ORD 1998-31 - Amending Title 21 - Offenses & Misc. Provisions 11-17-1998ORDINANCE NO. 98-31
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING TITLE 21, OFFENSES AND MISCELLANEOUS
PROVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING THE PERMITTING PROCESS FOR
SEXUALLY ORIENTED BUSINESSES; PROVIDING A PENALTY; AND MAKING
OTHER PROVISIONS AND FINDINGS RELATED HERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT:
SECTION 1: Part 21.04, Sexually Oriented Business, of Title 21, Offenses and Miscellaneous Provisions,
is hereby amended as follows as shown on Exhibit "A ".
SECTION 2: Any person, firm or corporation violating any provision of this ordinance or failing to
comply with any requirement of the ordinance will be guilty of a misdemeanor and subject
to a fine of up to two thousand ($2,000.00) dollars upon conviction. Each day during or
upon which a person shall violate or continue violation of any provision of this ordinance
shall constitute a distinct and separate offense. The violation of any provision of the
ordinance or the failure to comply with any requirement of this ordinance shall each
constitute a distinct and separate offense. Texas Local Government Code § 53.001 and §
54.001.
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect any of the remaining
provisions of this ordinance.
SECTION 4: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
SECTION 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The
City Secretary shall publish the caption of this ordinance in the official City newspaper at
least twice within ten (10) days of its passage. Texas Local Government Code § 52.013.
PASSED AND APPROVED this the 17th day of November, 1998.
T E C TY OF HUNTSVI, LE
7 )
William B. Green, Mayor
3T:
Welter, City Secretary
City Attorney
PART 21.04
SEXUALLY ORIENTED BUSINESS
Sections:
21.04.01 Definitions.
21.04.02 Certain businesses and conduct prohibited.
21.04.03 SOB permits -- required.
21.04.04 SOB permits -- applications for SOB permits.
21.04.05 SOB permits - -term of SOB permit; renewal.
21.04.06 SOB permits -- issuance or denial of SOB permit.
21.04.07 SOB permits -- appeals.
21.04.08 SOB permits -- transfer of SOB permit upon change.
21.04.09 SOB permits -- revocation or suspension of SOB permit.
21.04.10 SOB permits - -other permit provisions.
21.04.11 SOB -- exterior portions of SOBs.
21.04.12 SOB -- signage.
21.04.13 SOB -- persons younger than eighteen (18) prohibited from entry; attendant required.
21.04.14 SOB -- access, visibility, lighting, supervision, interior configuration.
21.04.15 SOB - -other operating requirements for SOBs.
21.04.16 SOB -- additional regulations for adult motels.
21.04.17 SOB -- additional regulations for busineses licensed for on- premise consumption of
alcoholic beverages.
21.04.18 Issuance of personal permits.
21.04.19 Personal permits -- appeals related to personal permits only.
21.04.20 Personal permits- -term, transfer, amendment of personal permits.
21.04.21 Personal permits -- display.
21.04.22 Personal permits -- revocation.
21.04.23 Personal permits -- conduct of employees.
21.04.24 In general -- notices.
21.04.25 In general -- offenses.
21.04.26 In general -- penalties.
21.04.27 In general -- authority to file suit.
21.04.28 In general -- judicial review.
21.04.29 Grandfather provision -- requirements for existing SOBs.
21.04.01 Definitions.
As used in this title, the following words and terms shall have the meanings ascribed to them in this part,
unless the context of their usage clearly indicates another meaning:
Achromatic. Colorless, lacking in saturation or hue. Without limitation, grays, tans and light earth tones
shall be included, but white and black and any bold coloration that attracts attention shall be excluded
from the definition of achromatic.
Adult arcade. An establishment that invites or permits the public to use coin - operated, slug- operated or
electronic controlled devices or machines to show images to five (5) or fewer persons per machine at a
time and the images display or depict specified anatomical areas or specified sexual activities. Devices
included by this definition include machines that produce still or motion pictures and include computer
monitors.
Adult bookstore or adult video store. An establishment that as one of its principal business purposes
offers to customers:
books, magazines, films or videotapes (whether for viewing off - premises or on- premises by use of
motion picture machines or other image - producing devices), periodicals, or other printed or
pictorial materials that are intended to provide sexual stimulation or sexual gratification to such
customers, and are characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities, or specified anatomical areas; and/or
2. instruments, devices or paraphernalia that are designed for use in connection with specified sexual
activities, except pharmaceutical supplies licensed by the State Board of Pharmacy.
Adult cabaret. An establishment that as one of its principal business purposes offers to customers live
entertainment that is intended to provide sexual stimulation or sexual gratification to such customers, and
is characterized by an emphasis on matter depicting, describing or relating to specified sexual activities,
or specified anatomical areas.
Adult encounter parlor. An establishment that as one of its principal business purposes provides
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.
Adult lounge. An adult cabaret, as defined above, which is a permitted or licensed premises, pursuant to
the Texas Alcoholic Beverage Code, where alcoholic beverages may be served or sold.
Adult modeling studio. An establishment that as one of its principal business purposes provides 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 specified sexual activities or display specified
anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
Adult motel. A hotel, motel or similar commercial establishment that:
offers accommodations to the public for any form of consideration and provides customers with
closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other
reproductions that are characterized by the depiction or description of specified anatomical areas or
specified sexual activities; and
2. offers a sleeping room for rent for a period of time that is less than ten (10) hours or allows a tenant
or occupant of a sleeping room to sub -rent the room for a period of time that is less than ten hours.
Adult movie theater. An establishment, containing a room with tiers or rows of seats facing a screen, or
projection area, that as one of its principal business purposes exhibits to customers of motion pictures
that are intended to provide sexual stimulation or sexual gratification to such customers and are
characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or
specified anatomical areas.
Adult theater. An establishment containing a theater, concert hall, auditorium or similar feature that
regularly features persons who appear in a state of nudity or live performances that are characterized by
exposure of specified anatomical areas or by specified sexual activities.
Cemetery. A place that is dedicated to and that is used or intended to be used for interment and includes
a graveyard, burial park, or mausoleum.
Child care center. A facility licensed by the State of Texas, whether in the city or not, that provides care,
training, education, custody, treatment or supervision for more than twelve (12) 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.
Church. A building, whether in the city or not, in which persons regularly assemble for religious
worship intended primarily for purposes connected with such worship or for propagating a secular form
of religious belief, including a mortuary.
