ORD 498 9/22/1998ORDINANCE NO. 498
AN ORDINANCE DEFINING AND REGULATING ADULT ENTERTAINMENT
ESTABLISHMENTS, ESTABLISHING PROVISIONS FOR LICENSING AND
ENFORCEMENT, AND IMPOSING PENALTIES FOR NONCOMPLIANCE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO:
ARTICLE I
SECTION 1.01 Adontion of Preamble
The findings contained in the preamble of this ordinance are determined to be true and correct and are adopted as a part
of this ordinance.
SECTION 1.02 Pu=se and Intent
It is the purpose of this ordinance to regulate Adult Entertainment Establishments to promote the health, safety, morals
and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the
concentration of Adult Entertainment Establishments within the City. The provisions of this Ordinance 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 effect of this ordinance 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 entertainments to their intended market.
ARTICLE 11
DEFINITIONS
SECTION 2.01 Definitions
A. For purposes of this ordinance, the word "he" shall be defined to include the word "she" or "they."
B. Unless otherwise expressly stated, the following terms shall, for the purposes of this ordinance, have the
meanings indicated in this Section.
1. Adult Entertainment Establishment means:
a. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult
motion picture theater, escort agency, nude model business or sexual encounter center; tanning salon and/or
b. Any establishment whose principal business 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 its
customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear
in a state of nudity, sheer or provocative clothing.
c. The term "adult entertainment" shall not be construed to include:
(1) Any business operated by or employing licensed psychologists, licensed physical therapists,
registered nurses, licensed athletic trainers;
(2) Any business operated by or employing licensed chiropractors engaged in practicing the
healing arts;
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(3) Any retail establishment whose principal business is the offering of wearing apparel for sale
to customers and which does not exhibit merchandise on live models; or
(4) Any activity conducted or sponsored by any Texas independent school district, licensed or
accredited private school or public or private college or university.
2. Adult Arcade means any place to which the public is permitted or invited wherein coin-operated or slug -
operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other
image -producing devices are maintained to show images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities"
or "specified anatomical areas."
3. Adult Bookstore or Adult Video Store means a commercial establishment which as its principal business
purpose offers for sale or rental for any form of consideration any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video
cassettes or video reproductions, slides, or other visual representations, which depict or describe "specified
sexual activities" or "specified anatomical areas" or
b. Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual
activities." This does not include items used for birth control or for prevention of sexually transmitted diseases.
4. Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment which regularly
features:
a. Persons who appear in a state of nudity; or
b. Live performances which are characterized by the exposure of "specified anatomical areas" or by
"specked sexual activities"; or
C. 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."
5. 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 transmission, 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 for a period of time that is less than 10 hours; or
C. Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than
10 hours; or
d. 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 an adult motel.
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6. Adult Motion PictureTheater means a commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are
characterized by the depicting or description of "specified sexual activities" or "specified anatomical areas."
7. Church means a building, whether situated within the City or not, in which persons regularly assemble
for religious worship intended primarily for purposes connected with such worship or for propagating a particular form
of religious belief.
8. Customer means any person who:
a. is allowed to enter an Adult Entertainment Establishment in return for the payment of an admission fee
or any other form of consideration or gratuity; or
b. Enters an Adult Entertainment Establishment and purchases, views, rents or otherwise partakes of any
merchandise, goods, entertainment or other services offered therein; or
C. 1s a member of and on the premises of an Adult Entertainment Establishment operating as a private
club.
9. Employee means any person who renders any service whatsoever to the customers of an Adult
Entertainment Establishment or who works in or about an Adult Entertainment Establishment and who:receives
compensation for such service or work from the operator or owner of the Adult Entertainment Establishment or from the
customers therein.
10. Escort means a person who, for consideration, agrees or offers to act as a companion or date for
another person, or who agrees or offers to privately model lingerie, to privately perform a striptease for another person,
or to display any "specified anatomical areas".
11. Escort Agency menus a person or business association who furnishes, offers to furnish or advertises
to furnish escorts as its principal business purpose, for a fee, tip, or other consideration.
