It is the purpose of this ordinance to regulate sexually oriented businesses, to promote the health, safety, morals, and general welfare of the citizens of the City of Bowie and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented business materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented business materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented business entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene material.

(Ord. No. 2006-09, Sec. 1, adopted 8-15-06)

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 the depicting or describing of "specified sexual activities" or "specified anatomical areas."

Adult bookstore or adult video store means a commercial establishment which, as one of its principal, accessory, or incidental business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity; or

(2)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(3)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motel means a hotel, motel or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(2)

Offers a sleeping room for rent for a period of time that is less that ten (10) hours; or

(3)

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.

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

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 characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Chief of police means the chief of police of the City of Bowie or his designated agent.

Customer means any person who:

(1)

Is allowed to enter a sexually oriented business in return for the payment of admission fee or any other form of consideration or gratuity; or

(2)

Enters a sexually oriented business and purchases, rents, or otherwise partakes of any merchandise, goods, entertainment, or other sources offered therein; or

(3)

Is a member of and on the premises of a sexually oriented business operating as a private club.

Employee means any person who renders any service whatsoever to the customers of a sexually oriented business or who works in or about a sexually oriented business and who received compensation for such services or work from the operator or owner of the sexually oriented business or from its customers.

Escort means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers or privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

Establishment means and includes any of the following:

(1)

The opening or commencement or any sexually-oriented business as a new business;

(2)

The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;

(3)

The addition of any sexually-oriented business to any other existing sexually-oriented business; or

(4)

The relocation of any sexually-oriented business.

Licensee means a person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

Licensed day-care center means child care center or facility where a group day-care home that provides care or supervision for children who are not related by blood, marriage or adoption to the owner or operator of the facility for less than twenty-four (24) hours per day for more than twelve (12) children under the age of fourteen (14), whether or not the facility is operated for profit or charges for the services it offers.

Love parlor means an establishment that is operated for the purpose of giving massages at the establishment or at a home call basis that are intended to provide sexual stimulation or sexual gratification in combination with a massage.

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.

Nudity or state of nudity means:

(1)

The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts; or

(2)

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breasts.

Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually-oriented business whether or not that person is an owner part owner or licensee of the business.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

Principal means over thirty-five (35) percent of customers, volume of sales, stock in trade, display areas, or presentation time, or any combination thereof, in any three-month increment beginning from the date of issuance of the 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 as separate title or object. Regularly means featuring, promoting or advertising a happening or occurrence on a recurring basis.

Residential district means a single-family, duplex, garden home, town house or multi-family district as defined in the Bowie Zoning Ordinance.

Residential use means a single-family, duplex, garden home, town house or multi-family district as defined in the Bowie Zoning Ordinance.

Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration;

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

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 or semi-nude.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult model, adult motion picture theater, adult theater, escort agency, nude model studio, love parlor, sexual encounter center, or any combination thereof, the primary business of which 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 it's customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or whose employees or customers appear in a state of nudity.

The term sexually oriented business shall not be construed to include:

(1)

Any business operated by or employing a licensed psychologist, licensed physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers engaged in practiced 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.

Specified anatomical areas means human genitals in a state of sexual arousal.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulate; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business of more than twenty-five (25) percent, as the floor area exists on the date of passage of this ordinance [Aug. 15, 2006].

Transfer of ownership or control of a sexually-oriented business means and includes any of the following:

(1)

The sale, lease or sublease of the business;

(2)

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(3)

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. No. 2006-09, Sec. 2, adopted 8-15-06)

Sexually oriented businesses are classified as follows:

(1)

Adult arcades;

(2)

Adult bookstores or adult video stores;

(3)

Adult cabarets;

(4)

Adult motels;

(5)

Adult motion picture theaters;

(6)

Adult theaters;

(7)

Escort agencies;

(8)

Nude modeling studios;

(9)

Sexual encounter centers; and

(10)

Love parlors.

