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HomeMy WebLinkAboutOrdinance - 2007-O0012 - Amending Chpt.14, Sec.14-252; Clarify Righst/Sexually Oriented Business/Lounges - 01/23/2007First Reading January 23, 2007 Item. No. 6.13 ORDINANCE NO. 2007-o0012 Second Reading January 25, 2007 Item No. 6.4 AN ORDINANCE AMENDING CHAPTER 14 OF THE CITY OF LUBBOCK CODE OF ORDINANCES BY MODIFYING SECTION 14-252 THEREOF TO CLARIFY THE RIGHTS OF ANY PERSON WHOSE PERMIT TO OPERATE A SEXUALLY ORIENTED BUSINESS HAS BEEN DENIED, SUSPENDED, OR REVOKED, AMENDING SECTION 14.254.1 THEREOF TO INCLUDE PROVISIONS ESTABLISHING A MINIMUM DISTANCE AT WHICH EMPLOYEES OF SEXUALLY ORIENTED CABARETS OR LOUNGES IN A STATE OF SrMULATED NUDITY MUST BE SEPARATED FROM THE PATRONS OR CUSTOMERS OF SUCH BUSINESSES, AND I:M:PLEMENTING OTHER REQUIREMENTS FOR THE OPERA TORS OF SUCH BUSINESSES. WHEREAS, there have been numerous studies promulgated describing the hannful secondary effects that sexually oriented businesses have on communities throughout the nation; and · WHEREAS, an ordinance enacted by the City of Arlington, Texas, contains regulatory provisions (notably "proximity provisions") for sexually oriented businesses which are designed to alleviate the negative secondary effects that flow from contact between customers of such businesses and nude or semi-nude employees; and WHEREAS, the Fifth Circuit Court of Appeals in Fantasy Ranch v. City of Arlington upheld the proximity provisions contained in that City's ordinance; and WHEREAS, the Council has determined that amending the City of Lubbock's ordinance regulating sexually oriented businesses that may operate locally by enacting similar provisions to those contained in the Arlington ordinance is in the best interest of the health, safety, and welfare of Lubbock citizens; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Section 14-252 of the City of Lubbock Code of Ordinances is hereby modified by amending the last sentence in said section to read as follows: The decision of the pennit and license appeal board shall be final except as otherwise provided by law. SECTION 2. THAT Section 14-254.1 of the City of Lubbock Code of Ordinances is hereby amended by adding subsections (d) through (h) thereto which shall read as follows: (d) A permit holder for a sexually oriented cabaret or lounge commits an offense if he knowingly allows an employee to appear in a state of simulated nudity or semi- nude unless the employee is on a stage (on which no customer is present) at least eighteen (18) inches above the floor, and the employee is: (1) at least six (6) feet from any customer; or (2) physically separated from customers by a wall or partition composed of solid glass or light-transmitting plastic, or substantially equivalent material extending from the floor of the stage to at least five (5) feet above the level of the stage. (e) Except as otherwise herein permitted, it shall be an offense for a permit holder's employee to receive any pay or gratuity from any patron or customer of a sexually oriented cabaret or lounge, or for any patron or customer to pay or give any gratuity directly to any such employee while the employee is in a state of simulated nudity or semi-nude. Such pay or gratuity may be given to the employee in a tip receptacle located at least six (6) feet from the stage on which such employee appears in a state of simulated nudity or semi-nude. (f) It shall be an offense for a permit holder's employee, while in a state of nudity or semi-nude, to have any physical contact with a patron or customer of a sexually oriented cabaret or lounge on such premises. (g) It shall be an offense for a patron or customer of a sexually oriented business to have any physical contact with a permit holder's employee while in a state of nudity or semi-nude on the premises. For purposes of this subsection and subsection (f) above, the term "physical contact" is herein defined as the touching of any portion of an individual, including clothing worn by the individual. (h) A permit holder or operator of a sexually oriented cabaret or lounge commits an offense by failing to prominently display a sign within the premises notifying patrons and customers of the prohibitions contained in subsections (d) through (g) of this section. While the cabaret or lounge is open for business, such permit holder or operator must also prominently and continuously display a two-inch wide glow-in-the- dark line on the floor of the premises marking a distance of six (6) feet from any unenclosed stage on which an employee may appear in a state of simulated nudity or semi-nude. SECTION 3. THAT if any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this article or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this article that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this article are declared to be severable for that purpose. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by City Council on first reading this 12th day of __ ___::J:..:::an:::ua=ry;L._ __ --..J 2007. Passed by City Council on second reading this 25th day of __ ....:J:..::a::nu=:a:::ry=..z..... __ _ 2007. -~-~~~-DAVIDA~, MAYOR ATTEST: R~cfiySec~~ APPROVED AS TO CONTENT: JjJ._~~~~ Claude JoneS, ChiefOfPOte APPROVED AS TO FORM: M/£.Momey HW:Jh/Ordinance-SOB.ord ITEM#/SUBJECT: CITY OF LUBBOCK AGENDA ITEM SUMMARY Consider an ordinance amending the Code of Ordinances of the City of Lubbock, by amending Chapter 14, Article IX, entitled Sexually Oriented Businesses. BACKGROUND/DISCUSSION: The Fifth Circuit Court of Appeals in Fantasy Ranch v. Citv of Arlington recently upheld provisions in one of that City's ordinances intended to alleviate the negative secondary effects that may result from contact between customers of sexually oriented businesses and nude or semi-nude employees of those businesses. The proposed ordinance amending Chapter 14, Article IX of the Code contains provisions very similar to those which the Fifth Circuit scrutinized and upheld as lawful. The intent of the proposed amendment is to reduce negative secondary effects locally by restricting the contact that customers of sexually oriented businesses may lawfully have with specified employees of such businesses. FISCAL IMPACT: Unknown at this time. SUMMARY/RECOMMENDATION: Staff recommends and requests the City Council express its approval and support for the proposed ordinance. Submitted by the Lubbock Police Department.