HomeMy WebLinkAboutOrdinance - 8874-1986 - Amending Chapter 154 Code Of Ordinances Adding Article IX - 01/09/1986' >
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First Reading
January 9, 1986
Agenda ·Item #28
Second Reading
January 23, 1986
Agenda Item #10
ORDINANCE NO. __ 8_87_4 ____ _
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES, CITY OF
LUBBOCK, TEXAS, ENTITLED LICENSES AND BUSINESS REGULATIONS, BY ADDING
ARTICLE IX, PROVIDING FOR THE REGULATING OF ADULT ENTERTAINMENT ESTABLISH-
MENTS AND ENTERPRISES AND PROVIDING THAT A PERMIT FEE BE REQUIRED FOR SUCH
ESTABLISHMENTS AND ENTERPRISES AND PROVIDING A PURPOSE AND INTENT FOR SUCH
ORDINANCE AND REQUIRING THAT ALL APPLICANTS FOR SUCH A PERMIT COMPLETE AN
ALL INCLUSIVE APPLICATION AND PROVIDING THE REGULATING OF USE OF PREMISES
OF SUCH ESTABLISHMENTS AND ENTERPRISES AND PROVIDING FOR GROUNDS FOR
DENIAL, SUSPENSION OR REVOCATION OF SUCH PERMIT AND PROVIDING FOR PRO-
CEDURES TO APPEAL SUCH DENIAL, SUSPENSION OR REVOCATION AND REQUIRING THAT
RECORDS BE KEPT AND PROVIDING THAT VIOLATION OF ANY PROVISION OF THIS
ORDINANCE SHALL BE DEEMED A MISDEMEANOR; PROVIDING A SAVINGS CLAUSE AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas, has deter-
mined that it is in the best interests of public safety and public health
of the citizens of Lubbock, and to prevent solicitation for acts of
prostitution in adult entertainment establishments and enterprises by
providing certain minimum standards and regulations for adult entertainment
establishments and enterprises, and by providing standards for operators
and employees of adult entertainment establishments and enterprises; and
WHEREAS, the City Council of the City of Lubbock, Texas, has deter-
mined that adult entertainment establishments and enterprises may endanger
the public safety or public health of the citizens of Lubbock by con-
tributing to the decline of residential and business neighborhoods and the
growth of criminal activity; and
WHEREAS, the regulation and permitting of such establishments and
enterprises are allowed pursuant to State law at Art. 2372w, V.T.C.S.; and
WHEREAS, the purpose of State law and this ordinance is to provide the
City a means of remedying the problems associated with adult entertainment
establishments and enterprises; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 14 of the Code of Ordinances for the City of
Lubbock entitled "Licenses and Business Regulations" BE amended by adding
thereto an Article IX, said Article IX to read as follows:
• J
ARTICLE IX. ADULT ENTERTAINMENT ESTABLISHMENTS & ENTERPRISES:
SECTION 14-240. Purpose and Intent.
It is the purpose and intent of this article to provide for the
orderly regulation of adult entertainment establishments and enter-
prises, as defined in this article, in the interests of public health
and safety, and to prevent solicitation for acts of prostitution in
adult entertainment establishments and enterprises by providing
certain minimum standards and regulations for adult entertainment
establishments and enterprises, and by providing standards for
operators and employees of adult entertainment establishments and
enterprises.
SECTION 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:
(1) "Adult entertainment enterprise" means any business activity
furnished for a fee or charge or other like consideration,
whether in public, semi-public or private premises, which offers
the opportunity to feel, handle, touch, paint, be in the presence
of, be entertained hy the unclothed body or the unclothed
portion of the body of another person, or to observe, view or
photograph any such activity. Except as specifically provided
otherwise herein, nothing in this section is intended to regu-
late:
(a) Any adult bookstore, adult movie theatre, or massage
establishment, unless such places are engaged in activities
governed by this ordinance.
(b) Any business operated by or employing psychologists,
physical therapists, athletic trainers, cosmetologists, or
barbers, licensed by the State of Texas, performing func-
tions authorized under the licenses held;
(c) Any business operated by or employing physicians or chiro-
practors, licensed by the State of Texas, engaged in
practicing the healing arts; or
(d) Any retail establishment whose major business is the
offering of wearing apparel for sale to customers.
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'.
