (1) (2) (3) (4) (5) (6) (7) (8) The location of the sexually oriented business or enterprise is or would be in violation of section 29- 24(c)(27) of the Zoning Ordinance of the City of Lubbock, Texas. The applicant failed to supply all of the information requested on the application. The applicant knowingly gave false, fraudulent or untruthful information on the application. The application or the establishment or the enterprise does not meet all of the other requirements of this article. Prior to the approval or denial of his permit, the applicant was 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. The correct permit fee has not been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city building, zoning and health regulations. The applicant has had an adult entertainment establishment or enterprise or other similar permit denied, revoked or suspended for any of the above causes by the city or any other state or local agency within five (5) years prior to the date of application. -14 - (9) The applicant, if an individual, or any of the officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, and the manager or any other persons principally in charge of the operation of the business, is not more than twenty-one (21) years of age. The city secretary shall however, issue a permit pursuant to five (5) if it is verified by applicant that such conviction occurred six (6) years or more prior to the date of the application, and applicant has no other applicable convictions since the last such conviction. SEC. 14-248. INSPECTION. An applicant or permittee shall permit representatives of the police department, health department, fire department, and code enforcement department of the City of Lubbock to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law. Such inspections shall be conducted by consent of the owner or under appropriate warrant. SEC. 14-249. EXPIRATION OF PERMIT. Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 14- 247. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected. SEC. 14-250. SUSPENSION. The chief of police may suspend a permit for a period not to exceed thirty (30) days if he determines that a permittee or any employee of a permittee has violated or is not in compliance with Section 14-248, 14-253, 14-258, 14-259, 14-260, 14-255, 14-256 or 14-257 of this Chapter. SEC. 14-251. REVOCATION. The chief of police shall have the authority to revoke a permit issued under this article when: -15 - (1) (2) (3) (4) The permit holder is operating in violation of this article, the Zoning Ordinance of the City of Lubbock, Texas, or of any other ordinance or regulation relating to or regulating the said establishment or enterprise and has failed or refused to cease and desist from such violation within five (5) days after notice to do so from the chief of police. The permit holder or its designated managing agent has been convicted since the permit was issued of a felony or misdemeanor if the crime directly relates to the duties and responsibilities of the permitted establishment or enterprise. The city shall consider the circumstances listed in Article 6252-llc, section 4(b) and (c) in determining whether a criminal conviction directly relates to an adult entertainment establishment or enterprise. The permit holder or its designated managing agent has made false or misleading statements of material fact in the application for the permit required by this article, or has entered or given false information in any record or report required by this article to be kept or made by a permit holder. The permit holder or its designated managing agent knowingly allows a person under twenty-one (21) years of age to be an employee therein or does not make a reasonable effort to determine the true age of such employee. SEC. 14-252. APPEAL. If the chief of police denies the issuance of a permit, or suspends or revokes a permit, the city secretary shall send to the applicant or permittee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. In the case of a suspension or revocation of an existing permit, written notice shall also be posted upon the business premises. Upon receipt of a written notice of a denial, suspension, or revocation, the permittee whose application for a permit has been denied or whose permit bas been suspended or revoked shall have the right to appeal to the Permit and License Appeal Board of the City of Lubbock. The filing of an appeal stays the action of the Chief of Police in suspending, denying or revoking a permit until the Permit and License Appeal Board makes a final decision. The decision of the Permit and License Appeal Board shall be final. -16 - SEC. 14-253. TRANSFER OF PERMIT. A permittee shall not transfer his permit to another, nor shall a permittee operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application. SEC. 14-254. PREMISES USED-ACCESS. (a) (b) (c) (d) (e) No premises used as a sexually oriented business other than a sexually oriented motel shall be used as living quarters or as a residence in any capacity on a temporary or permanent basis. 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. No sexually oriented business shall during business hours, lock doors to the exits or entrances of such business, or in any way obstruct so as to prevent ingress or egress of persons through such passageways; provided, however, that such doors may be closed. The permittee or individual designated under section 14- 245(a)(22) shall remain upon the premises at all times said business is open. The permittee and the person designated under section 14- 245(a)(22) by the permittee to manage, direct and control the business, shall at all times be legally responsible for the conduct in the business of each employee. SEC. 14-255. ADDITIONAL REGULATIONS FOR SEXUALLY ORIENTED MOTELS. (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 business is a sexually oriented motel as that term is defined in this Chapter. -17 - (b) (c) 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 permit, 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. For 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. SEC. 14-256. REGULATIONS PERTAINING 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 of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (1) Upon application for a sexually oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The 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 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 (6) inches. The chief of police may waiver 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. (2) The application shall be sworn to be true and correct by the applicant. -18 - (3) (4) (5) (6) (7) (8) No alteration in the configuration or location of a managerts station may be made without the prior approval of the chief of police or his designee. It is the duty of the owners and operator of the premises to 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. 