The provisions of this article shall be applicable in zoned districts UV-D and CMU of the city. The uses as herein provided shall remain prohibited in all other zoned districts.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

A.

Achromatic. Colorless, lacking in saturation or hue. Without limitation, gray shall be included, but white and black shall be excluded from the definition of achromatic.

B.

Adult bookstore. An establishment whose primary business is the offering to customers of books, magazines, films or videotapes CDs, DVDs (whether for viewing off-premises or on-premises by use of electronic media image-producing devices), periodicals, or other printed or pictorial materials which are intended to provide sexual stimulation or sexual gratification to such customers, and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

C.

Adult cabaret. An establishment whose primary business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

D.

Adult encounter parlor. An establishment whose primary business is the provision of premises where customers either congregate, associate, or consort with employees who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

E.

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.

F.

Adult modeling studio. An establishment whose primary business is the provision to customers of 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.

G.

Adult movie theater. An establishment, containing a room with tiers or rows of seats facing a screen, or projection area, whose primary business is the exhibition to customers of electronic media which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

H.

Applicant. The applicant for a permit shall be the intended operator of the enterprise.

I.

Chief of Police. The Chief of Police and such employee(s) of the police department as he may designate to perform the duties of the Chief of Police under this article.

J.

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 entrance way opening onto public property, a public way, or a common area.

K.

Conduct any business in an enterprise. Any person who does any one (1) or more of the following shall be deemed to be conducting business in an enterprise:

(1)

Operates a cash register, cash drawer or other depository on the enterprise premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

(2)

Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the enterprise premises;

(3)

Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the enterprise premises;

(4)

Acts as a door attendant to regulate entry of customers or other persons into the enterprise premises; or

(5)

Supervises or manages other persons in the performance of any of the foregoing activities on the enterprise premises.

L.

Customer. Any person who:

(1)

Is allowed to enter a regulated establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or

(2)

Enters a regulated establishment 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 regulated establishment operating as a private club.

M.

Employee. Any person who renders any service whatsoever to the customers of a regulated establishment or who works in or about a regulated establishment and who receives compensation for such service or work from the operator or owner of the regulated establishment or from the customers therein.

N.

Enterprise. An adult cabaret, adult encounter parlor, adult lounge, adult modeling studio, 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 "enterprise" 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)

Reserved.

O.

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 customers.

P.

Exterior portion. Any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering, or window, which is visible from any public way or public property.

Q.

Licensed day-care center. A facility licensed by the State of Texas, whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for 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.

R.

Operator. The manager or other natural person principally in charge of a regulated establishment.

S.

Owner or owners. Owner or owners shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors, and persons holding ten (10) percent or more of the outstanding shares of a corporation. The term "owner" shall not include any such person who has given to the operator a statement under oath that he does not desire to be listed on the permit application and that he waives any right to any notice that is required or permitted to be given under this article.

T.

Permit. A current, valid permit issued by the Chief of Police pursuant to the terms of this article to an operator for an enterprise.

U.

Place of worship. A building, whether situated within the City or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

V.

Regulated establishment. Any enterprise, adult bookstore, or adult movie theater, as defined herein.

W.

Residential. Pertaining to the use of land, whether situated within the City or not, for premises such as homes, town homes, patio homes, mobile homes, duplexes, condominiums and apartment complexes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein. A premises which 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, boardinghouses, nursing homes, hospitals, and nursery schools shall not be considered to be residential.

X.

School. A building, whether situated within the City or not, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadium and other structures or grounds used in conjunction therewith. The term is limited to:

(1)

Public and private schools used for primary or secondary education, in which any regular kindergarten or grades one (1) through twelve (12) classes are taught; and

(2)

Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of grades one (1) through twelve (12).

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

It shall be unlawful for any person to own, operate or conduct any business in an enterprise located within the City unless there is a permit for the enterprise.

B.