(2) "Unclothed portion of the body" means a state of dress of such a
manner that the nipple and aureola are not firmly covered by a
fully opaque material, or the lower part of the torso, consisting
of the private parts or anal cleft or cleavage of the buttocks,
is not covered by a fully opaque material.
(3) "Adult entertainment establishment" means any establishment or
place of business where any individual, firm, association,
partnership, corporation, joint venture or combination of
individuals, engages in, conducts, operates, carries on or
permits to be engaged in, conducted, operated or carried on any
adult entertainment enterprise regardless of whether any other
activity is also conducted on the premises. Adult entertainment
establishment includes, but is not limited to, the following:
(a) "Adult cabaret": an establishment whose major 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.
(b) "Adult encounter parlor": an establishment whose major
business is the providing of premises where customers either
congregate, associate or consort with employees who engage in
specified sexual activities with or in the presence of such
customers, or who display specified anatomical areas in the
presence of such customers, with the intent of providing sexual
stimulation or sexual gratification to such customers.
(c) "Adult modeling studio": an establishment whose major
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 who engage in speci-
fied sexual activities or display specified anatomical areas
while being observed, painted, painted upon, sketched, drawn,
sculptured, photographed, or otherwise depicted by such cus-
tomers.
(4) "Employee" means every owner, partner, manager, supervisor, or
worker, whether paid or not, who renders personal services of any
nature in the conduct of an adult entertainment enterprise. 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 com-
pensation or consideration for such service or work from the
operator or owner of such establishment or from the customers
therein.
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(5) "Customer" means any person who:
(a) 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.
(6) "Entertainment" means any act or performance such as a play,
skit, reading, revue, pantomime, scene, song, dance, musical
rendition or striptease, whether performed by employees or
customers. The term "entertainment" shall also mean bartenders,
waiters, waitresses, or other employees exposing specific
anatomical areas or engaging in specified sexual activities in
the presence of customers.
(7) "Specified anatomical areas" means:
(a) Less than completely and opaquely covered:
(1) human genitals, pubic region or pubic hair; or
(2) buttock; or
(3) female breast which exposes any part of the aureola;
or,
(b) Human male genitals in a discernibly erect state, even if
completely and opaquely covered.
(B) "Specified sexual activities" means:
(a) Human genitals in a discernible state of sexual stimulation
or arousal; or
(b) Acts of human masturbation, sexual intercourse or sodomy; or
(c) Fondling or other erotic touching of human genitals, pubic
region or pubic hair, buttock or female breast.
SECTION 14-242. Exemptions.
The following are specifically excluded from the meaning of the term
"adult entertainment establishment," and "adult entertainment enter-
prise" and are exempt from the application of all provisions of this
article.
(1) Physicians, surgeons, chiropractors, osteopaths or physical
therapists who are duly licensed to practice their respective
professions in the State of Texas;
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(2) Nurses registered under the laws of the State of Texas;
(3) Trainers of any amateur, semiprofessional or professional athlete
or athletic team;
(4) Barbers or cosmetologists who are duly licensed under the laws of
the State of Texas;
(5) Any activity conducted or sponsored by any school district or
other public agency;
(6) Any activity conducted by a person pursuant to any license issued
by the State of Texas or any agency thereof or political
subdivision which licenses, prescribes standards for and
supervises such activity or profession;
(7) Portions of performances on theater, concert hall, music hall or
auditorium stages wherein such displays are an integral part of a
dramatic or comedic presentation;
(8) Private schools providing a course of instruction in photography,
or photography studios which do not provide for consideration
photography equipment, models and a studio;
(9) 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.
SECTION 14-243. Permit Required.
(A) It shall be unlawful for any person, association, partnership,
firm or corporation to open or operate or be employed by an adult enter-
tainment establishment or enterprise, or to conduct business as such, or to
manage an adult entertainment establishment or enterprise, without first
obtaining and maintaining in effect an adult entertainment establishment or
enterprise permit as provided by this article.
(B) The provisions of this article shall apply to existing adult
entertainment establishments and enterprises.
(C) Any person, association, partnership, firm, or corporation
operating or doing business as an adult entertainment establishment or
enterprise permitted under this article shall include and prominently
display their permit number on all printed or written advertising used by
said establishment or enterprise.
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SECTION 14-244. Permit Application.
