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Blue Mound City Zoning Code

§ 22A

SEXUALLY ORIENTED BUSINESS.

A. 
Sexually oriented businesses include, but are not limited to the following examples; the term encompasses all those defined by Tex. Loc. Gov’t Code section 243.002:
(1) 
Adult arcade
means any place to which the public is permitted or invited wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.”
(2) 
Adult bookstore
means a commercial establishment which as one of its principal business purposes offers for sale or rental, for any form of consideration, books, magazines, periodicals or other printed matters, or any combination thereof, which are distinguished or characterized by an emphasis on matters depicting or describing “specified sexual activities” or “specified anatomical areas.”
(3) 
Adult cabaret
means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(a) 
Persons who appear in a state of nudity; or
(b) 
Live performances which are distinguished or characterized by an emphasis on the exposure of “specified anatomical areas” or by an emphasis on “specified sexual activities”; or
(c) 
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished by an emphasis on matters depicting or describing “specified sexual activities” or “specified anatomical areas.”
(4) 
Adult motel
means a hotel, motel or similar commercial establishment which:
(a) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and
(b) 
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(c) 
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(5) 
Adult movie theater
means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, video reproductions, slides or other visual representations, or any combination thereof, are regularly shown which are distinguished or characterized by an emphasis on matters depicting or describing “specified sexual activities” or “specified anatomical areas.”
(6) 
Adult novelty store
means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) 
Books, magazines, periodicals, or other printed matter, or photographs, films motion pictures, videocassettes or video reproductions, slides, objects, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(b) 
Instruments, devices, or paraphernalia which are designed or manufactured for use in connection with “specified sexual activities.” This does not include items used for birth control or for prevention of sexually transmitted diseases.
(7) 
Adult service establishment
means a commercial establishment which offers services or sells products to customers and in which one or more of the employees or the customer appears in a state of nudity, semi-nudity, or simulated nudity.
(8) 
Adult video store
means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration photographs, films, motion pictures, videocassettes, video reproductions, slides or other visual representations, or any combination thereof, which are distinguished or characterized by an emphasis on matters depicting or describing “specified sexual activities” or “specified anatomical areas.”
(9) 
Adult theater
means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are distinguished or characterized by an emphasis on the exposure of “specified anatomical areas” or by an emphasis on “specified sexual activities.”
(10) 
Escort agency
means a person or business association who, as one of its principal business purposes, furnishes, offers to furnish, or advertises to furnish escorts, or any combination thereof, for a fee, tip, or other consideration.
(11) 
Nude model studio
means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money, or any form of consideration.
(12) 
Sex parlor
means an establishment that is operated for the purpose of giving massages, at the establishment or on a home-call basis, that are intended to provide sexual stimulation or sexual gratification in combination with a massage.
(13) 
Sexual encounter center
means a business or commercial enterprise that offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity, semi-nudity, or simulated nudity.
B. 
DEFINITIONS OF TERMS USED IN SECTION A:
(1) 
Principal
means over 35 percent of either customers, volume of sale, stock in trade, display areas or presentation time, or any combination thereof in any three-month increment period beginning from the date of issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects available on the premises for sale or rental including those that are identical, considered a separate title or object.
(2) 
Nudity or state of nudity
means less than completely and/or opaquely covered;
(a) 
Human genitals, pubic region or pubic hair;
(b) 
Human buttocks;
(c) 
Female breast or breasts below a point immediately above the top of the areola; or
(d) 
Any combination of the foregoing.
(3) 
Simulated nudity
means a state of dress in which any device or covering is worn and exposed to view that simulates any part of the genitals, buttocks, anus, pubic region, or areola of the female breast.
(4) 
Specified anatomical areas
means human genitals in a state of sexual arousal.
(5) 
Specified sexual activities
means and includes any of the following:
(a) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) 
Sex acts, normal or perverted, actual or simulated; or
(c) 
Masturbation, actual or simulated; or
(d) 
Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.
C. 
LOCATION OF SEXUALLY ORIENTED BUSINESSES:
(1) 
Sexually oriented businesses shall be allowed only in those locations within the “H” Industrial district where a specific use permit has been obtained in the same manner as other zone changes have been granted. No such permit shall be granted for any location which is within 1,000 feet of:
(a) 
A church;
(b) 
A public or private elementary or secondary school;
(c) 
Residentially zoned property;
(d) 
A public park; or
(e) 
Another sexually oriented business.
(2) 
For the purposes of subparagraph (1) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park or residential zoning district, or sexually oriented business.
(3) 
No zone change for a special use permit for a sexually oriented business shall be granted until the applicant therefor provides proof of compliance with Section 243.0075, Tex. Local Government Code.
D. 
EXEMPTIONS.
The following activities are exempted from the requirements of this ordinance:
(1) 
Any business operated by or employing licensed psychologists, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practicing such licensed professions;
(2) 
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts;
(3) 
Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and which does not exhibit merchandise on live models; or
(4) 
Any activity conducted or sponsored by any Texas independent school district, licensed or accredited private school, or public or private college or university.
E. 
NONCONFORMING USES.
Any sexually oriented business that was legally operating on the effective date of adoption or amendment of this ordinance or regulation, shall be deemed a nonconforming use.
(Ordinance 210 adopted 7/18/89; Ordinance 355 adopted 2/20/00)