It shall be unlawful for any person to own, operate, or conduct any business in an enterprise located within the City unless the permit is posted at or near the principal public entrance to the enterprise in such a manner that it will be conspicuous to patrons who enter the premises.

C.

In any prosecution under subsection (a) above, it shall be presumed that there was no permit at the time of the alleged offense, unless a permit was then posted as provided in subsection (b).

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Applications for a permit, whether original or renewal, must be made to the Chief of Police by the intended operator of the enterprise. Applications must be submitted by hand delivery to the Chief of Police during regular working hours (8:00 a.m. to 4:00 p.m., Monday through Friday, city holidays excepted). Application forms shall be supplied by the Chief of Police. 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, and any and all aliases;

b)

The name and street address (and mailing address if different) of the owner(s);

(2)

The name under which the enterprise is to be operated and a general description of the services to be provided;

(3)

The telephone number of the enterprise;

(4)

The address and legal description of the parcel of land on which the enterprise is to be located;

(5)

The date on which the owner(s) acquired the enterprise for which the permit is sought, and the date on which the enterprise began operations as an enterprise at the location for which the permit is sought; and

(6)

A list of all employees or contractors involved in providing the services to be provided by the enterprise.

B.

The application shall be accompanied by the following:

(1)

Payment in full of a fee of:

a)

Three hundred fifty dollars ($350.00) for an original application; or

b)

One hundred dollars ($100.00) 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 in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statutes Annotated, Business and Commerce Code, Chapter 36) if the enterprise is to be operated under an assumed name;

(3)

If the enterprise is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

(4)

If the enterprise is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;

(5)

If the enterprise is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the office of the Secretary of State under the Texas Revised Limited Partnership Act (Article 6132a Vernon's Texas Civil Statutes);

(6)

If the enterprise is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto, filed in the office of the Secretary of State under the Texas Revised Limited Partnership Act (Article 6132a Vernon's Texas Civil Statutes);

(7)

Any of items (2) through (6) above shall not be required for a renewal application if the applicant states that the documents previously furnished the Chief of Police with the original application or previous renewals thereof remain correct and current.

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 is true and correct; and

(2)

The applicant has read the provisions of this article.

D.

A separate application and permit shall be required for each enterprise.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

Each 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 permit shall be subject to renewal as of its expiration date by the filing of a renewal application with the Chief of Police. Renewal applications must be filed at least thirty (30) days prior to the expiration date of the permit that is to be renewed.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Within thirty (30) days of receipt of any application, either original or renewal, the Chief of Police shall grant or deny the requested permit and give written notice to the applicant as to the decision.

B.

The Chief of Police shall issue a permit to the applicant unless one (1) or more of the following conditions exist:

(1)

The applicant's enterprise is located within five hundred (500) feet of any school, place of worship, or licensed day care center. 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 enterprise to the nearest point on the property line of such school, place of worship, or licensed day care center;

(2)

The applicant's enterprise is located within one thousand (1,000) feet of any other enterprise 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 enterprise to the nearest point on the property line of any other enterprise;

(3)

Five hundred (500) feet from any residential property, measured from the closest point on the property line of the residential property to the closest point of any property in a use regulated under the provisions of this article;

(4)

The applicant failed to supply all of the information requested on the application;

(5)

The applicant gave materially false, fraudulent or untruthful information on the application;

(6)

The applicant's enterprise is not in compliance with Section 24-1109 and Section 24-1110 of this article;

(7)

The applicant or the enterprise does not meet any other requirement of this article;

(8)

The applicant has not fully complied with all state, federal and local laws or regulations affecting the conduct of its business, including the laws of any other City located in Harris County;

(9)

The operator has had a permit revoked for the same enterprise within the one hundred eighty (180) day period next preceding the date that the application was filed.

C.

Property uses and distances for original applications shall be determined as of the time that the application is filed. If a renewal application is timely filed as provided in Section 24-1104, the property uses and measurements for the renewal application shall be determined as of the time that the original application for the enterprise was filed. 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.

