ORD 1997-21 - Adopt Sexually Oriented Business Regs 06-03-1997ORDINANCE NO. 97-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES BY
THE ADOPTION OF A NEW PART 4, ENTITLED "SEXUALLY
ORIENTED BUSINESS" OF TITLE 21, "OFFENSES AND
MISCELLANEOUS PROVISIONS "; PROVIDING DEFINITIONS;
PROHIBITING CERTAIN BUSINESSES; PROHIBITING NUDITY IN
CERTAIN BUSINESSES; REQUIRING PERMITS FOR OPERATION OF
SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR APPLICATION
FOR AND ISSUANCE OF SUCH PERMITS; REGULATING SIGNAGE OF
SEXUALLY ORIENTED BUSINESSES; ESTABLISHING AGE LIMITS FOR
PERSONS AT SEXUALLY ORIENTED BUSINESSES; REGULATING
OPERATION OF SEXUALLY ORIENTED BUSINESSES; REQUIRING
PERSONAL PERMITS FOR EMPLOYEES, OWNERS AND OPERATORS
OF SEXUALLY ORIENTED BUSINESSES; REGULATING CONDUCT OF
EMPLOYEES, OWNERS, OPERATORS AND CUSTOMERS OF
SEXUALLY ORIENTED BUSINESSES; PROVIDING A PENALTY FOR
VIOLATION OF THIS ORDINANCE; AUTHORIZING LITIGATION TO
ENFORCE THIS ORDINANCE; PROVIDING SAVINGS, SEVERABILITY
AND REPEALING CLAUSES; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
WHEREAS the Texas Legislature has found that the unrestricted operation of certain sexually
oriented businesses may be detrimental to the public health, safety and welfare by
contributing to the decline of residential and business neighborhoods and the growth
of criminal activity; and
WHEREAS the Texas Local Government Code specifically authorizes the City to adopt
regulations regarding sexually oriented businesses as the City considers necessary to
promote the public health, safety, or welfare; and
WHEREAS the City's Planning and Zoning Commission has conducted a public hearing and
public meetings and has discussed and reviewed sexually oriented businesses, and
has recommended that the City regulate sexually oriented businesses in substantially
the following manner; and
WHEREAS the City has received expert and lay evidence that sexually oriented businesses are
frequently used for unlawful purposes, and often have a deleterious effect on
businesses and residential areas around them; and
WHEREAS the City Council finds that:
adult activities land uses, especially when permitted to concentrate, have a
deleterious effect on business and residential areas by causing a reduction in
surrounding property values; and
adult activities land uses, especially when permitted to concentrate, result in
increased criminal activity such as public lewdness; and
adult activities land uses, especially when permitted to concentrate, diminish the
character, integrity, and quality of life of residential neighborhoods, places of
religious activity, child care and school facilities, public playgrounds and parks; and
WHEREAS City Council finds that the restrictions on sexually oriented businesses proposed by
this ordinance are reasonably necessary and appropriate to prevent a decline in the
value of surrounding properties and to prevent the deterioration of neighborhoods
and public areas of the community; and
WHEREAS the restrictions on signage are appropriate to prevent a decline in the values of
surrounding properties and to prevent deterioration of neighborhoods; and
WHEREAS it is not the intent of this Ordinance to suppress activities protected by the First
Amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: The Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the
adoption of a new part 4, "Sexually Oriented Business ", of Title 21 "Offenses and
Miscellaneous Provisions," that shall read as follows:
TITLE 21 OFFENSES AND MISCELLANEOUS PROVISIONS.
PART 21.04 SEXUALLY ORIENTED BUSINESS.
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:
1. 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 a� baret. 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 pifjor, 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:
1. 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 mail 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
S. Supervises or manages other persons in the performance of any of the foregoing activities on the premises
of the SOB.
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Customer. Any individual who:
1. 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
3. 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.
Eger. 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.
Nud' y. 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.
O en rator. 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 City Manager pursuant to the terns 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.
Public nark. 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 wall,
partition or other divider.
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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
3. 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.
1. Human genitals in a discernible state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. 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.
Total nudity. A individual whose entire pubic region, genitals or anus is not opaquely covered.
I=. A parcel of land under common ownership, whether inside the city or not.
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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 City Secretary 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 City Manager. The intended operator shall be required to give
the following information on the application form:
1) a. The name, street address (and mailing address if different) and Texas driver's license number
of the intended operator;
b. 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;
3) The telephone number of the SOB;
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
7) 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:
a. 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;
3) 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;
S) 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;
9) 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 City Manager with the original application or
previous renewals thereof remain correct and current.
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C. The application shall contain a statement under oath that:
1) 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 City
Secretary." All lettering on the signs must be at least 1 and 91 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 City Manager 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 -paint 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
(T) days after they file the application with the City Manager.