(Ord. No. 2006-09, Sec. 3, adopted 8-15-06)

(a)

A person commits an offense if he establishes, operates or causes to be operated, or expands a sexually oriented business within one thousand (1,000) feet without regard to city boundaries, of:

(1)

A church or synagogue;

(2)

A public or private elementary or secondary school or licensed day-care center;

(3)

A boundary of a residential district;

(4)

A public park;

(5)

A public library;

(6)

The property line of a line devoted to a residential use as defined in this ordinance; or

(7)

A another sexually oriented business.

(b)

A person commits an offense if he establishes, operates, or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(c)

For the purposes of subsection (a), measurements shall be made in a straight line, without regard to intervening structure or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, licensed day-care center, public library, or to the nearest boundary of a public park or residential lot.

(d)

For the purposes of subsection (a) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall from the tenant space occupied, as applicable.

(e)

Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of the location requirements of Subsections (a) or (b) shall be deemed a nonconforming use. A nonconforming use under this subsection shall not increase, enlarge, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.

(f)

Any sexually oriented business lawfully operating after the effective date of this ordinance that later becomes a nonconforming use because of an amendment to the regulations in this ordinance or any other ordinance or law shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.

(g)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue, public or private elementary or secondary school, licensed day-care center, public park, public library, or a residential lot within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

(Ord. No. 2006-09, Sec. 4, adopted 8-15-06)

(a)

A person commits an offense if he operates a sexually-oriented business without a valid license issued by the city for the particular type of business.

(b)

An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions or the interior of the premises to an accuracy of plus or minus six (6) inches.

(c)

The applicant must be qualified according to the provisions of this ordinance.

(d)

If a person who wishes to operate a sexually-oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a twenty percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 7 and each applicant shall be considered a licensee if a license is granted.

(e)

The fact that a person possesses a valid theater license, dance hall license or public house of amusement license does not exempt him from the requirement of obtaining a sexually-oriented business license. A person who operates a sexually-oriented business and possesses a theater license, public house of amusement license or dance hall license shall comply with the requirements and provisions of this section as well as the requirements and provisions of the Bowie Zoning Ordinance.

(Ord. No. 2006-09, Sec. 5, adopted 8-15-06)

(a)

An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions or the interior of the premises to an accuracy of plus or minus six (6) inches.

(b)

If a person who wishes to operate a sexually-oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a twenty percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 7 and each applicant shall be considered a licensee if a license is granted.

(c)

All applications for license under this ordinance shall be accompanied by a non refundable application fee of five hundred dollars ($500.00). An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted.

(Ord. No. 2006-09, Sec. 6, adopted 8-15-06)

(a)

The chief of Police shall issue a license to an applicant within thirty (30) days after receipt of an application unless the chief of police finds one or more of the following to be true:

(1)

An applicant is under eighteen (18) years of age.

(2)

An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or the applicant's spouse in relation to a sexually-oriented business.

(3)

An applicant has failed to provide information reasonably necessary for issuance of the license or gave false, fraudulent, or untruthful information in answer to a question or request for information on the application form.

(4)

An applicant or an applicant's spouse has been convicted of a violation of a provision of this ordinance, other than the offense of operating a sexually-oriented business without a license within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial of a license.

(5)

The license or renewal fee required by this ordinance has not been paid.

(6)

An applicant has been employed in sexually-oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage a sexually-oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.

(7)

An applicant or the proposed establishment is in violation of or is not in compliance with any provision of this ordinance.

(8)

An applicant or an applicant's spouse has been convicted of a crime:

a.

Involving:

1.

Any of the following offenses as described in the Texas Penal Code:

(i)

Prostitution;

(ii)

Promotion of prostitution;

(iii)

Aggravated promotion of prostitution;

(iv)

Compelling prostitution;

(v)

Obscenity;

(vi)

Sale, distribution or display of harmful material to a minor;

(vii)

Sexual performance by a child;

(viii)

Possession of child pornography;

2.

Any of the following offenses as described in the Texas Penal Code:

(i)

Public lewdness;

(ii)

Indecent exposure;

(iii)

Indecency with a child;

3.

Sexual assault or aggravated sexual assault as described in the Texas Penal Code;

4.

