Godley City Zoning Code

SEXUALLY ORIENTED

BUSINESSES

§ 154.070 PURPOSE AND INTENT.

(A) The Texas Legislature has found that the unrestricted operation of certain sexually oriented businesses may be detrimental to the public, health, safety and welfare by contributing to the decline of residential and business neighborhoods and the growth of criminal activity. Tex. Loc. Gov’t Code, § 243.001(a). The purpose of this chapter to regulate sexually oriented businesses is to promote the health, safety, morals and general welfare of the citizens of the city, to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city, to deter sexually related criminal activity occurring in and around sexually oriented businesses and to protect the health of patrons and employees of the businesses from sexually transmitted diseases. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.

(B) It is the intent of the City Council that the locational regulations of § 154.082 below are promulgated pursuant to Tex. Loc. Gov’t Code, Ch. 243 as they apply to a sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel or other similar commercial enterprise 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 the customer. It is the intent of the City Council that all other provisions of this chapter are promulgated pursuant to the Godley City Charter and Tex. Loc. Gov’t Code, Ch. 243 and Ch. 215, Subchapter B.

(C) It is the intent of the City Council to protect and preserve the health, safety and welfare of the patrons of "adult oriented establishments," as well as the health, safety and welfare of the town’s citizens. Statistics and studies performed by a substantial number of cities and towns in the United States and research by the Sexually Oriented Businesses Task Force indicate the following:

(1) Large numbers of persons, primarily male, frequent such "adult oriented establishments," especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called "adult" motion pictures and/or video tapes and/or live entertainment;

(2) Such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such "adult oriented establishments" for the purpose of engaging in certain sexual acts;

(3) Male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of the establishments within the booths, cubicles and rooms;

(4) Doors, curtains, blinds and/or other closures installed in or on the entrances and/or exits are in use encourage patrons using the booths, cubicles, studios and rooms to engage in sexual acts therein with prostitutes and/or with other members of the same sex, thereby promoting and encouraging prostitution and the commission of sexual acts which cause blood, semen and urine to be deposited on the floor and/or walls of the booths, cubicles, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come into contact with the deposits;

(5) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B arnebiasis, salmonella infections and shigella infections;

(6) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by HIV in the United States;

(7) The U.S. Surgeon General in his October 22, 1986 report advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn;

(8) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts;

(9) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and operators of the facilities to self-regulate those activities and maintain those facilities;

(10) A reasonable licensing scheme is an appropriate mechanism to know the true identity of the owners, operators and employees, their criminal background (since someone convicted a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this subchapter or other laws), identifies potential witnesses or suspects and by preventing minors from working in the establishments;

(11) That there is an increasing commercial exploitation of human sexuality by owners and operators of commercial establishments where alcoholic beverages are served or offered for sale for consumption on the premises, or where alcoholic beverages are permitted to be consumed;

(12) That the exploitation takes place in the form of employing or permitting persons to perform or exhibit their nude or semi-nude bodies to other persons as an inducement to such other persons to purchase alcoholic beverages or to consume alcoholic beverages while on the premises;

(13) The exploitation is further often accompanied by serious and dangerous criminal activity, such as the possession or use of controlled substances, the proliferation of drug-related activity, prostitution, disorderly conduct, assaults and the like;

(14) That the direct result of the exploitation in the context of the location where it is permitted (i.e., where alcohol is served or consumed) threatens the preservation of property values of adjoining and adjacent properties and neighborhoods;

(15) That the direct result of the exploitation is the moral degradation and disturbances of the peace and good order of the community;

(16) The commercial exploitation of the nude and semi-nude acts are adverse to the public’s interest and the quality of life, tone of commerce and total community environment in the city;

(17) The hour restrictions on private clubs in Texas under the current Alcoholic Beverage Commission were originally adopted to "safeguard the welfare, safety and temperance of the people of Texas," and we hereby find that the hours when applied to sexually oriented businesses equally safeguard the welfare and safety of the citizens of the city;

(18) The important governmental interests of the prevention of crime and prevention of disease (such as the City of Chattanooga presented evidence of high crime and health risks which supported that city’s adoption of City Code Section 11-435(d) as outlined in DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997)) are furthered by the prohibition of touching between the sexually oriented business employees and customers and when a six-foot buffer zone is established;

(19) The reasonable regulation and supervision of the adult oriented establishments tends to discourage such sexual acts and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of the establishments;

(20) The continued unregulated operation of adult oriented establishments including, without limitation, those specifically cited in this provision, is and would be detrimental to the general welfare, health and safety of the citizens of the city;