City manager. The city manager of the City of Huntsville or the person designated by the city manager.
Commercial multi -unit center. A building or structure (including a shopping mall or strip shopping
center) containing three (3) or more separate premises, each of which is offered by lease or otherwise for
separate occupancy or control and each of which occupies an enclosed area having its own door or
entranceway opening onto public property, a public way, or a common area.
Conduct any business. Any person who does any one (1) or more of the following shall be deemed to be
conducting business in a SOB.
1. Operates a cash register, cash drawer or other depository on the premises of the SOB where cash
funds or records of credit card or other credit transactions generated in any manner by the operation
of the SOB or the activities of the premises of the SOB;
2. Displays or takes orders from any customer for any merchandise, goods, entertainment or other
services offered on the premises of the SOB;
3. Delivers or provides to any customer any merchandise, good, entertainment or other services
offered on the premises of the SOB;
4. Acts as a door attendant to regulate entry of customers or other persons into the premises of the
SOB; or
5. Supervises or manages other persons in the performance of any of the foregoing activities on the
premises of the SOB.
Customer. Any individual who:
Is allowed to enter a SOB in return for the payment of an admission fee or any other form of
consideration or gratuity;
2. Enters a SOB and purchases, rents or otherwise partakes of any merchandise, goods, entertainment
or other services offered therein; or
Is a member of and on the premises of a SOB operating as a private club.
Display surface. The entire surface of a sign, on one (1) side, devoted to exhibiting advertising. The
display surface shall not include the sign frame and incidental supports thereto.
Dwelling. A house, duplex, apartment, townhouse, condominium, mobile home or any other structure
used for residential purposes, but not including a prison facility.
Employee. Any individual who renders any service whatever to the customers of a SOB, works in or
about a SOB or who conducts any business in a SOB and who receives or has the expectation of
receiving any compensation from the operator, or customers of the SOB. By way of example, rather than
limitation, the term includes the operator and other management personnel, clerks, dancers, models and
other entertainers, food and beverage preparation and service personnel, door persons, bouncers, and
cashiers. It is expressly intended that this definition cover not only conventional employer - employee
relationships, but any other scheme or system whereby the "employee" has an expectation of receiving
compensation, tips, or other benefits from the SOB or its customers in exchange for services performed.
Entertainer. Any employee of a SOB who performs or engages in entertainment
Entertainment. Any act or performance, such as a play, skit, reading, revue, pantomime, scene, song,
dance, musical rendition or striptease, whether performed by employees, agents, contractors, or
customers. The term "entertainment" shall also mean bartenders, waiters, waitresses, or other employees
exposing specified anatomical areas or engaging in specified sexual activities in the presence of one or
more customers.
Escort. A individual who, for consideration, agrees or offers to act as a companion, guide, or date for
another individual, or who agrees or offers to privately model lingerie or privately perform a striptease
for another individual.
Escort agency. A person or business that furnishes, offers to furnish, or advertises to furnish, escorts as
one of its primary business purposes for a fee, tip or other consideration.
Exterior portion. Any section of the physical structure of a SOB, including a wall, veneer, door, fence,
roof, roof covering, or window, which is visible from any public way or public property.
Hospital. A building used to provide inpatient medical care for the aged, convalescent, sick or injured
and licensed under the Texas Hospital Licensing Law, Chapter 241 or Chapter 242 of the Texas Health
and Safety Code, or operated by an agency of the federal government.
Individual. A natural person.
al
Manager. Any individual who supervises, directs or manages any employee of a SOB or any other
person who conducts any business in a SOB with respect to any activity conducted on the premises of the
SOB, including any "on -site manager."
Multifamily tract. Any residential tract that contains any building or buildings or portion or portions
thereof, that is designed, built, rented, leased, sold, let out or hired out to be occupied, or which is
occupied, in separate units, each containing living, sleeping and food preparation facilities, as the homes
or residences of three (3) or more families, groups, or individuals living independently of each other.
Nudity. A state of undress that fails to opaquely cover a human buttock, anus, male genitalia, female
genitalia or areola of a female breast.
On -site manager. A individual charged by an owner or operator of a SOB with the responsibility for
direct supervision of the operation of the SOB and with monitoring and observing all areas of the SOB to
which customers are admitted at all times during which the SOB is open for business or customers are on
the premises of the SOB.
Operator. The manager or other individual principally in charge of a SOB.
Owner or owners. The proprietor if a sole proprietorship, all general partners if a partnership, or the
corporation and all officers, directors, and persons holding fifty percent (50 %) or more of the outstanding
shares if a corporation.
Permit. A current, valid permit issued by the police chief pursuant to the terms of this part. Permits are
of two classes: SOB permits for the business locations and personal permits for the persons entertaining
or managing the SOBS.
Police chief. The police chief of the City of Huntsville or the person designated by the police chief.
Public park. A publicly owned or leased tract of land, whether in the city or not, designated, dedicated,
controlled, maintained and operated for use by the public for active or passive recreational or leisure
purposes by the city or any political subdivision of the state and containing improvements, pathways,
access or facilities intended for public recreational use. The term "public park" shall not include
parkways, public roads, rights -of -way, esplanades, traffic circles, easements or traffic triangles unless
such tracts or areas contain and provide improvements or access to a recreational or leisure use by the
public. The Director of Public Works shall compile and maintain a list of public parks for public
inspection in the office of the City Engineer.
Residential. Pertaining to the use of land, whether in the city or not, for premises such as homes,
townhouses, patio homes, manufactured homes, duplexes, condominiums, boarding houses, dormitories,
and apartment complexes, which contain habitable rooms for non - transient occupancy and are designed
primarily for living, sleeping, cooking, and eating therein. A premises that is designed primarily for
living, sleeping, cooking and eating therein shall be deemed to be residential in character unless it is
actually occupied and used exclusively for other purposes. Hotels, motels, hospitals, and prisons shall
not be considered residential. The term "residential" shall also include any tract that, based on the
records of the planning official, has been subdivided or platted for residential use whether or not the
property has been improved.
Separate area. Any portion of the interior of a SOB separated from any other portion of a SOB by any
r,� 0?1
wall, partition or other divider.