Incest, solicitation of a child or harboring a runaway child as described in the Texas Penal Code;

5.

Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; and

6.

Possession or distribution of a controlled substance.

b.

For which:

1.

Less than two (2) years have elapsed since the date of conviction or the date of release from the terms of probation, parole or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or

2.

Less than five (5) years have elapsed since the date of conviction or the date of release from the terms of probation, parole or deferred adjudication, or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of felony offense; or

3.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any two (2) year period.

(b)

The fact that a conviction of the applicant or applicant's spouse is being appealed shall have no effect on the disqualification of same.

c.

An applicant who has been convicted or whose spouse has been convicted of an offense listed in this section may qualify for a sexually-oriented business license only when the time period required by this section has elapsed.

d.

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually-oriented business.

e.

The license shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it may be easily read at any time.

(9)

The location of the sexually oriented business is or would be in violation of Section 4 of this ordinance.

(Ord. No. 2006-09, Sec. 7, adopted 8-15-06)

The annual fee for a sexually-oriented business license is five hundred dollars ($500.00).

(Ord. No. 2006-09, Sec. 8, adopted 8-15-06)

(a)

An applicant or licensee shall permit representatives of the city to inspect the premises of a sexually-oriented business for the purpose of insuring compliance with the law, at any time during the thirty (30) day application period or after it is occupied or open for business.

(b)

A person who operates a sexually-oriented business or his agent or employees commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time during the thirty-day application period or when it is occupied or open for business.

(c)

A person who operates a sexually-oriented business or his agent or employees commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card or passport, all with a photograph.

(d)

The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(Ord. No. 2006-09, Sec. 9, adopted 8-15-06)

(a)

Each license shall expire one year from the date of issuance.

(b)

A license may be renewed only by making application as provided in this ordinance.

(c)

Application for renewal should be made at least thirty (30) days before the expiration date of the license. When made less than thirty (30) days before the expiration date, the new expiration date will not be affected.

(Ord. No. 2006-09, Sec. 10, adopted 8-15-06)

(a)

The chief of police shall suspend a license for a period not to exceed thirty (30) days if he determines that a licensee or an employee of a licensee has:

(1)

Violated or is not in compliance with this ordinance;

(2)

Engaged in excessive use of alcoholic beverages while on the sexually-oriented business premises;

(3)

Refused to allow an inspection of the sexually-oriented business as authorized by this ordinance;

(4)

Knowingly permitted gambling by any person on the sexually-oriented business premises;

(5)

Demonstrated an inability to operate and manage a sexually-oriented business in a peaceful and law-abiding manner; thus necessitating action by law enforcement officer.

(6)

Failed to make payment and is thereby delinquent in payment to the city for hotel occupancy tax, if imposed, ad valorem taxes or sales taxes related to the sexually-oriented business.

(b)

When the chief of police is authorized to suspend a license under this section, she shall give the licensee the opportunity to pay a reinstatement fee of five hundred dollars ($500.00) rather than have the license suspended.

(1)

Payment of this reinstatement fee shall be considered administrative admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this ordinance.

(2)

If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, he loses the opportunity to pay it and the Chief of Police shall impose the suspension.

(3)

Each day in which a violation is permitted to continue shall constitute a separate cause for suspension.

(Ord. No. 2006-09, Sec. 11, adopted 8-15-06)

(a)

The chief of police shall revoke a license if a cause of suspension as described in this ordinance occurs and the license has been suspended or a reinstatement fee paid within the preceding twelve (12) months.

(b)

The chief of police shall revoke a license if he determines that;

(1)

A licensee gave false or misleading information in the material submitted to the chief of police during the application process;

(2)

A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the sexually-oriented business premises;

(3)

A licensee or an employee has knowingly allowed prostitution on the sexually-oriented business premises;

(4)

A licensee or an employee knowingly operated the sexually-oriented business during a period of time when the licensee's license was suspended;

(5)

A licensee has been convicted of an offense listed in section 7(a)(1)(2)(3)(4)(5) or (6) for which the time period required has not elapsed;

(6)

On two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in this ordinance for which a conviction has been obtained, and the person or persons were employees or the sexually-oriented business at the time the offenses were committed;

(7)

A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term sexual contact shall have the same meaning as it is defined in the Texas Penal Code; or

(8)

A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually-oriented business.