12. Licensee means a person in whose name a license to operate an Adult Entertainment Establishment has
been issued, as well as any and all individuals listed as applicants on the application for a license.
13. Licensed Day Caro Center means a facility licensed by the State of Texas, whether situated within the
City or not, that provides care, training, education, custody treatment or supervision for more than six (6) children under
fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator
of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit
or charges for the services it offers.
14. Nude Model Business means any commercial establishment where a person who appears in a state of
nudity or displays "specified anatomical areas" is provided or allowed to be observed, sketched, drawn, painted, sculpted,
photographed, or similarly depicted by other persons who pay money or any form of consideration.
15. Nudity or State of Nudity means:
a. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
b. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals,
or areola of the female breasts.
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16. Operated or Caused To Be Operated means to cause to function or to put or keep in operation. A
person may be found to be operating or causing to be operated an Adult Entertainment Establishment whether or not that
person is an owner, part owner, licensee or manager of the establishment:
17. Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
18. Principal means over fifty -percent (50 %) of customers, volume of sales, stock in trade, display areas
or presentation time in any three (3) month increment period beginning from the date of issuance of a certificate of
occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including
those that are identical, considered a separate title or object.
19. Regularly means featuring, promoting or advertising a happening or occurrence on a recurring basis.
20. Residential District means a residentially -zoned district as defined by the Zoning Ordinance of the City
of Cibolo.
21. Residential Use means a single-family, townhouse, duplex, mobile home or multiple -family use as
defined in the Zoning Ordinance of the City of Cibolo.
22. Sexual Encounter Center means a business or commercial enterprise that, as its principal, business .�
purpose, offers for any form of consideration "Specified Sexual Activities."
23. Specified Anatomical Areas means human genitals.
24. Specified, Sexual Activities means and includes any of the following:
a. The fondling or other erotic touching of human genitals, pubic region, pubic hair, perineum, buttocks,
anus, or female breasts;
b. Sex acts, normal or abnormal, actual or simulated, including intercourse, oral copulation, sodomy or
bestiality;
C. Masturbation, actual or simulated; or
d. Urinary or excretory functions.
25. Taming Salon means a commercial establishment where a person appearing in a state of nudity or
displaying " specified anatomical areas" engages in activities related to sunbathing or tanning within the view of customers.
This does not include the use of opaque tanning devises which are not visible to other customers or patrons of the
establishment.
ARTICLE M
LOCATION OF ADULT ENTERTAINMENT ESTABLISHMENTS
SECTION 3.01 Location
A. An Adult Entertainment Establishment shall be located within a specific zoning district as set forth in
the Cibolo Zoning Code.
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B. A person commits an offense if he establishes, operates or causes to be operated or expanded an Adult
Entertainment Establishment within 1500 feet of:
1. A church;
2. A public or private elementary or secondary school;
3. A boundary of a residential district;
4. A licensed day care center;
5. A public park; and/or
6. The property line of a lot devoted to a residential use as defined in this section.
C. A person commits an offense if he establishes, operates or causes, to be operated or expanded an Adult
Entertainment Establishment within 1500 feet of any other Adult Entertainment Establishment.
D. A person commits an offense if he establishes, operates or causes to be operated or expanded an Adult
Entertainment Establishment in any building, structure or portion thereof containing another Adult, Entertainment
Establishment.
E. For the purpose of Subsection B, measurement shall be made in a straight line, without regard to
intervening structures or objects, from the nearest portion of the building or structure used as space occupied for an Adult
Entertainment Establishment to the nearest property line of the premises of a church, public or private elementary or
secondary school, licensed day care center, or to the nearest boundary of an affected public park, residential district,or
residential lot.
F. For purposes of Subsection C of this Section, the distance between any two Adult Entertainment
Establishments shall be measured in a straight line, without regard to intervening structures or objects, from the closest
exterior wall of the structure in which each business is located or from the wall of the space occupied as applicable.