Sexually oriented business (SOB). Any business subject to regulation under chapter 243 of the Texas
Local Government Code, including, but not limited to, an adult arcade, adult bookstore, adult cabaret,
adult encounter parlor, adult lounge, adult modeling studio, adult mini - theater, adult movie theater, adult
theater, or any establishment whose primary 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. The term "sexually
oriented business" shall not be construed to include:
1. Any business operated by or employing licensed psychologists, licensed physical therapists,
licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions
authorized under the licenses held;
2. Any business operated by or employing licensed physicians or licensed chiropractors engaged in
practicing the healing arts; or
Any retail establishment whose major business is the offering of wearing apparel for sale to
customers.
School. A building, whether in the city or not, where persons regularly assemble for instruction or
education, with playgrounds, stadia and other structures or grounds used with it for the primary purpose
of instruction or education, including primary and secondary schools, colleges and universities, both
public and private.
Specified anatomical areas.
1. Less than completely and opaquely covered:
a. Human genitals, pubic region or pubic hair;
b. Buttock;
C. Female breast or breasts or any portion thereof that is situated below a point immediately
above the top of the areola;
d. Any combination of the foregoing; or,
2. Human male genitals in a discernibly erect state, even if completely and opaquely covered.
Specified sexual activities.
Human genitals in a discernible state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female
breast or breasts; or
4. Any combination of the foregoing.
0�3
Total nudity. A individual whose entire pubic region, genitals or anus is not opaquely covered.
Tract. A parcel of land under common ownership, whether inside the city or not.
21.04.02 Certain businesses and conduct prohibited.
A. A person commits an offense if the person intentionally or knowingly operates or conducts any
business in the City of Huntsville, Texas in an adult encounter parlor, escort, escort agency, or adult
modeling studio.
B. A person commits an offense if the person intentionally or knowingly operates or conducts any
SOB in the City of Huntsville whose employees appear in a state of total nudity.
21.04.03 SOB permits -- required.
A. A person commits an offense if the person intentionally or knowingly owns, operates or conducts
any business in a SOB located within the city unless there is a SOB permit for the SOB.
B. A person commits an offense if the person intentionally or knowingly owns, operates, or conducts
any business in a SOB located within the city unless the SOB permit is posted at or near the main
public entrance to the SOB so that it will be conspicuous to customers who enter the premises.
C. A person commits an offense if the person intentionally or knowingly acts as an entertainer or a
manager of or in a SOB without a personal permit.
D. A person commits an offense if the person intentionally or knowingly employs, engages or permits
another person to act as an entertainer or manager of or in a SOB unless that person holds a personal
permit.
E. In any prosecution under subsection A above, it shall be presumed that there was no permit at the
time of the alleged offense, unless the SOB permit was then posted as provided in subsection B.
21.04.04 SOB permits -- applications for SOB permits.
A. Applicants for a SOB permit, whether original or renewal, must be made to the police chief by the
intended operator of the SOB. Applications must be submitted by hand delivery by the intended
operator during regular working hours (8:00 a.m. to 5:00 p.m., Monday through Friday, city
holidays excepted). Application forms shall be approved by the police chief. The intended operator
shall be required to give the following information on the application form:
La. The name, street address (and mailing address if different) and Texas driver's license number
of the intended operator;
Lb. The name and street address (and mailing address if different) of the owner(s);
2. The name under which the SOB is to be operated and a general description of the services to
be provided;
The telephone number of the SOB;
,4
4. The address, and legal description of the tract of land on which the SOB is to be located;
5. A drawing or plan showing the interior configuration of the SOB, including public areas,
restrooms, and restricted access areas.
6. If the SOB is in operation, the date on which the owner(s) acquired the SOB for which they
seek the permit, and the date on which the SOB began operations as a SOB at the location for
which they seek the permit; and
If the SOB is not in operation, the expected startup date (which shall be expressed in number
of days from the date of issuance of the permit). If the expected startup date is to be more than
ten (10) days following the date of issuance of the permit, then a detailed explanation of the
construction, repair or remodeling work or other cause of the expected delay and a statement of
the owner's time schedule and plan for accomplishing the same.
B. The application shall be accompanied by the following:
1. Payment in full of a fee of
Four hundred dollars ($400.00) for an original application; or
b. Two hundred dollars ($200.00) for a renewal application, as applicable, by certified check,
cashier's check or money order, which fee shall not be refundable under any circumstances;
2. A certified copy of the assumed name certificate filed according to the Assumed Business or
Professional Name Act (Texas Business and Commerce Code, Chapter 36) if the SOB is to be
operated under an assumed name;
If the SOB is a Texas corporation, a certified copy of the articles of incorporation, together
with all amendments thereto;
4. If the SOB is a foreign corporation, a certified copy of the certificate of authority to transact
business in this state, with all amendments thereto;
5. If the SOB is a limited partnership formed under the laws of Texas, a certified copy of the
certificate of limited partnership, with all amendments thereto, filed in the office of the
Secretary of State under the Texas Revised Limited Partnership Act (Article 6132a -1 Texas
Revised Civil Statutes);
6. If the SOB is a foreign limited partnership, a certified copy of the certificate of limited
partnership and the qualification documents, with all amendments thereto, filed in the office of
the Secretary of State under the Texas Revised Limited Partnership Act (Article 6132a -1 Texas
Revised Civil Statutes);
7. Proof of the current fee ownership of the tract of land on which the SOB is to be situated in the
form of a copy of the recorded deed;
8. If the person identified as the fee owner(s) of the tract of land in item 7 are not also the owners
of the SOB, then the lease, purchase contract, purchase option contract, lease option contract or
other document(s) evidencing the legally enforceable right of the owners or proposed owners
of the SOB to have or obtain the use and possession of the tract or portion thereof that is to be
used for the SOB for the purpose of the operation of the SOB;
Any of items 2 through 8, above, shall not be required for a renewal application if the applicant
states that the documents previously furnished the police chief with the original application or
previous renewals thereof remain correct and current.
C. The application shall contain a statement under oath that:
The applicant has personal knowledge of the information contained in the application and that
the information contained therein and furnished therewith is true and correct; and,
2. The applicant has read the provisions of this part.
D. A separate application and permit shall be required for each SOB.
E. Each applicant shall, following the filing of the application and payment of the filing fee, place
signs (at least 24 inches x 36 inches in size) that provide notification and information specifically
stating "SEXUALLY ORIENTED BUSINESS PERMIT APPLICATION PENDING" and the date
on which the application was filed along with the notation: "For further information, contact the
Huntsville Police Chief." All lettering on the signs must be at least 1 and '/2 inches x 2 inches in
size for each letter on the sign. Each applicant shall post for each particular application at least one
such sign along each three hundred (300) feet of the property's public road or highway frontages to
be clearly visible from the public road or highway. If a property does not have a public road or
highway frontage, then signs shall be placed upon the property at a point visible from the nearest
public right -of -way. The applicant shall post the signs within three (3) days after the filing of the
application for the SOB permit and shall check the signs daily and repost as required to ensure that
the signs remain posted until the police chief approves or denies the application.