In the event that the Chief of Police determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within thirty (30) days of the receipt of its application by the Chief of Police. An applicant may appeal the decision of the Chief of Police regarding such denial by filing a written request for a hearing with the Chief of Police within fifteen (15) days after he is given notice of such denial. The Chief of Police's decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the Chief of Police's decision on the issuance of a permit. The applicant's written request for a hearing shall set out the grounds on which the denial is challenged. The hearing shall be conducted by a hearing official to be designated by the Chief of Police. The hearing official shall not have participated in any investigation or decision relating to the denial of the permit. At the hearing, the hearing official shall receive oral and written testimony regarding the application. Hearings shall be conducted under rules issued by the Chief of Police which shall be consistent with the nature of the proceeding and shall ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel.

E.

The hearing official shall conduct the hearing within fifteen (15) days after receipt of the applicant's written request for a hearing unless the applicant requests an extension in writing. The hearing official 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 hearing official shall be final unless an appeal is filed to the City Council pursuant to Section 24-1105 F.

F.

The applicant may appeal the decision of the hearing official to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the applicant is given notice of the hearing official's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Chief of Police may submit a memorandum in response to the memorandum filed by the applicant on appeal to the City Council. After reviewing such memoranda, as well as the hearing official's written decision, and the exhibits introduced at the hearing before the hearing official, the City Council shall vote to either uphold or overrule the hearing official's decision. Such vote shall be taken within fourteen (14) calendar days after the date on which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the hearing official's decision during the pendency of the appeal. The decision of the City Council shall be final.

G.

Failure of the Chief of Police to give timely notice of his action on an application, or failure of the hearing official to timely conduct or give notice of his decision on an appeal from the City Manager's decision, or failure of the City Council to vote on an appeal from the decision of the hearing official within the limitations of time specified above, shall entitle the applicant to the issuance of a temporary permit upon written demand therefor filed by the applicant with the City Manager. Such a temporary permit shall only be valid until the third (3rd) day after the City Manager gives notice of his action on the application or the hearing official gives notice of this decision on the appeal, or the City Council votes on the appeal, as applicable.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

A permit is personal to the owner(s) and operator designated in the application, 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. In the event that a transfer application is not timely filed, then the permit shall be invalid for any purpose relating to the operation of the enterprise, and any transfer shall require and be treated in all respects as an original permit application. For purposes of measurements between enterprises under Section 24-1105 of this Code, 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 24-1107 of the Code and any appeal therefrom to the City Council has been concluded.

B.

The Chief of Police 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 that are 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 24-1103 of this Code.

C.

Transfers shall be reviewed, issued and subject to appeal in the same manner as original applications, pursuant to Section 24-1105; except that items (1), (2), and (3) of subsection (b) shall not apply, and they shall be issued for the remaining term of the permit to be transferred.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

The Chief of Police 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 enterprise knowingly allowed a person under seventeen (17) years of age to enter an enterprise;

(2)

The permitted enterprise does not conform to the provisions of Section 24-1109 and Section 24-1110 of this article;

(3)

Three (3) or more cumulative violations of any of the offenses contained in chapter 21, chapter 43, Section 22.011, or Section 22.021 of the Texas Penal Code or of the offenses contained in this Code have occurred on the premises of the permitted enterprise. These violations must have occurred in a consecutive period of twelve (12) months, and the owner or operator must have knowingly allowed such violations to occur or did not make a reasonable effort to prevent the occurrence of such violations;

(4)

The operator of the permitted enterprise gave materially false, fraudulent or untruthful information on the original, renewal or transfer application form;

(5)

The enterprise has been closed for business for a period of thirty (30) consecutive days, unless such closure is due to circumstances beyond the control of the owner, and the owner is proceeding with due diligence, given all attendant circumstances, to 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 24-1106 of this article; or

(7)

That the permit should not have been issued pursuant to the criteria of Section 24-1105 of this article.

B.