SECTION 3.02 Nonconforming Uses
A. Any Adult Entertainment Establishment lawfully operating prior to the effective date of this ordinance,
that is in violation of Section 3.01 shall be deemed a nonconforming use. The nonconforming use will be permitted to
continue for a period not to exceed three (3) years from the effective date of this ordinance, unless sooner terminated for
any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be
increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more Adult
Entertainment Establishments are within 1,500 feet of one another and otherwise in a permissible location, the Adult
Entertainment Establishment which was first established and continually operating at a particular location is the
conforming use and the later established business(es) is nonconforming.
B. Notwithstanding anything contained herein to the contrary, the City Council may extend the allowed
time period hereinabove provided to a reasonable period of time for any nonconforming Adult Entertainment
Establishment upon a showing by a particular business that without an extension, it will be unable to recoup its investment
in the nonconforming structure.
1. Any nonconforming Adult Entertainment Establishment which desires an extension must
register with the City Secretary as a nonconforming use no later than December 1, 1998, and must file
an application for an extension of the period not later than August 1, 1999. Requests for an extension
of the period shall be limited to one application with the City Council.
2. Section 3.02 (B) shall not apply to any establishment which has undergone a change in
ownership since the effective date of this ordinance.
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C. An Adult Entertainment Establishment lawfully operating as a conforming use after the effective date
of this Ordinance is not rendered a nonconforming use by the location, subsequent to the commencements of operation
of the Adult Entertainment Establishment, of a church, public or private elementary or secondary school, public park,
licensed day care center, another Adult Entertainment Establishment, residential use or residential zoning district within
one thousand five hundred (1,500) feet of the Adult Entertainment Establishment.
ARTTCLE IV
LICENSE FOR ADULT ENTERTAINMENT ESTABLISHMENT
SECTION 4.01 License Re rqt 'red
A. A person commits an offense if he operates or causes to be operated Adult Entertainment Establishment
without a valid license, issued by the City for the particular type of business.
B. All applications for a license under this article shall be accompanied by a nonrefundable application
fee of Five Hundred Dollars ($500.00). An application shall not be considered to have been filed until the fee is paid and
all information required by the application form has been submitted.
SECTION 4.02 License issuance
A. The Chief of Police shall approve the issuance of a license to an applicants within thirty (30) days after
receipt of an application unless the Chief of Police finds one (1) or more of the following to be true:
1. The location of the Adult Entertainment Establishment is or would be in violation of Article IH of this
ordinance and/or the physical layout of the premises does not comply with the requirements of Article V of this
ordinance;
2. The applicant failed to supply all of the information requested on the application;
3. The applicant gave false, fraudulent or untruthful information on the application;
4. An applicant is under eighteen (18) years of age;
5. An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, frees, or
penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to an Adult
Entertainment Establishment;
6. An Applicant or an applicant's spouse has been convicted of a violation of a provision of this
Ordinance, other than the offense of operating an Adult Entertainment Establishment without a license, within
two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no
effect;
7. The license fee required by this Article has not been paid;
8. The applicant has not demonstrated that the owner of the Adult Entertainment Establishment owns or
holds a lease for the property or the applicable portion thereof upon which the Adult Entertainment Establishment
will be situated or has a legally enforceable right to acquire the same;
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9. An applicant of the proposed establishment is in violation of or is not in compliance with Section 4.03
or 4.08 of this Article;
10. An applicant or an applicant's spouse has been convicted of a crime:
a. Involving:
(1) Any of the following offenses as described in Chapter 43 of the Texas Penal Code:
(a) Prostitution;
(b) Promotion of prostitution;
(c) Aggravated promotion of prostitution;
(d) Compelling prostitution;
(e) Obscenity;
(t) Sale, distribution or display of harmful material to a minor;
(g) Sexual Performance by a child;
(h) Possession of child pornography.
(2) Any of the following offenses as described in Chapter 21 of the Texas Penal Code:
(a) Public lewdness;
(b) Indecent exposure;
(c) Indecency with a child.