(c)

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(d)

Subsection 12(b)(7) above does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.

(e)

When the chief of police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually-oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under section 12(b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 7 (a)(1)(b) has passed as provided by this ordinance.

(Ord. No. 2006-09, Sec. 12, adopted 8-15-06)

(a)

If the chief of Police is authorized to deny the issuance of a license, or suspend or revoke a license as provided in this ordinance, the chief of police shall give written notice to the applicant or licensee of such intention.

(1)

The notice shall provide that the denial of issuance, suspension, revocation shall take effect within the third working day after notification unless the licensee provides a written response to the chief of police before the expiration of the third working day.

(2)

If a written response from the applicant or licensee is received by the chief of police before the expiration of the third working day, the suspension, the denial of issuance or revocation will be stayed pending a decision by the chief of police. The chief of police shall review the response before rendered a decision.

(3)

The chief of police shall give written notice of this decision to the applicant or licensee.

(4)

The decision by the chief of police is effective immediately and final pending any appeals.

(5)

Notice shall be deemed delivered by hand delivery to a licensee, owner or employee of the establishment or by posting of the notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. Such notice shall be mailed to the address listed in the license application for receipt of notice.

(b)

Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for license has been denied or whose license has been suspended or revoked shall have the right to appeal to a state district court.

(c)

An appeal to the state district court must be filed within thirty (30) days after the receipt of notice of the decision of the chief of Police, or denial of the appeal by the license appeal board.

(d)

The licensee or applicant shall bear the burden of proof in court.

(Ord. No. 2006-09, Sec. 13, adopted 8-15-06)

(a)

A person commits an offense if he transfers his license to another person or operates a sexually-oriented business under the authority of a license at any place other than the address designated in the application.

(b)

A person commits an offense if he counterfeits, changes, defaces, or alters a license.

(Ord. No. 2006-09, Sec. 14, adopted 8-15-06)

(a)

An escort agency shall not employ any person under the age of eighteen (18) years.

(b)

A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.

(Ord. No. 2006-09, Sec. 15, adopted 8-15-06)

(a)

A nude model studio shall not employ any person under the age of eighteen (18) years.

(b)

A person under the age of eighteen (18) years commits an offense if he appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.

(c)

A person commits an offense if he appears in a state of nudity, semi-nudity, or simulated nudity or knowingly allow another to appear in a state of nudity, semi-nudity, or simulated nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

(d)

A person commits an offense if he places or permits a bed, sofa, or mattress in any room on the premises of a nude model studio, except that a sofa may be place in a reception room open to the public.

(e)

A licensee or employee of nude model studio commits an offense if he permits any customers access to an area of the premises not visible from the manager's station or not visible by a walk-through of the premises without entering a closed area, excluding restrooms.

(f)

An employee of a nude model studio, while appearing in a state of nudity, semi-nudity or simulated nudity, commits an offense if he touches a customer or the clothing of a customer.

(g)

A customer at a nude model studio commits an offense if he touches an employee appearing in a state of nudity, semi-nudity or simulated nudity.

(Ord. No. 2006-09, Sec. 16, adopted 8-15-06)

(a)

A person commits an offense if he knowingly allows a person under the age of eighteen (18) years in a state of nudity, semi-nudity or simulated nudity in or on the premises of an adult theater or adult motion picture theater.

(b)

A person under the age of eighteen (18) years commits an offense if he knowingly appears in a state of nudity, semi-nudity or simulated nudity in or on the premises of an adult theater or adult motion picture theater.

(c)

It is a defense to prosecution under subsections (a) and (b) of this section if the person under eighteen (18) years was in a rest-room not open to public view or persons of the opposite sex.

(Ord. No. 2006-09, Sec. 17, adopted 8-15-06)

(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 a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this ordinance.