G. The City Secretary shall cause to be prepared and transmitted to the 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 City Secretary. Renewal applications must be flied 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 City Manager shall
grant or deny the requested permit and give written notice to the applicant as to the decision, unless the
City Manager extends the time period at the request of the applicant as provided in subsection D, below.
B. The City Manager shall issue a permit to the applicant unless one (1) or more of the following conditions
exist:
1) 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;
5) The applicant's SOB is located within five hundred (500) feet of the IH 45 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;
8) The applicant's SOB does not meet section 21.04.11 and section 21.04.12 of this part (the City
Manager may allow any noncompliance with section 21.04.11 or section 21.04.12 to be cured
during the City Manager'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;
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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;
U. Promotion of prostitution;
W. 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;
fl. Indecent exposure; or
Ill. 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;
e. 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 City Manager 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.
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D. If the City Manager determines that an applicant is not eligible for a permit, the City Manager 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 City Manager regarding such denial by filing a written request
for a hearing with the City Manager within twenty (20) days after the City Manager gives the applicant
notice of such denial. The City Manager's decision on the application shall be final unless the applicant
files a timely appeal. An appeal shall not stay the City Manager'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 Council shalt conduct the hearing. Hearings shall be conducted under rules issued by the
Council, 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 Council 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 Council 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 City Manager 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 City
Manager 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 City Manager gives notice of the
action on the application or the City Manager 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 City
Manager 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.
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 City Manager 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 flied.
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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 (1 Oth)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 City Manager 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 City Manager until the City Manager'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 City Manager shall have the authority to revoke a permit for any one ( 1 ) or more of the following
reasons:
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 (1) 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;
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4) The operator of the permitted SOB gave materially false, fraudulent or untruthful information on
the original, renewal or transfer application form;
S) 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 City Manager 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 Council 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 Council finds that the permit should be revoked, then the Council shall issue
a written order revoking such permit which shall be effective as provided in section 21.04.07 of this part.
If the Council determines, based upon the nature of the violation, that the ends of justice would be served
by a suspension instead of a revocation, the Council 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 Al 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 City Manager. 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 City Manager.
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.
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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;
3) 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:
1) 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 ".
3) 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.
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E. Secondary signs shall have only one (1) display surface. Such display surface shall:
1) 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. 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:
1) A valid operator's, commercial operator's, or chauffeur's driver's license; or
2) 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.
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.
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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.
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.
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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 businesses 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 City Secretary
in person at the offices of the City Secretary 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 City Manager and shall include:
1) 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 City Manager, 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 City
Manager to request on behalf of the applicant criminal history reports from the Texas Department of
Public Safety and any appropriate federal agency.
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C. The City Manager shall issue the permit within ten (10) days from the date of filing of the application
unless the City Manager 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 City Manager 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 City Manager. The hearing shall
be conducted as provided in section 21.04.07 of this part. If the City Council rules against the applicant,
then they 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 City Manager fails to issue or deny a permit application within the time specified in section
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 City Manager.
C. If any personal card or on -site card is lost or stolen, the holder thereof shall immediately notify the City
Manager 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 City Manager 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.
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21.04.22 Personal permits -- Revocation.
If the City Manager 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 City Manager 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 City Manager determines that the permit should be
revoked, then the City Manager 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, white engaging in entertainment or white exposing any specified
anatomical areas, the person touches either:
1) 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 City Manager 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 City Manager, or any notice of address change received by the City
Manager. 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 City Manager shall cause it to be posted
at the main entrance to the establishment.
B. Any notice required or permitted to be given to the City Manager by any person under this part shall not
be deemed given until and unless it is received In the office of the City Manager 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 City Manager in writing of any change of residence or mailing address within ten (10) days
of such change.
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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.
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 Council 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 Council'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 City Manager 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 pen-nit for an existing SOB, and shall not apply to a decision
sustaining the denial of an initial application for a proposed SOB.
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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 City Manager'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 signage
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 City Manager 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.
21
SECTION 2: Except for violations of this ordinance that are a Class A Misdemeanor under the
provisions of Section 243.010(b) of the Texas Local Government Code, any person,
firm or corporation violating any of the provisions or terms of this ordinance shall
be guilty of a misdemeanor, and, upon conviction shall be punished by a fine not to
exceed $2,000 for each offense covering fire, safety, zoning, public health and
sanitation, and shall be subject to a fine not to exceed $500 for all other offenses; and
each and every day of such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 3: If any clause, section or other part of this ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this
ordinance shall not affected thereby, but shall remain in full force and effect.
SECTION 4: All ordinances or parts of ordinances that conflict with this ordinance are repealed
to the extent of such conflict only.
SECTION 5: This ordinance does not legalize or authorize anything prohibited under the Texas
Penal Code or any other law of the State of Texas.
SECTION 6: 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.
PASSED AND APPROVED THIS 3RD DAY OF JUNE, 1997.
THE CI OF HUNTSVILLE
rl h-"t�
William B. Green, Mayor
AT T:
Danna Welter, City Secretary
APP VE
Scott Bounds, City Attorney