(3) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas
Penal Code;
(4) Incest, solicitation of a child or harboring a runaway child as described in Chapter
25 of the Texas Penal Code; or
(5) Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
b. For which:
(1) Less than two (2) years have elapsed since the date of conviction, or the date of
release from the terms of probation, parole or deferred adjudication, or the date of release
from confinement imposed for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
(2) Less than five (5) years have elapsed since the date of conviction, or the date of
release from the terms of probation, parole or deferred adjudication, or the date of release
from confinement for the conviction, whichever is the later date, if the conviction is of a
felony offense; or
(3) Less than five (5) years have elapsed since the date of the last conviction or the date
of release from confinement for the last conviction, whichever is the later date, if the
convictions are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-fotir (24) month period.
B. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or
applicant's spouse.
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C. An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 4.02
(A) (10) (a) may qualify for an Adult Entertainment Establishment license only when the time period required by Section
4.02 (A) (10) (b) has elapsed.
D. A nonconforming Adult Entertainment Establishment operating prior to the date this Ordinance becomes effective
shall apply for the license required under Section 4.02 within 90 days of the effective date of this Ordinance. The Chief
of Police shall approve the issuance of the license with regard to noncompliance with Section 4.02 (A) (1), (5), (6), and/or
(9). Failure to comply with Section 4.02 (A) (7), (8), and/or (1.0) may be cause to deny issuance of the license if in the
opinion of the Chief of Police such failure creates a harmful or dangerous condition.
1. If a license is issued then such license may be renewed as provided in Section 4 .04 without complying
with areas of noncomplaince existing at the time of its original issuance for the remainder of the licensee's lease term if
licensee is a tenant or for a sufficient period of time to enable the licensee to recoup its investment in the nonconforming
use business if licensee is the owner of the property in which the business is conducted.
2. If the license is denied by the Chief of Police based on his opinion that noncompliance with Section 4.02
(A) (%), (8) and]/or (10) creates a harmful or dangerous condition then the prospective licensee shall have the right of
appeal to the Municipal Court of the City of Cibolo, Texas, as provided in Section 4.07 (B) and (C) except that the
burden of proof of the existence of the harmful or dangerous condition shall be home by the Chief of Police. _
3. Any license issued pursuant to 4.02 (D) (1) or (2) (after appeal) shall be terminated on the happening
of any of the following events:
1. Any cessation of operation of the licensed business for a period in excess of 10 days for any
reason;
2. Any change in ownership of the licensed business;
3. Any violation of any of the terms of this Ordinance;
4. Any change in location or remodeling of the location at which the business operates;
S. The existence of any conditions set out in Section 4.02 of this ordinance for the denial of a
license other than those conditions waived at the time of issuance of the initial license.
E. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the
expiration date and the address of the Adult Entertainment Establishment.
F. The license shall be posted in a conspicuous place at or near the entrance to the Adult Entertainment
Establishment so that it may be easily read at any time.
SECTION 4.03 Inspection and Maintenance of Records
A. An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire
Department and Building Inspections Division to inspect the premises of an Adult Entertainment Establishment for the
purpose of insuring compliance with the law, at any time it is occupied or open for business.
B. A person who operates an Adult Entertainment Establishment or his agent or employee commits an offense if
he operates the establishment without maintaining a current list of all employees employed by the business, along with
a complete updated application. A valid driver's license, state identification card, or passport, all with a photo, shall be
required for all employment applications.
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C. A person who operates an Adult Entertainment Establishment or his agent or employee commits an offense if
he refuses to permit a lawful inspection of the premises by a representative of the Police Department at any time it is
occupied or open for business.
D. The provisions of this section do not apply to areas of an adult motel which are currently being rented by a
customer for use as a permanent or temporary habitation.
SECTION 4.04 Expiration of License
A. Each license shall expire one (1) year from the date of issuance.
B. A license may be renewed by submission to the Chief of Police or his designee of an application on the form
prescnbed by such official and payment of a nonrefundable renewal processing fee of Two Hundred Dollars ($200.00).
