The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Nudity or state of nudity means the appearance of human bare buttocks, anus, male genitals, female genitals, or female breasts; or a state of dress which fails to opaquely cover a human buttocks, anus, male genitals, female genitals, or the areola of female breasts.

Sexually oriented business means and includes the following:

(1)

Adult cabaret or theater. Any nightclub, bar, restaurant, theater, concert hall, auditorium, or other similar commercial establishment which regularly features performances by persons who are in a state of nudity, or who expose, engage in, or depict specified anatomical areas or specified sexual activities.

(2)

Adult motel. Any hotel, motel, or similar commercial establishment which:

a.

Offers accommodations to the public for any form of consideration providing patrons with closed circuit television transmissions, films, motion pictures, video cassettes, digital video disks, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, so long as such hotel, motel, or commercial establishment has a sign visible from the public right-of-way which advertises the availability of these sexually oriented movies, photographs, or reproductions;

b.

Offers sleeping rooms for rent for a period of time that is less than ten hours; or

c.

Allows a tenant or occupant of one sleeping room to subrent the room for a period of time of less than ten hours.

(3)

Adult video store and adult novelty store. Any commercial establishment which as its principal business offers for sale or rental for any form of consideration any books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, video reproductions, digital video disks, or other photographic reproductions which depict or describe specified sexual activities or specified anatomical areas (as defined below) or any commercial establishment which offers, as its principal business, the sale or rental of devices or paraphernalia which are designed for use in connection with specified sexual activities (as defined below).

(4)

Escort agency. A person or business association which furnishes, offers to furnish, or advertises to furnish escorts to act as a companion or date for another person for a fee, tip, or other consideration. The term "escort agency" includes any agency which offers to privately model lingerie or perform a striptease for another person and also includes any modeling studio where the model appears in a state of nudity or displays specified anatomical areas for any form of money or other consideration. The term "escort agency" does not include art galleries, art schools, or painting classes which are for the advancement of cultural, educational, or scientific studies.

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

Specified sexual activities means and includes the following:

(1)

The fondling or other erotic touching of human genitalia, pubic region, buttocks, anus or female breasts;

(2)

Sexual acts, either actual or simulated, including intercourse, oral copulation and sodomy;

(3)

Masturbation, actual or simulated;

(4)

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

(Code 1996, 153.120; Ord. No. 204, 6-12-2003)

Notwithstanding any other provision herein, no sexually oriented business shall be established or maintained within 500 feet of the boundary of any property classified as District R-1, District R-2, District B or District C under the provisions of section 153.015.

(Code 1996, 153.121; Ord. No. 204, 6-12-2003)

In addition to the provisions of section 153.121, no sexually oriented business shall be established or maintained within 1,500 feet of the property line of a lot with any of the following uses:

(1)

Any public or private kindergarten, elementary or secondary school or registered day care center;

(2)

Any church;

(3)

Any park or public area maintained by the city government.

(Code 1996, 153.122; Ord. No. 204, 6-12-2003)

(a)

No sexually oriented business shall be established or maintained within 1,000 feet of another sexually oriented business.

(b)

No sexually oriented business shall be established, maintained or enlarged in the same building or structure containing another sexually oriented business.

(Code 1996, 153.123; Ord. No. 204, 6-12-2003)

Measurements as provided for in this subchapter shall be made in a straight line without regard to intervening structures or objects, from the nearest portion of the building or lot structure used as part of the premises where sexually oriented business is conducted to the nearest point or on the lot line of any prohibited area as described herein.

(Code 1996, 153.124; Ord. No. 204, 6-12-2003)

All sexually oriented businesses must obtain a license from the city. The license shall be on a form prescribed by the city manager. The application for the license shall be on a form prescribed by the city manager and must include the following:

(1)

The name, address, email address and telephone number of the applicant;

(2)

Whether the applicant meets each of the requirements as set forth below for the issuance of the license;

(3)

The name, address, email address and telephone number of each person required to sign the application as well as the name, address, email address, telephone number and type of entity (if applicable) of each person or entity owned or controlled by such person that owns or controls an interest in the business to be licensed; and

(4)

Such other matters, consistent with this subchapter, as may be specified in the application form. The application shall be accompanied with 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 of the interior of the premises to the accuracy of plus or minus six inches.

(5)

If the person who is applying for a license to operate a sexually oriented business is an individual, the individual must sign the application as the applicant. If the applicant is an entity rather than an individual, each individual who has a 20 percent or greater interest in the entity must sign the application for the license as an applicant. Each signatory on the application must be qualified as required below.

(Code 1996, 153.125; Ord. No. 204, 6-12-2003)

(a)

Inspection. Prior to the issuance of any license, the premises upon which the business is to be conducted shall be inspected by and found to be in compliance with the law by the chief of police, the fire marshal, the code compliance officer, and the health office, or their duly authorized representatives.

(b)

Requirements.

(1)

Any applicant to be entitled to receive a license must:

a.

Be over the age of 18;

b.

Not be delinquent in the payment of any city taxes, fees, fines, or penalties assessed or imposed against the applicant or the applicant's spouse in relation to any commercial establishment;

c.