F. Every applicant shall give notice of the application by publication at the applicant's own expense in
two consecutive issues of the City's official newspaper. The notice shall be printed in 10 -point
boldface type and shall include: (1) the fact that they have applied for a SOB permit; (2) the street
address, including suite or unit number, if any, of the place of business for which they seek a
permit; (3) the names of the business and, if they operate the business under an assumed name, the
trade name; and (4) if the applicant is a corporation, the names and titles of all officers. They shall
publish the notices within seven (7) days after they file the application with the police chief.
G. The police chief shall cause to be prepared and transmitted to the city manager, mayor and the city
council a regular report summarizing all applications submitted under this part, and including the
name of the proposed SOB and the street address of the proposed location.
21.04.05 SOB permits- -term of SOB permit; renewal.
Each SOB permit shall be valid for a period of one (1) year and shall expire on the anniversary of its date
of issuance, unless sooner revoked, or surrendered. Each SOB permit shall be subject to renewal as of its
expiration date by the filing of a renewal application with the police chief. Renewal applications must be
filed at least thirty (30) days before the expiration date of the SOB permit that is to be renewed.
��
21.04.06 SOB permits -- issuance or denial of SOB permit.
A. Within thirty (30) days of receipt of any application, either original or renewal, the police chief
manager shall grant or deny the requested permit and give written notice to the applicant as to the
decision, unless the police chief extends the time period at the request of the applicant as provided
in subsection D, below.
B. The police chief shall issue a permit to the applicant unless one (1) or more of the following
conditions exist:
The applicant's SOB is located within one thousand five hundred (1,500) feet of any cemetery,
child care center, church, hospital, neighborhood conservation zone, public park, or school.
Measurements shall be made in a straight line, without regard to intervening structures or
objects, from the nearest point on the property line of the applicant's SOB to the nearest point
on the property line of such other use;
2. The applicant's SOB is located within seven hundred fifty (750) feet of any other SOB for
which there is a permit. Measurements shall be made in a straight line, without regard to
intervening structures or objects, from the nearest point on the property line of the applicant's
SOB to the nearest point on the property line of any other SOB;
3. Seventy -five (75) percent or more of the tracts within a circular area, as described herein, are
residential in character. The radius of such circular area shall be one thousand five hundred
(1,500) feet, and the center of such circular area shall correspond to the midpoint of a line
joining the two most distant points on the boundary of the tract on which the SOB is located;
multifamily tracts shall be counted as multiple residential tracts based upon the tax records
acreage of the multifamily tract according to the following formula: each one - eighth (1 /8th)
acre of land or fraction thereof shall be equivalent to one (1) residential tract. For purposes of
this calculation a residential tract or multifamily tract shall be considered to be in the circular
area in its entirety if any portion of it lies within the circular area;
4. The applicant's SOB is located within five hundred (500) feet of any dwelling. Measurements
shall be made in a straight line, without regard to intervening structures or objects, from the
nearest point on the property line of the applicant's SOB to the nearest point on the property
line of such other use;
The applicant's SOB is located within five hundred (500) feet of the 11145 right of way;
6. The applicant failed to supply all of the information requested on the application;
7. The applicant gave materially false, fraudulent or untruthful information on the application;
The applicant's SOB does not meet section 21.04.11 and section 21.04.12 of this part (the
police chief may allow any noncompliance with section 21.04. 11 or section 21.04.12 to be
cured during the police chief s review period established in subsection D, below, if they must
cure it before the notice of decision on the permit is issued);
9. The application or the SOB does not meet any other requirement of this part;
10. The operator has had a permit revoked for the same SOB within the one hundred eighty (180)
day period next preceding the date that they filed the application;
11. The applicant has not shown that the owner of the SOB owns or holds a lease for the property
or the applicable portion of it upon which the SOB will be situated or has a legally enforceable
right to acquire the same;
12. The applicant, or if the applicant is a corporation, partnership, or other business entity, any
officer, director, partner, or participant required to be identified in the application, was
convicted of any of the crimes listed below and less than two years have elapsed since the date
of misdemeanor conviction or the date of release from confinement imposed for the
conviction, whichever is later, or less than five years have elapsed since the date of any felony
conviction or the date of release from confinement for the conviction, whichever is later:
a. Any of the following offenses as described in chapter 43 of the Texas Penal Code:
i. Prostitution;
ii. Promotion of prostitution;
iii. Aggravated promotion of prostitution;
iv. Compelling prostitution;
v. Obscenity;
vi. Sale, distribution or display of harmful material to a minor;
vii. Sexual performance by a child;
viii. Employment harmful to children; or
ix. Possession or promotion of child pornography;
b. Any of the following offenses as described in chapter 21 of the Texas Penal Code:
i. Public lewdness;
ii. Indecent exposure; or
iii. Indecency with a child;
C. Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal
Code;
d. Harboring a runaway child as described in chapter 25 of the Texas Penal Code;
Criminal attempt, conspiracy or solicitation to commit any of the above offenses; or
f. Any violation of this chapter.
(The above listed offenses shall be grounds for the denial, revocation or refusal for renewal of a
permit under 21.04.09 of this part because persons who hold that permit are employed by SOBs
where there is a high degree of opportunity for unlawful sexual conduct or the solicitation thereof,
lewd conduct, obscenity offenses, and conduct harmful to minors. Therefore, the enumerated
offenses are directly related to the duties and responsibilities authorized by the subject permit.
There is a serious need to protect members of the public and fellow employees of SOBS from
persons who have the foregoing criminal histories.)
13. The applicant's SOB does not meet other development and zoning standards of the city.
C. The police chief shall determine property uses and distances for original applications as of the time
that they file the application. If a renewal application is timely filed as provided in section 21.04.05
of this part, the property uses and measurements for the renewal application shall be determined as
of the time that they filed the original application for the SOB. If not timely filed, renewal
applications shall be subject to the same fees and shall be treated in the same manner in all respects
as original applications.