C. Application for renewal shall be made at least thirty (30) days before the expiration date.
SECTION 4.05 Suspension
A. The Chief of Police shall suspend a license for a period not to exceed thirty (30) days if he determines that a
licensee or an employee of a licensee has:
1. Violated or is not in compliance with Sections 3.01, 4.03 (b) or 4.08 of this Ordinance:
2. Engaged in public intoxication while on the Adult Entertainment Establishment premises;
3. Refused to allow an inspection of the Adult Entertainment Establishment premises as authorized by this
Article; or
4. Knowingly permitted gambling by any person on the Adult Entertainment Establishment premises.
B. When the Chief of Police is authorized to suspend a license under this Section, he shall give the licensee the
opportunity to pay a reinstatement fee for Two Hundred Dollars ($200.00) rather than have the license suspended.
1.. Payment of this reinstatement fee shall be considered an administrative admission of the violation.
However, this shall not be used as an admission of guilt in a criminal prosecution under this Ordinance.
2. If the licensee does not pay the reinstatement fee before the expiration of the third working day after
notification, he loses the opportunity to pay it and the Chief of Police imposes the suspension.
3. Each day in which a violation is permitted to continue shall constitute a separate cause for suspension.
SECTION 4.06 Revocation
A. The Chief of Police shall revoke a license if a cause for suspension under Section 4.05 exists for which the
licensee has served a prior suspension or paid a reinstatement fee within the preceding twelve months.
B. The Chief of Police shall revoke a license if he determines that:
1. A licensee gave false or misleading information in the material submitted to the Chief of Police during
the application process;
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2. A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on
the premises;
3. A licensee or an employee has knowingly allowed prostituion on the premises;
4. A licensee or an employee knowingly operated the adult entertainment establishment during a period
of time when the licensee's license was suspended;
S. A licensee has been convicted of an offense listed in Section 4.02 (A)(10) for which the time period
required has not elapsed;
6. On two (2) or more occasions within a twelve (12) month period, an employee of the establishment
committed in or on the licensed premises an offense listed in Section 4.02 (A) (10) for which a conviction has
been obtained.
7. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or sexual contact to occur in or on the licensed premises. The term "sexual contact"
shall have the same meaning as it is defined in Section 21.02, Texas Penal Code; or
8. A licensee is delinquent in payment of hotel occupancy taxes, ad valorem taxes or sales taxes related
to the Adult Entertainment Establishment.
C. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
D. Section 4.06 (B) (%) does not apply to adult motels as a ground for revoking the license unless the licensee or
employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, contact to occur in a public place
or within public view.
E. When the Chief of Police revokes a license, the revocation shall continue for one (1) year and the licensee shall
not be issued an Adult Entertainment Establishment license for one (1) year from the date revocation became effective.
If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the
applicant may be granted a license if a least ninety (90) days have elapsed since the date the revocation became effective.
If the license was revoked under Section 4.06 (B) (5), an applicant may not be granted another license until the appropriate
number of years required under Section 4.02 (A) (10) has elapsed.
SECTION 4.07 Apaj
A. If the Chief of Police is authorized to deny the issuance of a license, or suspend or revoke a license, the Chief
of Police shall give written notice to the applicant or licensee of such intention.
1. The notice shall provide that the denial of issuance, suspension, or revocation shall take effect at the
expiration of the third working day alter notification unless the licensee provides a written response to the Chief
of Police before the expiration of the third working day.
2. If a written response from the applicant or licensee is received by the Chief of Police before the
expiration of the third working day, the suspension, denial of issuance, or revocation will be stayed pending a
decision by the Chief of Police. The Chief of police shall review the response before the rendering of a
decision.
3. The Chief of Police shall give written notice of this decision to the applicant of licensee.
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4. The decision by the Chief of Police is effective immediately and final pending any appeal.
S. Notice shall be deemed delivered by band delivery to owner or empl.oyce of the establishment or by
a posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified
mail, return receipt requested. Such notice if by mail shall be mailed to the address listed in the license
application for receipt of notice.