(A) Any person, association, firm, partnership, or corporation
desiring to obtain an adult entertainment establishment or enterprise
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 nonrefundable application fee which is required to
defray the actual costs of processing said permit application, and which
said fee may not exceed the actual cost of processing the permit appli-
cation in accordance with Art. 2372w, §4(b), V.T.C.S. The application fee
required by this section and the permit required by this article shall be
in addition to any other business licenses or 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 of said
Code.
(C) (1) The permit fee for an adult entertainment establishment or
for an adult entertainment enterprise may be adjusted
annually commencing October 1, 1985, and each year there-
after, 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.
(2) On October 1, 1985, and on each October 1st 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 ahall file with the City Secretary a list
setting forth the adjusted fees.
(3) 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 preceeding
year.
(E) The amount of a permit fee shall be prorated and reduced ac-
cording to the number of days remaining before the date of expiration of
such permit.
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SECTION 14-245. Permit Application Contents.
(A) An applicant for an adult entertainment establishment or enter-
prise permit shall submit an application verified under oath that the
information contained there 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.
(2) If the applicant is a partnership, the full name of the
partnership and the names 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 applicant.
(4) The applicant's current residence address.
(5) The applicant's two (2) residence addresses immediately prior to
the applicant's present address, and the dates of the residence
at each.
(6) The address at which the applicant desires to do business, and
the name under which the business will be conducted.
(7) A general description of the service to be provided.
(8) The telephone number of the establishment or enterprise.
(9) The address, and legal description of the parcel of land on which
the establishment or enterprise is to be located.
(10) The date on which the applicant became owner of the establishment
or enterprise for which a permit is sought, and the date on which
the establishment or enterprise began operations at the location
for which a permit is sought.
(11) Written proof that the applicant is at least twenty-one (21)
years of age.
(12) The applicant's height, weight and color of hair and eyes.
(13) Two (2) portrait photographs, at least two inches by two inches
(2" x 2") in size, taken within the previous six (6) months.
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(14) The business, occupation or employment history of the applicant
during the previous five (5) years.
(15) All felony and misdemeanor convictions of the applicant,
excluding those for traffic offenses.
(16) The applicant's complete fingerprints, recorded by the lubbock
Police Department.
(17) The name and current residence addresses of each person employed
or intended to be employed by the adult entertainment establish-
ment or enterprise.
(18) If an application for an adult entertainment establishment or
enterprise permit is for one other than an individual, the full
name and current residence address of each of its partners,
members, directors, officers and managers.
(19) 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.
(20) A written declaration that the applicant has read the provisions
of this Section and is in compliance with them.
(21) 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 application is a corporation or other
entity, the application shall be signed and verified by the
president of such corporation or entity.
(22) The name and local address of the individual who manages,
directs, or controls the premises and operations of the permitted
establishment or enterprise. No permit applicant shall designate
more than one such individual; provided, however, that the
applicant may act in such capacity and designate himself.
(B) If an application for an adult entertainment establishment or
enterprise permit is for a firm, partnership, association or corporation,
the applicant shall be the individual who is to be in actual management of
the establishment or enterprise for which a permit is requested, and the
information and material required about the applicant by subsection (A) of
this section shall also be required about the individual in active manage-
ment of the firm, partnership, association or corporation in whose name the
permit is to be issued.
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SECTION 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 ar-
ticle.
(B) A surety bond 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 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
principal's agent or employee, and shall be subject to claim by any person
injured thereby.
(C) 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 establishment or enterprise under an
assumed name.
(D) If applicant is a Texas corporation, a certified copy of the
articles of incorporation, together with all amendments thereto.
(E) 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.
(F) 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).
(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).
SECTION 14-247. Premises Used; Access.
(A) No premises used as an adult entertainment establishment or used
for an adult entertainment enterprise shall be used as living quarters or
as a residence in any capacity, temporarily or permanently.
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(B) No adult entertainment establishment or enterprise shall use an
entrance or exit that also provides a direct passageway to any other type
of business, residence or living quarters.
(C) No adult entertainment establishment or enterprise shall during
business hours, lock the doors to the exits or entrances of such
establishment or place of enterprise, 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.
(D) The permittee or individual designated under Section 14-245(22)
shall remain upon the premises at all times said establishment is open.
(E) The permittee and the person designated under Section 14-245(22)
by the permittee to manage, direct and control the establishment or enter-
prise, shall at all times be legally responsible for the conduct in the
establishment or enterprise of each employee.
SECTION 14-248. Premises Used; Transferability Of Permit.