D. If the police chief determines that an applicant is not eligible for a permit, the police chief shall give
notice to the applicant in writing of the reasons for the denial, provided that the applicant may
request, in writing, that such period be extended for an additional period of not more than ten (10)
days at any time before the notice is issued to make modifications necessary to comply with section
21.04.11 or 21.04.12 of this part.
21.04.07 SOB permits -- appeals.
A. An applicant may appeal the decision of the police chief regarding such denial by filing a written
request for a hearing with the police chief within twenty (20) days after the police chief gives the
applicant notice of such denial. The police chief's decision on the application shall be final unless
the applicant files a timely appeal. An appeal shall not stay the police chief's decision on the
issuance of a permit. The applicant's written request for a hearing shall set out the grounds on
which they challenge the denial. The city manager shall conduct the hearing. Hearings shall be
conducted under rules issued by the city manager, which shall be consistent with the nature of the
proceedings and shall ensure that each party may present evidence, cross - examine witnesses and be
represented by legal counsel.
B. The city manager shall conduct the hearing within twenty (20) days after receipt of the applicant's
written request for a hearing unless the applicant requests an extension in writing. The city manager
shall render a written decision and issue notice thereof to the applicant within five (5) days after the
conclusion of the hearing. The written decision of the city manager shall be final subject to the
provisions of section 21.04.07 of this part.
C. Failure of the police chief to give timely notice of the action on an application shall entitle the
applicant to the issuance of a temporary permit upon written demand therefor filed by the applicant
with the police chief unless the delay resulted from a written request for a delay or deferral by the
applicant. Such temporary permit shall only be valid until the third (3rd) day after the police chief
gives notice of the action on the application or the police chief gives notice of the decision on the
appeal, as applicable.
D. In any instance in which the applicant's establishment is to be situated within seven hundred fifty (750)
feet, as measured hereunder, from another proposed establishment for which a previously filed permit
application has been denied, and the previously filed application is still subject to appeals, the police
chief may grant the permit on a conditional basis, subject to the outcome of the appeals on the previous
application. A permit so issued may be withdrawn and denied effective upon the third (3rd) day after
notice thereof is given to the operator following the resolution of the appeals on the prior permit. In
case of denial, the applicant shall have the same rights of appeal hereunder as if the permit had been
denied in the first instance.
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E. The provisions of 21.04.06 of this part, above, shall not be construed to prohibit a SOB for which
there is a permit from relocating to another location situated within seven hundred fifty (750) feet of
its existing location, if the proposed location complies with all applicable requirements of this part
other than its proximity to its own existing SOB location. An original permit application shall be
required to be filed for the proposed relocation, and the police chief shall conditionally grant the
application, if granted, on the stipulation that the permit will not actually be issued until the
applicant discontinues operation at its existing location and surrenders the permit for its existing
location. Any such relocation must be completed within one hundred eighty (180) days from the
date that the permit is conditionally granted or the conditional grant of the application will become
void. Pending the removal of the SOB to its new location, both the old and new locations shall be
deemed to be operating under a permit for purpose of measurements to locations of other proposed
SOBS for which applications may be filed.
21.04.08 SOB permits -- transfer of SOB permit upon change.
A. A permit is personal to the owner(s) and the operator designated in the application holds the permit
on the owner(s)' behalf as the owner(s)' agent, provided it may be transferred pursuant to this
section. A transfer application must be filed by the tenth (10th) day next following any change of
the owner(s) or operator designated on the application. If a transfer application is not timely filed,
then the permit shall be invalid for any purpose relating to the operation of the SOB, and any
transfer shall require the filing of an original permit application and be subject to the regulations
applicable thereto. For purposes of measurements between SOBs under section 21.04.06 of this
part, an establishment for which the permit has become invalid by operation of this section shall be
treated as though it had a permit until the permit is revoked pursuant to section 21.04.09 of this part.
B. The police chief shall prescribe a form on which permit transfer applications shall be made. The
form shall include a statement under oath that the original application remains correct as previously
submitted in all respects except those amended hereby. The transfer application shall contain a
statement under oath that the individual signing the transfer application has personal knowledge of
the information contained therein and that the information is true and correct and shall not be
complete unless accompanied by a non - refundable transfer fee of one hundred dollars ($100.00).
Transfer applications shall be filed in the same place and at the same time as original applications
and the fee shall be payable in the same manner as for original applications, as provided in section
21.04.04 of this part.
C. Transfers shall be reviewed, issued and subject to appeal in the same manner as original
applications, pursuant to section 21.04.06 of this part, except that 21.04.05 shall not apply, and they
shall be issued for the remaining term of the permit to be transferred.
D. No change in ownership of a SOB or transfer of a permit for a SOB shall be allowed during the
pendency of any administrative proceeding under section 21.04.07 of this part, from the time that
any request for revocation or suspension has been filed with the police chief until the police chief's
order is final. Any such transfer or attempted transfer shall confer no rights whatever in the permit
for the SOB to the putative transferee.
21.04.09 SOB permits -- revocation or suspension of SOB permit.
A. The police chief shall have the authority to revoke a permit for any one (1) or more of the following
reasons:
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1. The owner or operator of the permitted SOB knowingly allowed a person under eighteen (18)
years of age to enter a SOB;
2. The permitted SOB does not conform to the provisions of section 21.04.11 and section
21.04.12 of this part;
3. Three (3) or more cumulative violations of any of the offenses contained in Chapter 21,
Section 22.011, Section 22.021, or Chapter 43 of the Texas Penal Code, or of the offenses
contained in this part have occurred on the premises of the permitted SOB. These violations
must have occurred in a consecutive period of twelve (12) months, and the owner, operator or
any manager licensed under this part (I) knowingly allowed such violations to occur; (ii) did
not make a reasonable effort to prevent the occurrence of such violations; or (iii) should have
known that such violations were occurring or did occur;
4. The operator of the permitted SOB gave materially false, fraudulent or untruthful information
on the original, renewal or transfer application form;
5. The SOB has not been open for business for a period of thirty (30) consecutive days, unless
due to circumstances beyond the control of the owner, and the owner is proceeding with due
diligence, given all attendant circumstances, to open or reopen the establishment;
6. That there was a change of owner or operator for which a transfer application was not timely
filed pursuant to section 21.04.08 of this part; or
7. That the permit was erroneously issued in contravention of the criteria of this part.
B. Before revocation of a permit, the police chief shall investigate the grounds alleged to decide
whether probable cause for revocation may exist and, if so, shall notify the owner(s) and operator in
writing of reasons for the proposed revocation and grant such owner(s) and operator the opportunity
to appear before the city manager in accordance with the procedures set forth under section
21.04.07 of this part, at a time and place specified within such notice. Such hearing shall be held
not less than twenty (20) days after the notice is given. Such rules will be consistent with the nature
of the proceedings and will ensure that each party may present evidence, cross- examine witnesses
and be represented by legal counsel. If, after the hearing, the city manager finds that the permit
should be revoked, then the city manager shall issue a written order revoking such permit which
shall be effective as provided in section 21 .04.07 of this part. If the city manager determines, based
upon the nature of the violation, that the ends of justice would be served by a suspension instead of
a revocation, the city manager may suspend the operation of the permit for a period of time to be
stated in the order of suspension, not to exceed two (2) months; however, a suspension may not be
ordered if the grounds are based upon item 6 or 7 of subsection A, above.