B. Upon receipt of written notice of the denial, suspension or revocation or the decision by the Chief of
Police, the licensee whose application for a license has been denied or whose license has been suspended or
revoked shall have the right to appeal to the Municipal Court of the City of Cibolo, Texas.
C. An appeal to the Municipal Court of Cibolo must be filed within thirty (30) (lays after the receipt of
notice of the decision of the Chief of Police.
D. The licensee shall bear the burden of proving in court that the decision of the Chief of Police was
improper and unreasonable.
SECTION 4.08 Transfer of License
A. A person commits an offense it he transfers his license to another person or operates an Adult Entertainment
Establishment under the authority of a license at any place other than the address designated in the application.
B. If a written request to transfer a license is filed with the City Clerk within the ten (10) day limit, the City Council
shall consider the request. The City Clerk shall set a date for the hearing within sixty (60) days from the date the written
request is received. If a timely request is so filed, the existing license is deemed not to have expired until the decision
of the City Council on such request.
C. The City Council may grant an exemption from the locational restrictions of Section 3.01, if it makes the
following fundings:
1. That the location of the Adult Entertainment Establishment will not have a detrimental effect
on nearby properties or be contrary to the public safety or welfare;
2. That the location of the Adult Entertainment Establishment will not downgrade the property values or
quality of life in the adjacent areas or encourage the development of urban blight;
3. That the location of the Adult Entertainment Establishment in the areas will not be contrary to any
program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
4. That all other applicable provisions of this Ordinance will be observed.
D. In making the findings specified in Section 4.08 (C), the City Council shalt take into account among
other things:
1. Crime statistics of the location and its 1,500 -foot radius maintained by the appropriate law enforcement
agency for the previous six (6) mouth period;
2. County Appraisal District appraisals for the location and its 1,500 -foot radius taking into account any
decline or increase in property values;
3. Vacancy rates of residential, commercial, or office space within the surrounding 1,500 -foot radius; and
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4. Any evidence regarding the award or denial of any public or private grants for neighborhood
conservation, urban renewal or restoration for any property located within a 1,500 foot radius.
E. The City Council shall grantor deny the exemption by a majority vote. Failure to reach a majority vote
approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a
preponderance of true evidence. The decision of the City Council is final.
F. If the Council grants the exemption, the exemption is valid for one (1) year from the date of the
Council's action. Upon the expiration of an exemption, the Adult Entertainment Establishment is in violation of the
location restrictions of Section 3.01 until the applicant applies for and receives another exemption.
G. If the Council denies the exemption, the applicant may not reapply for an exemption until at least twelve
(12) months have elapsed since the date of the Council's action.
H. The grant of an exemption does not exempt the applicant from any provisions of this Ordinance other
than the locational restrictions.
ARTICLE V
ADDITIONAL REGULATIONS
SECTION 5.01 Additional ReEurlations for Adult Cabaret
A. A person commits an offense if he employs at an Adult Cabaret a person under the age of eighteen (18) years.
B. An employee of an adult cabaret while appearing in a state of nudity commits an offense if the employee touches
a customer or the clothing of a customer.
C. A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity or
if the customer touches the clothing of the employee.
D. A licensee or employee commits an offense if he permits any customer access to an area of the premises not
visible from the manager station or not visible by a walk-through of the premises without entering a closed area, excluding
restrooms.
SECTION 5.02 Additional Regulations for Escort Agencies
A. A person commits an offense if he employs at an escort agency any person under the age of 18 years.
B. 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 18 years.
SECTION 5.03 Additional Repulations for Nude Model Businesses or Tanning Salons
A. A person commits an offense if he employs at a nude model business any person under the age of 18 years.
B. A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises
of a nude model business. It is a defense of prosecution under this Subsection if the person under 18 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 business premises which can be viewed from the public right -of --way or by persons
outside the premises.
Ordinance No.
Page 13
D. A person commits an offense if he places or permits a bed, sofa, or mattress in any room on the premises of a
nude model business except that a sofa may be placed in a reception room open to the public. Mats, tables or tanning
machines are permissible in a tanning salon.