Provide a consent for a criminal history to be conducted by the police department. It shall be grounds for denial of a license that any individual executing the application, or any entity executing the application, shall have been convicted of any felony; any offense involving moral turpitude; any offense under V.T.C.A., Penal Code ch. 43; any offense under V.T.C.A., Penal Code ch. 21 prohibiting public lewdness, indecent exposure, indecency with a child; any offense under V.T.C.A., Penal Code ch. 22 including aggravated sexual assault, sexual assault, incest, solicitation of a child, or harboring a runaway (as prohibited by V.T.C.A., Penal Code ch. 25); or any attempt, criminal conspiracy, or solicitation to commit any of these offenses.

(2)

In the event that the applicant or any signatory on the application, or any of them, have been convicted of any of these offenses, it shall be grounds for denial of the application. The fact that a conviction is on appeal shall not constitute grounds for avoiding this prohibition. If the individual has been placed upon deferred adjudication, the city manager shall have the right to evaluate the facts of the individual case and, in the event that the facts of the case are, in the judgment of the city manager, of such a nature as to impair good moral character of the applicant, the city manager shall deny the license.

(c)

License fee. The license fee for a sexually oriented business shall be an annual fee as currently established or as hereafter adopted by resolution of the city council from time to time.

(d)

Display of license. The license, if granted, shall state on its face the name of the person to whom the license is granted, the expiration date, and the address of the sexually oriented business. It shall be placed in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

(Code 1996, 153.126; Ord. No. 204, 6-12-2003)

The licensee shall permit representatives of the city to inspect the premises of a sexually oriented business for the purpose of insurance compliance with the law at any time it is occupied or open for business. Any person who operates a sexually oriented business or is employed at a sexually oriented business, commits an offense if they refuse to permit a lawful inspection of the premises by a representative of the city at any time that it is occupied or open for business. The provisions of this section do not apply to the areas of a motel that are currently rented by a customer for use as a permanent or temporary habitation.

(Code 1996, 153.127; Ord. No. 204, 6-12-2003)

Each license shall expire one year from the date of its issuance. The license may be renewed only by making an application for a renewal. The application for renewal shall be made at least 30 days prior to the expiration date and must contain the same requirements as in the original application. In addition, the application for renewal shall reflect any arrest made by the city police department on the premises of the sexually oriented business at any time during the term of the operation, as well as any criminal offenses occurring on the premises of the sexually oriented business which have resulted in an investigation by the city police department during the term of the original license.

(Code 1996, 153.128; Ord. No. 204, 6-12-2003)

If the city manager finds that, subsequent to the issuance of a license, the licensee has violated any provision of this subchapter, refused to allow the inspection of the premises, knowingly permitted gambling by any person on the premises of the sexually oriented business, permitted the consumption of alcoholic beverages upon the premises of the sexually oriented business, had one or more employees, representatives, agents, or servants on the sexually oriented business convicted of one of the offenses described in section 153.126, then, in such event, the city manager may:

(1)

Suspend the license of the sexually oriented business for a period of not less than 30 days; or

(2)

Revoke the license of the sexually oriented business.

(Code 1996, 153.129; Ord. No. 204, 6-12-2003)

If the city manager finds, following an investigation, any of the following, the license of the sexually oriented business shall be revoked:

(1)

The licensee gave false or misleading information in its application or its application for renewal;

(2)

The licensee gave false or misleading information to any representative of the city during any inspection;

(3)

The licensee has allowed the use, possession, or sale of any controlled substances on the premises;

(4)

The licensee has knowingly allowed prostitution on the premises;

(5)

The licensee has been convicted of an offense involving moral turpitude during the term of the license;

(6)

The licensee, its agents or employees have knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur on the licensed premises. The term "sexual contact" shall have the same meaning as defined in V.T.C.A., Penal Code § 21.01;

(7)

The licensee is delinquent in the payment of any taxes, fees, sales taxes, or other charges by the city or any other governmental entity having jurisdiction.

(Code 1996, 153.130; Ord. No. 204, 6-12-2003)

If a license is suspended or revoked, the licensee shall have the right to appeal this suspension or revocation to the city council. Such appeal shall be by written notice and must be filed within 15 days of the suspension, denial of license, or revocation of license. The licensee shall bear the burden of proving its entitlement to the license.

(Code 1996, 153.131; Ord. No. 204, 6-12-2003)

A licensee shall not be entitled to transfer its license.

(Code 1996, 153.132; Ord. No. 204, 6-12-2003)

No sign that is visible from the exterior of the structure and no other advertisement that portrays nudity or a state of nudity is allowed.

(Code 1996, 153.133; Ord. No. 204, 6-12-2003)

The city may enforce this subchapter by injunction against any person who operates or causes to be operated a sexually oriented business in violation of this subchapter.

(Code 1996, 153.134; Ord. No. 204, 6-12-2003)

Any person who violates or fails to comply with the requirements of this chapter or who builds or alters any building in violation of any plan or statement submitted and approved hereunder, shall be guilty of a misdemeanor. The owner of any building or premises or part thereof, where anything in violation of this chapter shall be placed or shall exist shall be guilty of a separate offense.

(Code 1996, 153.999; Ord. No. 0002, 12-14-1995; Ord. No. 204, 6-12-2003)