(b)

A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually-oriented business license, he rents or sub-rents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or sub-rents the same sleeping room again.

(c)

For purposes of subsection (b) of this section, the terms rent or sub-rent mean the act of permitting a room to be occupied for any form of consideration.

(Ord. No. 2006-09, Sec. 18, adopted 8-15-06)

(a)

An employee of an adult cabaret while appearing in state of nudity, semi-nudity or simulated nudity commits an offense if he touches a customer or the clothing of a customer.

(b)

A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity, semi-nudity or simulated nudity.

(c)

A licensee or employee of an adult cabaret commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by walk through of the premises without entering a closed area excluding restrooms.

(Ord. No. 2006-09, Sec. 19, adopted 8-15-06)

(a)

A person who operates or causes to be operated a sexually-oriented business, other than an adult motel, which exhibits on the premises, in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(1)

Upon application of the sexually-oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted if granted. A professionally prepared diagram in the nature of an engineer's or architects' blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2)

The application shall be sworn to be true and correct by the applicant.

(3)

No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police of his designee.

(4)

The licensee commits an offense if he or she permits a manager's station to be unattended by an employee at any time a patron is present inside the premises.

(5)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's station. The view required in the subsection must be by direct line of sight from the manager's station.

(6)

The licensee commits an offense if he permits access to a customer of any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms.

(7)

The licensee commits an offense if he permits illumination of any area of the premises to which customers have access to be less than twenty (20) footcandles.

(8)

It shall be the duty of the owner's, operator and any agents and employees present on the premises to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this section.

(9)

It shall be the duty of the owners and operator and it shall be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(b)

A person having the duty under subsections (1) through (8) of subsection (a) above commits an offense if he knowingly fails to fulfill that duty.

(Ord. No. 2006-09, Sec. 20, adopted 8-15-06)

(a)

Public and employee restrooms in a sexually oriented business shall not, at any times, contain or be used for sexually oriented business activity, video reproduction equipment, or sexually oriented merchandise.

(b)

An adult arcade, adult bookstore, adult video store, adult novelty store, adult service establishment, adult cabaret, adult theater, adult motion picture theater, nude model parlor, sex parlor and sexual encounter center shall at all times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement:

"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [designation of the type of activity licensed to be conducted] IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or "NO PERSON UNDER TWENTY-ONE YEARS ALLOWED ENTRY," if alcohol is served].

(c)

During hours of darkness when a sexually oriented business is in operation, all required parking and all outdoor pedestrian areas on the premises of the sexually oriented business shall be lighted to an intensity of not less five (5) footcandles measured as ground level.

(Ord. No. 2006-09, Sec. 21, adopted 8-15-06)

Any person who violates any of the provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed two thousand dollars ($2,000.00) for each offense affecting zoning, fire safety or public health and sanitation, and five hundred dollars ($500.00) for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 2006-09, Sec. 22, adopted 8-15-06)

(a)

A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain, any of the following:

(1)

Human sexual intercourse, masturbation or sodomy;

(2)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;

(3)

Less than completely and opaquely covered human genitals, buttocks or that portion of the female breasts below the top of the areola; or

(4)

Human male genitals in a discernable turgid state, whether covered or uncovered.

(b)

In this section display means to locate an item in such a manner that, without obtaining assistance from an employee or the business establishment:

(1)

It is available to the general public for handling and inspection; or

(2)

The cover or outside packaging on the item is visible to members of the general public.

(Ord. No. 2006-09, Sec. 23, adopted 8-15-06)

It is a defense to a prosecution under Sections 4, 5 and 16 that a person appearing in a state nudity, semi-nudity, or simulated nudity did so in a modeling class operated:

(1)

By a proprietary school licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college or university supported entirely or in part by taxation; or

(3)

In a structure:

a.

Which has no sign or other advertising visible from the exterior of the structure indicating a nude, semi-nude or simulated nude person is available for viewing; and

b.

Where in order to participate in a class a student must enroll at least three days in advance to the class; and

c.