E. A licensee or employee commits an offense if he permits any customer access to an area of the premises not
visible from the manager's station or not visible by a walk through of the premises without entering a closed area,
excluding restrooms.
F. An employee or a customer of a nude model business or a tanning salon commits an offense if he touches another
individual, either an employee or a customer who is then in a state of nudity or touches the clothing of another individual,
either an employee or a customer who is then in a state of nudity.
SECTION 5.04 Additional Reerdations for Adult Theaters and Adult Motion Picture Theate
A. A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of
nudity in or on the premises of an adult theater or adult motion picture theater.
B. A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the
premises of an adult theater or adult motion picture theater.
C. It is a defense to prosecution under Subsections (A) and (B) of this, Section if the person under 18 years was
in a restroom not open to public view or persons of the opposite sex.
SECTION 5.05 Remilations Pertainine to Exhibition of Sexually Explicit Films or Videos
A. A person who operates or causes to be operated an Adult Entertainment Establishment other than an adult motel,
which exhibits on the premises in a viewing room of less than 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 an Adult Entertainment Establishment license, the application shall be
accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more
manager's stations and the location of all overhead Lighting fixtures and designate any portion of the premises
in which patrons will not be permitted.. A manager's station may not exceed 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 inches. The Chief of Police may waive
the foregoing diagram for renewal applications if the application adopts a diagram that was previously submitted
and certified 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
3. No alteration in the configuration or location of a manager's station may be made without the prior
approval of the Chief of police or his designee.
4. The licensee commits an offense if he permits a manager's station to be unattended by an employee at
any time a customer is present on the premises.
Ordinance No.
Page 14
5. 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 customer is permitted access for any purpose
excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two 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 customer is permitted access for any purpose from at least
one of the manager's stations. The view required in this Subsection must be by direct line of sight from the manager's
station.
6. The licensee commits an offense if he permits access to a customer of any area of the premises that is
not visible from the manager's station for any purposes excluding restrooms.
7. The owners, operator, and any agents and employees present on the premises shall insure 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 customer is present in the premises and to insure that no customer is permitted access to any area
of the premises which has been designated as an area in which customers will not be permitted in the application filed
pursuant to Subsection (1) of this Section.
8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place
to which customers are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor
level.
9. The licensee commits an offense if he permits illumination of any area of the premises to which customers have
access to be less than one (1.0) footcandle as measured at the floor level.
ARTICLE VI
ENFORCEMENT
SECTION 6.01 Violation a Misdeme
Any person, fum, corporation, agent or employee thereof who violates any of the provisions of this Ordinance shall be
guilty of a misdemeanor and upon conviction thereof shall be fined in amount not to exceed Two Thousand Dollars and
No Cents ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.02 Defenses
A. It is a defense to prosecution under Sections 3.01, 4.01, and 5.03 that a person appearing in a state of nudity did so
in a modeling class operated:
1. By a proprietary school licensed by the State of Texas, a college, junior college, or university supported
entirely or partly by taxation;
2. By a private college or university which maintains and operates educational programs in which credits
are transferable to a college, or university supported entirely or partly by taxation; or
3. In a structure:
a. Which has no sign or other advertising visible from the exterior of the structure indicating a
nude person is available for viewing; and
b. Where, in order to participate in a class, a student must enroll in at least three (3) classes in
advance of the class; and
Ordinance No.
Page 15
C. Where no more than one nude model is on the premises at any one time.
B. It is a defense to prosecution under Section 3.01 and 4.01 that said item of descriptive, printed, film or video
material offered for sale or rental:
L Taken as a whole, contains serious literary, artistic, political, or scientific value; and
2. When taken as a whole does not appeal to the prurient interest in sex.
This Ordinance shall become effective upon the date of adoption.
Passed and adopted the ,,RL day of Sg b t '1998. �n
MAYOR
ATTEST: APV�6, yE S ^ CIENCY
CITY CLERK CITY ATTORNEY
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