(A) A permit holder shall conduct business only at the address shown
on the permit. Each additional place of business shall require a separate
permit.
(B) All permits issued under this article shall be nontransferable as
to permittee or as to location. Permits shall not be transferred from one
location to another without applying for a new permit.
(C) No permittee shall in any manner advertise its services as
permitted or bonded by the City.
SECTION 14-249. Issuance Or Denial Of Permit.
(A) The Chief of Police 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 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.
(B) Within forty-five (45) days after receipt by the City Secretary
of the application for permit, the City Secretary shall inform the ap-
plicant by certified mail, return receipt requested, as to the approval or
denial of said permit.
SECTION 14-250. Grounds For Denial Of Permit.
The City Secretary shall issue a permit to the applicant unless one
(1) or more of the following conditions exists:
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(1) The location of the adult entertainment establishment or enter-
prise is or would be in violation of Section 29-24(c)(26) of the
Zoning Ordinance of the City of lubbock, Texas.
(2) The applicant failed to supply all of the information requested
on the application.
(3) The applicant knowingly gave false, fraudulent or untruthful
information on the application.
(4) The application or the establishment or the enterprise does not
meet all of the other requirements of this article.
(5) 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 Art. 6252-13c, Vernon's Texas
Civil Statutes.
(6) 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.
(7) 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;
(8) 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 appli-
cation.
(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
(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.
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SECTION 14-251. Procedures For Denial, Suspension, Or Revocation Of
Permit.
(A) In the event the application for a permit under this article is
denied, or the City suspends or revokes a valid permit, the City Secretary
shall comply with Art. 6252-13d, V.T.C.S., by notifying the applicant in
writing:
(1) of the reasons for the denial, suspension, or revocation;
(2) of the review procedure set forth hereinbelow; and
(3) of the earliest date that the person may appeal.
(B) If an applicant desires to challenge the denial, suspension, or
revocation of a permit, he shall be entitled to a hearing before the Permit
and License Appeal Board, so long as a written request for such a hearing
is filed with the City Secretary within ten (10) days after the receipt of
the notification of such denial, suspension, or revocation. The appli-
cant's written request for a hearing shall set out the grounds on which the
City's decision is challenged.
(C) Denial, suspension or revocation of a permit shall be effected by
the Chief of Police signing the written notice to be mailed to the permit
holder.
SECTION 14-252. 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.
SECTION 14-253. Required Records.
(A) Every adult entertainment establishment or enterprise permittee
shall maintain a current list of all employees employed by the establish-
ment or enterprise, showing the name and current address of each employee.
(B) 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.
(C) Every adult entertainment establishment or enterprise permittee
shall report in writing to the Police Department the name of any employee
employed therein whose employment has terminated, within seventy-two (72)
hours after such termination.
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SECTION 14-254. Revocation Of Permit.
(A) The Chief of Police shall have the authority to revoke a permit
issued under this article when:
(1) 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.
(2) 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 enter-
prise. The City shall consider the circumstances listed in
Art. 6252-13c, §4(b) and (c) in determining whether a
criminal conviction directly relates to an adult entertain-
ment establishment or enterprise.
(3) 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.
(4) 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.
SECTION 14-255. 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 establishment
or enterprise for which it was issued.
(B) It shall be unlawful for any person to counterfeit, forge,
change, deface or alter a permit.
SECTION 14-256. Minimum Age Requirements.
It shall be unlawful to allow a person who is younger than twenty-one
(21) years of age to enter an adult entertainment establishment for the
purpose of being a customer there, or being solicited by an adult entertain-
ment enterprise for the purpose of being a customer there.
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..
SECTION 14-257. 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.
SECTION 14-258. 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 ONE
THOUSAND DOLLARS ($1,000.00). Each day such violation continues shall
constitute a separate offense. Revocation of a license shall not be a
defense against prosecution.
SECTION 14-259. 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 if any provision, section, subsection, sentence,
clause or phrase of this article, 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 3. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
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. . .
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SECTION 4. THAT this Ordinance adopted hereby, shall become effective
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 9th day of JanuarY, 1986.
Passed by the City Council on second reading this 23rd day of Januar.l' 1986.