C. A SOB shall be treated as having a permit for purposes of measurements under section 21.04.06 of
this part, pending the final disposition of any court action involving judicial review of a permit
revocation. An establishment holding a suspended permit shall be treated as having a permit for the
purpose of measurements made under section 21.04.06 of this part.
21.04.10 SOB permits- -other permit provisions.
A. A permit is valid only at the location for which it is issued.
B. It shall be unlawful for any person to counterfeit, forge, change, deface, or alter a permit.
C. A permit may be canceled upon written request of the owner(s) or operator and surrender of the
permit itself to the police chief. Permits shall be surrendered at the same place and at the same time
as provided in section 21.04.04 of this part. The surrender of a permit shall be effective upon its
filing in the office of the police chief.
21.04.11 SOB -- exterior portions of SOBS.
A. It shall be unlawful for an owner or operator of a SOB to allow the merchandise or activities of the
SOB to be visible from any point outside such SOB.
B. It shall be unlawful for the owner or operator of a SOB to allow the exterior portions of the SOB to
have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial
representations of any manner except to the extent permitted by the provisions of this part.
C. It shall be unlawful for the owner or operator of a SOB to allow exterior portions of the SOB to be
painted any color other than a single achromatic color. This provision shall not apply to a SOB if
the following conditions are met:
The SOB is a section of a commercial multi -unit center; and
2. The exterior portions of each individual unit in the commercial multi -unit center, including the
exterior portions of the SOB, are painted the same color as one another or are painted in such a
way so as to be a component of the overall architectural style or pattern of the commercial
multi -unit center.
D. Nothing in this part shall be construed to require the painting of an otherwise unpainted exterior
portion of a SOB.
21.04.12 SOB -- signage.
A. Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for
the owner or operator of any SOB or any other person to erect, construct, or maintain any sign for the
SOB other than one (1) primary sign and one (1) secondary sign, as provided herein.
B. Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
Not exceed seventy -five (75) square feet in area; and
4. Not exceed ten (10) feet in height or ten (10) feet in length.
C. Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any
manner, and may contain only:
The name of the SOB; and/or
2. One (1) or more of the following phrases:
a. "Adult bookstore ";
b. "Adult movie theater ";
C. "Adult cabaret ";
d. "Adult lounge ";
e. "Adult novelties ";
f. "Adult entertainment ".
Primary signs for adult movie theaters may contain the additional phrase, "Movie Titles Posted
on Premises."
D. Each letter forming a word on a primary sign shall be of a solid color, and each such letter shall be the
same print -type, size and color. The background behind such lettering on the display surface of a
primary sign shall be of a uniform and solid color.
E. Secondary signs shall have only one (1) display surface. Such display surface shall:
Be a flat plane, rectangular in shape;
2. Not exceed twenty (20) square feet in area;
3. Not exceed five (5) feet in height and four (4) feet in width; and
4. Be affixed or attached to any wall or door of the SOB.
F. The provisions of item 1 of subsection B, and subsections C and D shall also apply to secondary signs.
G. Any sign located on the premises of a commercial multi -unit center containing a SOB that displays the
name, or any portion of the name of the SOB, any name under which any SOB was formerly operated
on the premises, or that contains any of the terms set forth in item 2 of subsection C or any other
terminology that is commonly used to identify, or is associated with the presence of a SOB, shall
comply with all restrictions of this part. The intent of this section is to prevent the use of signage
identifying the commercial multi- tenant center itself from being used as a subterfuge to evade the
restrictions on SOB signs set forth in this part.
21.04.13 SOB -- persons younger than eighteen (18) prohibited from entry; attendant required.
A. It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be
on the premises of a SOB at any time that the SOB is open for business.
B. It shall be the duty of the operator of each SOB to ensure than an attendant is stationed at each
public entrance to the SOB at all times during such SOB's regular business hours. It shall be the
duty of the attendant to not allow any person under the age of eighteen (18) years to enter the SOB.
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It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such
attendant asked for and was furnished:
A valid operator's, commercial operator's, or chauffeur's driver's license; or
A valid personal identification certificate issued by the Texas Department of Public Safety
reflecting that such person is eighteen (18) years of age or older.
C. It is a defense to prosecution under this section that the person was seventeen and accompanied by
an adult parent, guardian or spouse.
21.04.14 SOB -- access, visibility, lighting, supervision, interior configuration.
A. Terms in this section shall be governed by the definitions in section 21.04.01 of this part.
B.1. Excepting only adult motels:
a. the interior of every SOB 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 a patron is permitted
access for any purpose, excluding only restrooms. The view must be by direct line of sight,
not electronic surveillance equipment;
b. no bed, sofa or mattress shall be allowed on the premises in any area to which the public has
access.
B.2. It shall be unlawful for any owner, operator or manager of any SOB to permit any employee
to provide any entertainment to any customer in any separate area within a SOB to which entry or
access is blocked or obscured by any door, curtain or other barrier, regardless of whether entry to
such separate area is by invitation, admission fee, club membership fee or any form of gratuity or
consideration.
C. It shall be the duty of any owner, operator or manager of a SOB to allow immediate access by any
police officer, city fire department official or health officer to any portion of the premises of the
SOB upon request for purpose of inspection of such premises for compliance with this part, or any
other applicable law.
D. Each SOB shall be equipped with lighting fixtures of sufficient intensity to illuminate every place to
which customers are permitted access at an illumination of not less than ten (10.0) foot candles as
measured at four (4) feet above floor level.