Where no more than one (1) nude, semi-nude or simulated nude model is on the premises at any one (1) time.

(Ord. No. 2006-09, Sec. 24, adopted 8-15-06)

A person who operated or causes to be operated a sexually-oriented business without a valid license or in violation of the Bowie Zoning Ordinance is subject to a suit for injunction as well as prosecution for criminal violations.

(a)

The planning and zoning commission shall serve as a license appeal board and shall have the power to rule on the appropriate disposition of application for exemptions from location restrictions for sexually oriented businesses set forth in Section 4. The license appeal board shall follow the rules and procedures set forth in this section.

(b)

If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation section 4, the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the Chief of Police a written request for an exemption from the location restrictions.

(c)

If the written request is filed with the chief of Police within the ten-day limit, a license appeal board shall consider the request. The chief of police shall set a date for the hearing within sixty (60) days from the date the written request is received.

(d)

A hearing by the board may proceed only if five of the board members are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(e)

The license appeal board may grant an exemption from the location restrictions of section 4 if it makes the following findings:

(1)

That the location of the sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or wellfare;

(2)

That the location of the sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban life;

(3)

That the location of the sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and

(4)

That other applicable provisions of this ordinance will be observed.

(f)

In making the findings specified in section 27, the board shall take into account, among other things:

(1)

Crime statistics of the location and its one hundred-foot radius without regard to city boundaries maintained by the appropriate law enforcement agency for the previous six-month;

(2)

Montague County Appraisal District appraisals for the location and its one hundred-foot radius, without regard to city boundaries taking into account any decline or increase in property values;

(3)

Vacancy rates of residential, commercial, or other space within the surrounding one thousand-foot radius, without regard to city boundaries; and

(4)

Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal, or restoration for any property located within one thousand-foot radius, without regard to city boundaries.

(g)

The board shall grant or deny the exemption by majority vote. Failure to reach a majority vote approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of preponderance of the evidence. The decision of the license appeal board is final.

(h)

If the board grants the exemption, the exemption is valid one year from the date of board's action. Upon the expiration of the exemption, the sexually oriented business is in violation of the location restrictions in section 7 until the applicant applies for and receives another exemption.

(i)

If the board denies the exemption, the applicant may not reapply for an exemption until twelve (12) months have elapsed since the date of the board's action.

(j)

The grant of an exemption does not exempt the applicant from any provisions of this ordinance other than the location restrictions.

(Ord. No. 2006-09, Sec. 26, adopted 8-15-06)

Section 4 may be amended only after compliance with procedure is required to amend zoning ordinance. All other sections of this ordinance may be amended by an ordinance approved by the city council.

(Ord. No. 2006-09, Sec. 27, adopted 8-15-06)

This ordinance shall be cumulative of all provisions of ordinances of the city of bowie, texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

(Ord. No. 2006-09, Sec. 28, adopted 8-15-06)

It is hereby declared that it is the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not effect any of the remaining phrases, clause, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section

(Ord. No. 2006-09, Sec. 29, adopted 8-15-06)

All rights and remedies of the City of Bowie are expressly saved as to any and all violations of any other ordinances establishing regulations for sexually oriented businesses in the City of Bowie that have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigations, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be effected by this ordinance but may be prosecuted until final disposition by the courts.

(Ord. No. 2006-09, Sec. 30, adopted 8-15-06)

The city secretary of the City Bowie is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and operative provisions of this ordinance are as so published shall be admissible in evidence in all courts without further proof than the production thereof.

The city secretary of the City of Bowie is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause, publication clause and effective date clause in the minutes of the city council and by filing the ordinance in the ordinance records of the city.

The city secretary of the City of Bowie is hereby directed to publish in the official newspaper for the city, caption, penalty clause, publication clause and effective date clause of this ordinance as authorized by Section 52.011 of the Local Government Code.

(Ord. No. 2006-09, Sec. 31, adopted 8-15-06)

This ordinance shall be in full force and effect from and after its passage and publication is required by law, and it is so ordained.

(Ord. No. 2006-09, Sec. 32, adopted 8-15-06)