'"', /"
ATTEST: :. ::-
APPROV~ A~:.~ CONTENT:
/Zrn~ 72:/~
Thomas J. Nichols, Chief of Police
APPROVED AS TO FORM:
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THE STAT~ OF TEXAS
COUNTY OF LUBBOCK
YnZ3ZO 1<-IOj
Before me Dorothv RU&Ie II a Notarv Public in and for Lubbock Countv Texas on this dav
personally appeared Tw11 a Auf111 • Account MZJna~e r of the S~u.thwestern Newsp~
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this _.L...te!OJI!I:O.Ma_.I__.N~ou......t-.~1~c;..lell------------
--------------No.125387 at Lubbock County. Texas and the attached print-
ed copy of the Lee: a I Not 1 ce is a true copy of the original and was printed in the Lubbock
Avalanche-Journal on the following dates: Januarv 28th &: Februarv 2ndr 1986
552 word• @ 76t Per word = 8419.52
Account ManaE!er
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this 1..r:..d._ day of Feb ruar=Y
FORM58-IO
19-86--
~~~
On.tlOTIW RUSSEll
Noto.r; Public In And Fer lhe State Of Tex_as,
My commission Expires Nov. 9, 1982. ·
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-:SECTIONS 27-55 A~D 27·m .JY. ZONlff(J, OROI.NANC:E NO. ·_JOU ·!~ MAKE THE FOLLOWING CHANGING THE MINIM\IM . AND 11Gf OFFICIAL MAP Of:: ....-.ANOES: ZONE CASE· .. NO
AMOUNTS OF LIABIUTV AND. TMI!·CtTV OF L-iJ,UOC:K SO 4$ 2550; ~"CHANGE OF ZONING 'PROPERTY~ FNSURANCE RE· TO MAKI'!.· THE FOLLOWINO: ~FROM R.1 TO C--4 UNDER PRO' [
QUI REO. P~eOVIDING A SAV· CHANGES:·ZONE WE NO. 2522• .. VISIONS OF SECTION ~·29 OF j
. INGS .CLAU.SE AND PRQVIQING •A; A ·CHANGE QF ZONING .:THE COO£ OF ORDINANCtS OF. I FOR PUBLICATION. ·. : • FROM C·2 ANO R·1 SPECIFIC ,;TH_E CITY OF LUBBOCK, ON A 1
. . . · ORDINA!IC:&tfCU87~ ·USE ZONING 01$TRICTS TO c;-i ~~~TRACT 0~ LAND OUT OF SEC· AN ORDINANCE 1\MjiNOI.NG · ,ZONING DISTRICT LIMITEb TION 2, ·BLOCK •D-6.-LU.BOCK CHAPTER 29 OF THE CODE OF.. TO: 1) QUI(; I( •TUNE AND QUICK·-OUNTY, TEXAS; SUBJECT TO
.ORDINANCES. CITY_ OF LUB· .:OIL C:HANGE TYPE USE, AND ONq!TIONf. PROVIDING FOR BOCK, ENTITL£0 "ZONING.'' j.21 · USES UNCONDITIONALLY-PENALTY AS PROVIDED FOR
BY .'!tEQUIRI.NG A ·SPECIFIC ~!PERMITTED IN THE C•2 ·ZON' N SECTION 29-31Cal OF THE
·USE. ZONE CHANGE· FOR" !;:.·lNG ·01$. TR. IC.T, .tJN.OER PROVI·l ON lNG ORDINANCE; PROVIO-. ADULT ENTERTAINMENT £5· I{SIONS OF SECTION 29·29 (IF". NG A SAVINGS CLAUSE AND··
TABLISHMENTS OR ENTER· •j!HE CODE OF ORDINANCES OF' ~QONV.IDING_ F•OR .· :f>V. BLic:A,_
PRISES, IN THE '''C·3." ''C..._" 1.;·oH6 CITY.. 'OF. LUBBOCK. ""O.N.·
"M·J"· OR "M·2" ZONING DIS· tr-.LOT.S 1, ·1 •. 3 AN0.61,.FRIENI> ~ &N.· )_.ORDINOARP,~~ANC:ENO.WI
.TRICTS A"ND SUBJECT TO C:ER•: 1:~:SHIP ESTATES ADDITION, CITY . IC~HA"TER 2t o"""I'·"THE~~INOGF TAIN MINIMUM CONI)ITIONSi. <OF LUBBOCK, LUBBOCK COUN· ,. '"""'" PROVIDING A PENALTY; PRO' LTY; TEXAS; SUB~ECT.TO CON·,. ,ORDINANCES, ClTY OF LUll-·
.vuliNG A SAVINGS ·cu. use :· DITIONS; PROVIDING ··flieR. ·A 1 BOCK. E·NTtTLEo . "ZONING ..