E. It shall be the duty of any owner, operator or manager of a SOB to ensure that at least one on -site
manager is on duty on the premises at all times during which the SOB is open for business or during
which customers are on the premises.
F. It will be the duty of any owner, operator or manager of a SOB to ensure that all persons acting as
managers or entertainers on the premises hold and display personal permits under this part, and that
entertainers comply with section 21.04.23 of this part.
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G. It shall be the duty of the on -site manager to ensure that no entertainer or manager is allowed or
suffered to conduct any business on the premises of a SOB unless the on -site manager thereof has
possession or control an on -site card, as referenced in section 21.04.21 of this part for the manager
or entertainer. On -site cards shall be made available for immediate inspection by any police officer,
fire department official or health officer. Managers or entertainers working at more than one SOB
may retrieve their on -site cards upon departing the premises in order to present them to a manager
at any other SOB where such persons are employed to hold while the manager or entertainer
remains on those premises.
H. It shall be the duty of any owner, operator or manager to maintain a complete list of all persons,
including names and addresses, who conduct any business on the premises and are required to
obtain a permit under section 21.04.18 of this part.
I. It shall be unlawful for any owner, operator or manager to alter the interior configuration of the
SOB without prior city approval.
21.04.15 SOB - -other operating requirements for SOBs.
A. A person commits an offense if the person, while an employee, owner or SOB operator of an SOB,
the person negligently allows any person below the age of eighteen (18) to remain upon the
premises or within the confines of the SOB.
B. A person commits an offense if the person appears at a SOB totally nude except in a private room at
an adult motel or in a designated dressing room not visible or accessible to customers.
C. A person commits an offense if the person engages in sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation or any other public sexual acts prohibited by law, or
simulates such acts, at or in a permitted SOB.
21.04.16 SOB -- additional regulations for adult 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 less than ten (10) hours creates a rebuttable presumption that
the establishment is an adult motel that is a SOB under these regulations if the motel also provides
customers with closed- circuit television transmissions, films, motion pictures, video cassettes,
slides or other reproductions that are characterized by the depiction or specified activities or
specified anatomical areas.
B. An adult motel permitted pursuant to these regulations may have a resident on site manager living
on -site. This shall not be considered a dwelling under the distance requirements above, but no
individuals under the age of eighteen (18) may live on the site.
21.04.17 SOB -- additional regulations for busineses licensed for on- premise consumption of
alcoholic beverages.
A. A person commits an offense if, while an employee, owner, or SOB operator of a SOB, that is
licensed by the State of Texas to sell alcoholic beverages for on- premise consumption, the person
negligently allows any person to dance nude or topless upon the premises or within the confines of a
SOB.
B. A person commits an offense if, while an employee, owner, or operator of an enterprise licensed by
the State of Texas to sell alcoholic beverages for on- premise consumption, the person dances nude
or topless upon the premises or within the confines of the SOB.
21.04.18 Issuance of personal permits.
A. Any individual who wants to obtain an original or renewal personal permit shall apply to the police
chief in person at the offices of the police chief between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, city observed holidays excepted. The application shall be made under oath
upon a form prescribed by the police chief and shall include:
The name, home street address and mailing address (if different) of the applicant;
2. Proof of the date of birth of the applicant and the identity of the applicant, including at least
one photographic identity card issued by a governmental agency;
3. A list of any criminal charges pending, convictions, and time of service in jail or prison as
related to any applicable offense that is specified in section 21.04.06 of this part; and
4. Two passport-type photographs of the applicant of a size specified by the police chief, which
shall become part of the photographic identity cards if a permit is issued.
B. Each application shall be accompanied by a non - refundable processing fee of thirty dollars
($30.00). Each applicant shall be required to provide fingerprints to be used to verify the
applicant's identity and criminal history information. Each applicant shall sign a waiver and
authorization form authorizing the police chief to request on behalf of the applicant criminal history
reports from the Texas Department of Public Safety and any appropriate federal agency.
C. The police chief shall issue the permit within ten (10) days from the date of filing of the application
unless the police chief finds that the applicant has been convicted of or spent time in jail or prison
for an offense specified in section 21.04.06 of this part, above. If the application is not granted,
then the applicant shall be mailed notice of the grounds and of their right to provide evidence and
request a hearing as provided by section 21.04.19 of this part, within ten (10) days from the date of
filing of the application.
D. Each permit issued by the police chief shall consist of two (2) photographic identification cards: a
personal card and an on -site card.
21.04.19 Personal permits -- appeals related to personal permits only.
A. Any applicant whose application is denied and who requests a hearing on the denial shall be granted
a hearing within ten (10) days following the receipt of the request by the police chief. The hearing
shall be conducted as provided in section 21.04.07 of this part. If the city manager rules against the
applicant, then the city manager will give the applicant notice of the right to seek an injunction or
judicial review of the decision as provided in section 21.04.27 of this part and applicable laws,
including article 6252 -13d of the Texas Revised Civil Statutes.
B. If the police chief fails to issue or deny a permit application within the time specified in section
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21.04.07 of this part, or to provide a hearing within the time specified in section 21.04.06 of this
part, then the applicant shall, upon written request, be immediately issued a temporary permit which
shall be valid until the third (3rd) day after the applicant is given notice of the decision of the police
chief.
C. If any personal card or on -site card is lost or stolen, the holder thereof shall immediately notify the
police chief and request a replacement, which shall be issued for a fee of ten dollars ($10.00) within
three (3) days following verification of the identity of the holder.
D. No permit application shall be accepted nor shall a permit be issued to any person who does not
provide proof that the individual is at least eighteen (18) years old. Any permit issued by virtue of
any misrepresentation or error to any individual under age eighteen (18) shall be void.
21.04.20 Personal permits - -term, transfer, amendment of personal permits.
A. A personal permit is valid for two (2) years from the date of its issuance.
B. A personal permit is personal to the named permit holder and is not valid for use by any other
person.
C. Each personal permit holder shall notify the police chief of the permit holder's new address within
ten (10) days following any change.
21.04.21 Personal permits -- display.
A. Each manager shall conspicuously display their personal card upon their person at all times while
acting as an entertainer or manager of or in a SOB.
B. Each manager or entertainer shall provide their on -site card to the manager or on -site manager in
charge of the SOB to hold while the manager or entertainer is on the premises.
C. In any prosecution under section 21.04.23 of this part, it shall be presumed that the individual did
not have a permit unless the permit was in display as required under subsection A of this section.