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 many 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 configured 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) of the 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 person at viewing screen at a time. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other material 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 in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this Section. 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) foot candle as measured at the floor level. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination -19 - (b) described above is maintained at all times when any patron is present in the premises. A person having a duty under Subsections (1) through (8) of Subsection (a) above commits an offense if he recklessly fails to fulfill that duty. SEC. 14-257. DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS. (a) A person commits 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 for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: (1) human sexual intercourse, masturbation, or sodomy; (2) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; (3) less than completely and opaquely covered human genitals, or that portion of the female breast below the top of the areola; or (4) human male genitals 1n a discernibly turgid state, whether covered or uncovered. (b) In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment: (1) it is available to the general public for handling and inspection; or (2) the cover or outside packaging on the item is visible to members of the general public. -20 - SEC. 14-258. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (a) (b) An escort agency shall not employ any person under the age of twenty-one (21) years. A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of twenty-one (21) years. SEC. 14-259. ADDITIONAL REGULATIONS FOR SEXUALLY ORIENTED MODEL STUDIOS. (a) A nude model studio shall not employ any person under the age of twenty-one (21) years. (b) A person under the 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 subsection if the person under twenty- one (21) years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. (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 public. SEC. 14-260. ADDITIONAL REGULATIONS FOR SEXUALLY ORIENTED THEATERS AND SEXUALLY ORIENTED MOTION PICTURES THEATERS. (a) The requirements and provision of this Code remain applicable to sexually oriented theaters and sexually oriented motion picture theaters. (b) A person commits an offense if he allows a person under the age of twenty-one (21) years in or on the premises of a sexually oriented theater or sexually oriented motion picture theater. -21 - (c) A person under the age of twenty-one (21) years commits an offense if he knowingly appears in a state of nudity in or on the premises of a sexually oriented theater or sexually oriented motion picture theater. SEC. 14-261. APPLICABILITY OF OTHER LAWS. All other provisions of this article and all other city ordinances pertaining to any regulated use remain in full force and effect and the provisions of this article are in addition to said provisions and ordinances. SEC. 14-262. REQUIRED RECORDS. (a) (b) Every sexually oriented business permittee shall maintain a current list of all employees employed by the business, complete application provided and keep application updated as necessary. A valid driver's license, state identification card, or passport, all with a photo, shall be required. The records required by subsection (a) of this section shall be kept available and open for inspection by the police department at any reasonable time. ii ! SEC. 14-263. DISPLAY OF PERMIT. ! (a) A permit issued under this article shall be displayed at all times in an open and conspicuous place on the premises of the business for which it was issued. (b) It shall be unlawful for any person to counterfeit, forge, change, deface or alter a permit. SEC. 14-264. MINIMUM AGE REQUIREMENTS. It shall be unlawful to allow a person who is younger than twenty-one (21) years of age to enter a sexually oriented business. SEC. 14-265. NOTICES. 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. 14-266. 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). Each day -22 - such violation continues shall constitute a separate offense. Revocation of a permit shall not be a defense against prosecution. SEC. 14-267. AUTHORITY TO FILE 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. SECTION 2. THAT Section 18-26 of the Code of Ordinances, City of Lubbock, Texas, is hereby repealed. SECTION 3. THAT 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 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 provided by law. Passed by the City Council on first June , 1992. ' Passed by the City Council on sec July , 1992. APPROVED AS TO CONTENT: ~~ of Police DGV:da/AGENDA-D3/SOB.ord July 7, 1992 -23 - f THE STATE OF TEXAS COUNTY OF LUBBOCK R-1317 Before me Pat t :J I a t e 1 1 , Ac c B ~fr'l1~\IN~ i\-3nd for Lubbock County, Texas on this day personally appeared T • J • Au T 1 of the southwestern Newspa-pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said ne'f iP/W Jiai r published continuously for more than fifty-two weeks pri-or to the first insertion of this _~_a_s __ _____,=c--_______________________ _ c I t f 1 d Ad No R-i3i? . at Lubbock County, Texas and the attached print-ed copy of th a 5 5 e · a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: __ J....,u ..... 1 .. v___,,1....,1 .... ,_....,1..,,.9..,.9.._2 _____________ _ 456 wa ,53 = 241.6a ~~ 7f} Account Hanaeer LUBBOCK AVALANCHE-JOURNAL southwestern Newspaper Corporation FOR.MSi-111 .tlqjj;_JcJ NOTARY PUBLIC in and for the Stale Of Texas My Commission Expires .................. __ _ Aueust 92 ,..._ ____________ _,,9, ______ _ ' --~-------------------------·······•Jt ·······••a•• ................ ······••3. ·····=······· ·······••s••>;• ···············~•·i•o;• 'l~!!~=~•~• :•i8!1~Jt:if :•ti!•"c:•~•i•• :3~ai~rs, ::~:~~;e;•~•~ :§S;:t•j:,;si.2 :~:3~~•&1~:::re.•:0~1.f !~i3:rr~!!1 I ~i,;!!fd;!~i 1 :i~f~!lri::~iif. 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