AND PROVIDING FOR PUB\.1· (PENALTY_ AS li!ROVIOED F_OR BY .REQUIRING ·A SP~CtFic CATION •• :. . ': · .. •· ·IN SECTION !19·3Ha)•.-OP "YHE · )USE ZONE "CHANGE'·' FOR . . ... OltDJNANCE NO. q75 .:ZoNING ORDINANCE; PROVIQ. ' 'ADUI.T EN.TERTAINMENT .e.s-·· AN ORDINANCE· A.MENDitlG :'iNG A SAVINGS CLAUSE ·AND j TABLISHMENTS . OR ~TeR
ZONING ORDINANCE NO. J0&4c -PROVIDING •FOR.: · PUBLICfo~ •. ! PRISE$,· IN THE itC:-3." "C~ ,;
AND THE OFFICIAL MAP OF 'TION,, . · ·. ... · · · "1111-f" QR ·"M·~~ .ZONING 01$. THE CITY· OF I,.UBBOCK SO AS . · '. •·. 'bRDINANCE N0.8877'' 'TRICTS AND SUIJJECT TO CER ·
TO 1,.\AKE THE . FOLLOWING 0 AN ORDINANC::E: -AMENOIN<l-~ i TAIN MINIMUM· CONDITIONS: CHANGES: ZONE· CASE . NO, 'ZONING ·O~OINANCE. NO. ·iOU' I PROVIDING A. PENALTY; PRO:
2$49; A SPECIFIC USE ZONE AND THE OFFICIAL .MAP OF: X'DING "A SAVINGS CLAUSE <:HANGE,FROMC-4TOC~SPE· THE.(ITYOF lU&eOCK&O.AS. :• .. ~TD1·0·PNROV •. IDING ~OR PUB''· CtFI_C : USE · PEIWI-T · UNDER TO. ·MAKE THE. • FOt.LOWJNG .· ,... "' !pROVISIONS :op SECTION 29-: , ;CHANGES: ZONE CASE NO. 2269• ; · · · ·: ' "ORDtNANCE NO 1811
Ule)(Ul DF 1'HE: ZONING OR· 'II: TO AMI>NP THE .SIT!! PLAN: .. AN ORDINANCE. AMENDING .DINANCE, '.FOR • A TRAV~L -OF TRACT G; KINO'S GATta AD' ' CHAPTER 29 OF· THE CODE i:lF 'TRAILER PARK ON LOTS I AND OITION fO .THE CITY OF LUll-' ORDINA.NCES. CITY ·OF LUII-t·T-HROUGH t7, BLOCIC !,·AND BOCK, UIBBOCIC . COUNTY, BOCK, ENTITLED "ZONING" ALL OF BL"OCK a; ANti LOTS I .TEXA$1 SUBJECT TO CONDI• ; BY ADDING TO SECTION 29.3 A ;AND 17; BLOCK .3. RIVER LAWN , TIONS: PROVIDING FOR A . ,. O.I.EFINITION FQR ·"COMPARA-.ADDITIQN, C.I"N OF W_BB(I(K, ,PENALTY AS PROVIOI!O FOR .; E USE"; ANI;)-BY.ADDfi'IG·A -LUBBOCK COUNTY, ·TEXAS: •IN SltCTION !Nile) OF THE .,. NEW SECl"ION. WHICH ·WILL SUBJEC.T TO CONDITIONS; ZONING ORDIN"ANCE; PROVID' PROVIDE CONTROLS UPON. 'PROVIDING FOR A PENALTY' lNG A SAVINGS CLAUSE AND flGN$ IN •THE EXTRAT1:RRI-AS PROVIDE IN SECTION PROVIDING FOR .PUBLI¢.t,. t1?rRIAL iURISDICTION OF.THE -·"lll·OF. "'I.,G O"'D.. .tiOik. . . . 'c Y.r P OVtOING A·S~VIN"" ;;;:.;~1 . ~ nfo" A Si.v-· i .t.t"use: PROVIDING A P:e';:
I MGS QU.t.l$1;' ANo PROVIDING. ; PU~r~~NTDIONPROVIDiNO FOR' FDRNIBLIC:ATION. '·" · ... :, . • R·I07 . ·