(21) The above findings raise substantial governmental concerns;

(22) Such reasonable regulations are within the powers granted to the city by the Constitution and laws of the state in order to protect the public health, safety and welfare and have been enacted by this subchapter without any intention of limiting or restricting the contents of any communicative materials or of denying or restricting the rights of any adult to obtain, view, distribute, exhibit or sell any sexually oriented materials protected by the United States and/or State Constitution;

(23) The place restrictions hereinafter in accordance with powers granted to the city by the Constitution and laws of the state including Tex. Loc. Gov’t Code, Ch. 243; such regulations will provide needed protection to the community from the adverse effects of sexually oriented businesses without depriving the businesses of adequate opportunities to locate within the city for this subchapter satisfies City of Renton, Woodall and other case law for this subchapter translates into five and eight-tenths percent of the city being available to the businesses as reasonable alternative avenues of communication; and

(24) In order to reduce the secondary effects of sexually oriented businesses, regulation of signage is necessary to protect the health, safety and welfare of the public.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.071 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADULT ARCADE. 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 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. 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:

(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. A nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1) Persons who appear in a state of nudity;

(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. A hotel, motel or similar commercial establishment which:

(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, 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"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;

(2) Offers a sleeping room for rent for a period of time that is less than ten 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 hours.

ADULT MOTION PICTURE THEATER. 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 TANNING SALONS. A business or commercial enterprise that, as one of its primary business purposes, furnishes, offers to furnish or advertises to furnish anyone who appears in a state of nudity or displays "specified anatomical areas" for a fee, tip or other consideration.

ADULT THEATER. 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."

CHURCH. 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.

CUSTOMER. Any person who:

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

(2) Enters a sexually oriented business 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 sexually oriented business operating as a private club.

EMPLOYEE. Any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not that person is paid a salary, wage or other compensation by the operator of the business or who receives or has the expectation of receiving any compensation from the operator or customers of the business. By the way of example, rather than limitation, the term includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation and service personnel, door persons, bouncers and cashiers. It is expressly intended that these definitions cover not only conventional employer-employee relationships but also independent contractor relationships, agency relationships, and any other scheme or systems whereby the EMPLOYEE has an expectation of receiving compensation, tips or other benefits from the business or its customers in exchange for services performed. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for delivery of goods to the premises.

ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie, garments, apparel, devices or other such items or who agrees or offers to privately perform a striptease for another person.

ESCORT AGENCY. 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. And includes any of the following:

(1) The opening or commencement of 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;

(4) The relocation of any sexually oriented business; or

(5) A location and place of business.

HISTORIC DISTRICT. A historic overlay zoning district as defined in the Zoning Code, as amended.

LICENSED DAY-CARE CENTER. A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than six children under fourteen years of age, where the children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the service it offers.

LICENSEE. 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.

NUDE STUDIO or MODELING STUDIO. Any place where 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.

OPERATES OR CAUSES TO BE OPERATED. 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.

NUDITY or a STATE OF NUDITY.

(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.

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

(3) This definition shall not include a mother in the act of nursing her child.

PARK. Publicly owned or publicly leased tracts of land, whether situated in the city or not, designated, dedicated, controlled, maintained and operated for use by the general public for active or passive recreational or leisure purposes by the city or any political subdivision of the state and containing improvements, pathways, access or facilities intended for public recreational use. The term PUBLIC PARK shall not include parkways, public roads, rights-of-way, esplanades, traffic units, easements or traffic triangles unless the tracts or areas contain and provide improvements or access to a recreational or leisure use by the public. A current list of public parks shall be compiled and revised by the Director of the Community Service’s Secretary.

PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.

POLICE CHIEF. The Police Chief of the City of Godley or his or her designated agent.

RESIDENTIAL DISTRICT. A single family, duplex, townhouse, multiple family, mobile home or HUD Code Manufactured Home zoning district as defined in the Zoning Ordinance. This definition shall apply to residential districts whether situated within the city or not.

RESIDENTIAL USE. A bed and breakfast inn, boarding house or rooming house, caretaker’s or guard’s residence, condominium, duplex, industrial housing, manufactured home, mobile home, multiple family dwelling (apartment), single family dwelling (attached), single family dwelling (detached) or town home as defined and explained in the Godley Zoning Ordinance and shall include premises which contain habitable rooms for nontransient 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. This definition shall apply to residential use whether situated within the city or not.

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 or private schools used for primary or secondary education, in which any regular kindergarten or grades one through 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 grades one through 12 classes.

SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks and any part of the female breast below the top of the areolae, as well as portions of the body covered by supporting straps or devices.

SEXUAL ENCOUNTER CENTER. 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.

(1) A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, adult cabaret, escort agency or other commercial enterprise 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 the customer.

(2) For the purposes of § 154.082, this definition shall apply to sexually oriented businesses whether situated within the city or not. Under this definition, a SEXUALLY ORIENTED BUSINESS does not include:

(a) A business operated by and employing or contracting with a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist or licensed barber engaged in performing functions authorized under a state license;

(b) A business operated by and employing or contracting with a licensed tattooist or tanning shop operator engaged in performing functions authorized under a state license for a tattoo parlor or tanning salon;

(c) A business operated by and employing or contracting with a state licensed physician or licensed chiropractor engaged in practicing the healing arts;

(d) A business operated by and employing or contracting with a state licensed massage therapist who practices or offers massage engaged in performing the functions authorized by the license;

(e) A school, which is accredited or certified by a national academic accreditation organization, and which maintains an educational program training persons the necessary skills and knowledge to obtain a state issued license as a psychologist, physical therapist, athletic trainer, cosmetologist, tattooist, artist, barber, physician, chiropractor or massage therapist;

(f) A person appearing nude in a modeling class:

1. Operated by a proprietary school licensed by the state; a college, junior college or university supported entirely or partly by taxation; or by a private college or university or junior college which maintains and operates educational programs in which credits earned are transferable to a college, junior college, or university supported entirely or partly by taxation;

2. In a structure which has no sign visible from the exterior of the structure advertising that a nude person is available for viewing;

3. In order to participate in the class a student must enroll at least three days prior to the class; and

4. Where there is no more than one nude model on the premises at any one time.

(g) Any activity, business, presentation, expression, material, film, video tape, photographic slide, CD-ROM disk, floppy diskette, book or device, which when taken as a whole has or contains serious literary, artistic, political or scientific value.

(3) For the purposes of determining whether a commercial activity is a SEXUALLY ORIENTED BUSINESS under this chapter, the relevant inquiry shall be as to the nature of the primary business at the premises. Therefore it is immaterial and irrelevant that: some ancillary activity may occur as an incident to the otherwise adult activity, such as but not limited to, tanning, garment modeling, exercise, massage or other simultaneously or in conjunction with one of the activities expressly identified hereinabove as constituting a SEXUALLY ORIENTED BUSINESS if, the activity taken as a whole appeals to the prurient interest in sex and is intended to sexually stimulate or sexually gratify any person, notwithstanding the presence of the ancillary activity; or, any particular word or term is or is not associated with or utilized in the name or description of an enterprise or establishment, including but not limited to the words: spa, sauna, center, studio, parlor, theater, cabaret, club, review, shop, gymnasium, pool, hall, salon, store, lounge, arcade, service, agency or company.

SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.

SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2) Sex acts, normal or perverted, actual or simulated, including intercourse or copulation, or sodomy;

(3) Masturbation, actual or simulated; or

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

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor area occupied by the business by more than 25%, as the floor area exists on December 31, 1998.

TOPLESS. A female clothed in a manner that simulates or leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. 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. 12-3-98, passed 12-3-1998)

§ 154.072 CLASSIFICATION.

Sexually oriented businesses are classified as follows:

(A) Adult arcades;

(B) Adult bookstores or adult video stores;

(D) Adult motels

(E) Adult motion picture theaters;

(F) Adult theaters;

(G) Escort agencies;

(H) Nude studios;

(I) Modeling studios;

(J) Love parlors;

(K) Sex parlors;

(L) Sexual encounter centers; or

(M) Adult tanning salons.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.073 LICENSE REQUIRED; IDENTIFICATION CARD REQUIRED AND ISSUANCE AND DISPLAY OF THAT CARD.

(A) A person commits an offense if he or she operates a sexually oriented business without a valid license, issued by the city for the particular type of business. A separate application and permit shall be required for each such business.

(B) An application for a license must be made on a form provided by the Police Chief. 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 designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with § 154.088 below shall submit a diagram meeting the requirements of § 154.088 below.

(D) If a person who wishes to operate a sexually oriented business is an individual, he or she 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 ten percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 154.074 below and each applicant shall be considered a licensee if a license is granted.