Prior to revocation of a permit, the Chief of Police shall investigate the grounds alleged to determine 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 a hearing official to be designated by the Chief of Police at a time and place specified within such notice. The hearing official designated shall not have participated in any investigation of the alleged grounds for the revocation. Such hearing shall be held not less than fifteen (15) days after notice is given. Hearings shall be conducted under rules issued by the Chief of Police. Such rules 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. If, after the hearing, the hearing official finds that the permit should be revoked, he shall issue a written order revoking such permit which shall be effective on the third (3rd) day after notice thereof is given to the operator. If the hearing official determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, he 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.

The owner(s) or operator shall have the right to appeal an order of the hearing official revoking a permit to the City Council in accordance with the procedure set forth in Section 24-1105 by delivering notice of appeal to the City Clerk within fifteen (15) days after notice is given to the owner(s) and operator of the order. The filing of an appeal of a revocation to the City Council shall not have the effect of superseding or suspending the order of the Chief of Police. Orders suspending permits shall not be subject to any appeal.

D.

An enterprise shall be treated as having a permit for purposes of measurements under Section 24-1105 of this Code, pending the date for filing an appeal of a permit revocation, and if an appeal is filed, pending the disposition of the appeal by the City Council. An establishment holding a suspended permit shall be treated as having a permit for the purpose of measurements made under Section 24-1105.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

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 cancelled upon written request of the owner(s) or operator and surrender of the permit itself to the Chief of Police. Permits shall be surrendered at the same place and at the same time as permit applications as provided in Section 24-1103 of this Code. The surrender of a permit shall be effective upon its filing with the Chief of Police.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

It shall be unlawful for an owner or operator of a regulated establishment to allow the merchandise or activities of the regulated establishment to be visible from any point outside such regulated establishment.

B.

It shall be unlawful for the owner or operator of a regulated establishment to allow the exterior portions of the regulated establishment 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 article or other provisions of this Code.

C.

It shall be unlawful for the owner or operator of a regulated establishment to allow exterior portions of the regulated establishment to be painted any color other than a single achromatic color. This provision shall not apply to any regulated establishment if the following conditions are met:

(1)

The regulated establishment is a part 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 regulated establishment, 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 article shall be construed to require the painting of an otherwise unpainted exterior portion of a regulated establishment.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

It shall be unlawful to allow a person who is younger than twenty-one (21) years of age to enter or be on the premises of a regulated establishment at any time that the regulated establishment is open for business.

B.

It shall be the duty of the operator of each regulated establishment to ensure that an attendant is stationed at each public entrance to the regulated establishment at all times during such regulated establishment's regular business hours. It shall be the duty of the attendant to not allow any person under the age of twenty-one (21) years to enter the regulated establishment. It shall be presumed that an attendant knew a person was under the age of twenty-one (21) 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 twenty-one (21) years or older.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

Any notice required or permitted to be given by the Chief of Police or any other City office, division, department or other agency under this article to any applicant, operator or owner of an enterprise 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 Chief of Police, or any notice of address change which has been received by the Chief of Police.

Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Chief of Police shall cause it to be posted at the principal entrance to the establishment.

B.

Any notice required or permitted to be given to the Chief of Police by any person under this article shall not be deemed given until and unless it is received in the office of the Captain of the Vice Division at the time(s) and in the manner provided for filing of applications in Section 24-1103 of this Code.

C.

It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the Chief of Police in writing of any change of residence or mailing address.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

A.

The violation of any provision of this article, including the doing of anything which is herein prohibited or declared to be unlawful or the failure to do anything or perform any duty which is required herein, shall be punishable as provided by Section 243.010(b) of the Local Government Code, as amended. Each day 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.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)

An occupancy permit shall be issued by the Building Official for the lawful occupancy of the building or premises upon issuance of the permit as herein provided. The Building Official shall immediately upon the request of the applicant identify in writing any legally sufficient reason why the occupancy permit cannot be issued.

(Ord. No. 25-036, § 2(Exh. A), 5-19-2025)