21.04.22 Personal permits -- revocation.
If the police chief has reasonable grounds to believe that any permit holder has been convicted of or
spent time in jail or prison for an offense as specified in the applicable provision of section 21.04.06 of
this part within the time specified therein, then the police chief may revoke the permit following a notice
of the grounds and a hearing as provided in section 21.04.09 of this part. If the police chief determines
that the permit should be revoked, then the police chief shall issue a final decree to be effective in thirty
(30) days following the mailing of notice of the decree to the permit holder in order to allow the permit
holder an opportunity before the permit must be surrendered to seek an injunction or judicial review of
the decision as authorized in section 21.04.27 of this part and applicable laws, including article 6252 -13d
of the Texas Revised Civil Statutes.
21.04.23 Personal permits -- conduct of employees.
A. A person commits an offense if, while engaging in entertainment or while exposing any specified
anatomical areas, the person touches either:
a customer or the clothing of a customer; or
2. another person employed at the SOB.
B. It shall be unlawful for any entertainer to approach closer than five (5) feet to any customer and on a
stage less than twenty -four (24) inches above floor level while engaging in entertainment or while
exposing any specified anatomical areas or engaging in any specified sexual activities.
C. It shall be unlawful for any employee to engage in entertainment or to expose any specified
anatomical areas or engage in any specified sexual activities in the presence of a customer in any
separate area within a SOB to which entry or access is blocked or obscured by any door, curtain or
other barrier separating entry to such area from any other area of the SOB.
D. A person commits an offense if the person offers or accepts a gratuity at a SOB except when the
gratuity is placed in a receptacle not on the stage and not upon the person or into the clothing of the
person.
21.04.24 In general -- notices.
A. Any notice required or permitted to be given by the police chief or any other city office, division,
department or other agency under this part to any applicant, operator or owner of a SOB may be
given either by personal delivery or by certified United States mail, postage prepaid, return receipt
requested, addressed to the most recent address as specified in the application for the permit, or
transfer application which has been received by the police chief, or any notice of address change
received by the city policechief. Notices mailed as above shall be deemed given upon their deposit
in the Unites States mail. If any notice given by mail is returned by the postal service, the police
chief shall cause it to be posted at the main entrance to the establishment.
B. Any notice required or permitted to be given to the police chief by any person under this part shall
not be deemed given until and unless it is received in the office of the police chief at the time(s) and
in the manner provided for filing of applications in section 21.04.04 of this part.
C. It shall be the duty of each owner who is designated on the permit application and each operator to
furnish notice to the police chief in writing of any change of residence or mailing address within ten
(10) days of such change.
21.04.25 In general -- offenses.
A. A person commits an offense if, while a customer at a SOB, the person touches an employee
appearing in a state of nudity or the clothing of an employee of the SOB.
B. A person commits an offense if the person acts as the manager, an employee, or an entertainer at a
SOB without the appropriate permit from the City.
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21.04.26 In general -- penalties.
A. The violation of any provision of this part, including the doing of anything that is herein prohibited
or declared to be unlawful or the failure to do anything or do any duty that is required herein, shall
be punishable as provided by Section 243.010(b) of the Local Government Code. Each day that any
violation shall continue shall constitute and be punishable as provided by Section 243.010(b) of the
Local Government Code. Each day that any violation shall continue shall constitute and be
punishable as a separate offense.
B. The revocation or suspension of any permit shall not prohibit the imposition of a criminal penalty
and the imposition of a criminal penalty shall not prevent the revocation or suspension of a permit.
21.04.27 In general -- authority to file suit.
A. A person who violates these regulations is subject to a suit to enjoin operation of the SOB under
section 243.010 of the Texas Local Government Code and is also subject to prosecution for criminal
violations.
B. The City Attorney is hereby authorized to file suit to enjoin the violation of this part. A suit may be
initiated upon information received from private citizens or any law enforcement agency.
21.04.28 In general -- judicial review.
A. Any owner, operator, or applicant of a SOB who is aggrieved by a decision that denies, suspends, or
revokes a permit, and who has complied fully and timely with all applicable provisions pertaining to
appeals of decisions in this part may seek appropriate judicial relief by writ of mandamus or other
available remedy in a court of competent jurisdiction.
B. The person aggrieved by the decision of the city may seek judicial review of such decision
immediately following the decision. The city attorney will cooperate with the aggrieved party in
seeking an expedited disposition of the matter.
C. The decision of the city manager suspending or revoking a permit under section 21.04.09 of this
part will be final as of the date written notice of the city manager's decision is given to the owner or
operator of the SOB, but in order to afford the permit holder an opportunity to seek judicial review
shall not be effective for purposes of enforcement of the decision by the police chief until the
twentieth (20th) day following such notice. If the permit holder initiates litigation for the purpose
of seeking judicial review within the twenty (20) day period, then the decision shall not be effective
for purposes of enforcement before the sixtieth (60th) day following such notice. This subsection
shall apply only to a decision sustaining the suspension or revocation of a permit for an existing
SOB, and shall not apply to a decision sustaining the denial of an initial application for a proposed
SOB.
21.04.29 Grandfather provision -- requirements for existing SOBS.
A. All existing SOBs must submit a complete application for a SOB permit within sixty (60) days of
the effective date of these regulations.
B. An existing SOB may continue to operate until the police chief's determination of the SOB permit
is final. The SOB must conspicuously post a copy of the SOB application at the business location.
C. An SOB that was in existence on or before January 1, 1997, must comply with all the provisions of
this ordinance except for the location restrictions contained in 21.04.06(B)(1,2,3,4,5) and the
sipage requirements contained in 21.04.12; provided, however, that the SOB must be located more
than 500 feet from an existing neighborhood conservation zone. The police chief shall permit such
a business to continue to operate as a preexisting nonconforming use. No nonconforming use of
land or buildings nor any nonconforming structures may be changed or altered, except in
conformity with this Article. A nonconforming use, when discontinued or abandoned, cannot be
resumed. For this Article, discontinuance or abandonment means when the land ceases to be used
as a SOB for thirty (30) consecutive days, unless due to circumstances beyond the control of the
owner, and the owner is proceeding with due diligence given all the attendant circumstances, to
reopen the establishment. Enlargement of the nonconforming use is prohibited. If the
nonconforming use is damaged or destroyed to an extent of more than sixty percent (60%) of its fair
market value by fire, explosion, act of God or other means, then any restoration must be for a
permitted use.