(E) An applicant shall be required to give the following information on the application form:

(1) The legal name and any other names (including all aliases and "stage names") used by the intended operator(s) and the owners; street address and mailing address (if different) and driver’s license number of the intended operator(s) and the owners;

(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 sexually oriented business;

(4) The address and legal description of the tract of land on which the sexually oriented business is to be located;

(5) If the sexually oriented business is in operation, the date on which the owner(s) acquired the sexually oriented business for which the permit is sought, and the date on which the sexually oriented business began operations as a sexually oriented business at the location for which the permit is sought;

(6) If the sexually oriented business is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit.) If the expected startup date is to be more than ten days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the unexpected delay and a statement of the owner’s time schedule and plan for accomplishing the same;

(7) The application shall be accompanied by the following:

(a) A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Tex. Rev. Civ. Stat., Annotated, Business and Commerce Code, Chapter 36) if the sexually oriented business is to be operated under an assumed name;

(b) If the sexually oriented business is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

(c) If the sexually oriented business is a foreign corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

(d) If the sexually oriented business 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 Secretary of State under the Texas Limited Partnership Act (Article 6132a Vernon’s Texas Civil Statutes);

(e) Proof of the current fee ownership of the tract of land on which the sexually oriented business is to be situated in the form of the recorded deed; and

(f) If the person identified as the fee owner(s) of the tract of land in division (E)(7)(e) above are not also the owners of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business for the purpose of the operation of the sexually oriented business;

(8) A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct and that the applicant has read the provisions of this subchapter.

(F) The applicant must state on the application for a license which single type of sexually oriented business, as listed in § 154.072 above, the applicant will be operating. Operating any other type of sexually oriented business at this location is a violation according to the provisions of this chapter.

(G) A person who operates a sexually oriented business, as listed in § 154.072 above, or his or her agent or employee, commits an offense if he or she operates this business without maintaining on site at the sexually oriented business, a current roster of all employees along with a copy of a completed, updated identification card application for each employee; each application must have been approved by the Police Chief and on file at City Hall with the City Secretary. The roster shall be kept in a bound book of pages; the binding may be of glue, cloth, staples, wire spiral or loose leaf pages in a ring binder. The roster shall be available for inspection by representatives of the health, fire, police and code or Building Inspections Department in the course of any inspection of the premises. It is an offense to fail or refuse to have and maintain an accurate roster, or to fail or refuse to produce it for inspection upon verbal request by one authorized to inspect the premises.

(H) It shall be unlawful for any person to act as an employee for any sexually oriented business in the city unless the person first obtains and continues to maintain in full force and effect an identification card from the city as herein required. All potential employees of sexually oriented businesses must comply with division (I) below, and §§ 154.075(C), 154.077, 154.078, 154.079, 154.084, 154.085, 154.086 and 154.087 below, and not be in violation of § 154.074(A)(1), (A)(3), (A)(4), (A)(5), (A)(6), (A)(8) below before being issued an identification card to work at the sexually oriented business. A valid driver’s license, state identification card or passport, all with a photo, shall be required to be presented with all identification card applications. Each applicant must include his or her legal name and any other names (including all aliases and "stage names") used by the applicant. Application forms will be provided by the Police Chief and determination of compliance must be made by the Police Chief within 30 days from the date the application was filed at Godley City Hall with the City Secretary. The identification card will be issued and the application placed on file at the City of Godley City Hall with the City Secretary unless the Police Chief finds the potential employee failed to comply with this division. The Police Chief, upon approving issuance of an identification card, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the fee and obtain the identification card. Each applicant must provide two copies of a recent photo when they arrive to pay the fee and obtain their identification card. The Police Chief’s approval of the issuance of an identification card does not authorize the applicant to work as an employee at a sexually oriented business until the applicant has paid all fees required by this chapter, obtained possession of the identification card and delivered a true and correct copy of the applicant’s identification card application to each sexually oriented business at which the applicant is an employee. The identification card, if granted, must state on its face the name and age of the person to whom it is granted, the expiration date, and include a photo identification of the person to whom it is granted. An identification card shall expire one year from the date of issuance and may be renewed only by filing an application in compliance with this division. The request for renewal must be made at least 30 days before the expiration of the identification card. When made less than 30 days before the expiration date, the expiration of the identification card will not be stayed. An identification card may be suspended, revoked and appealed in accordance with the procedures and standards of §§ 154.078, 154.079 and 154.080.

(I) No person may work for any sexually oriented business without having on his or her person at all times while at work an identification card issued by the Police Chief in division (H) above showing that he or she is currently licensed. The identification card shall be available at all times for inspection and shall be worn on the left breast of the employee during working periods. An employee shall not transfer his or her identification card to another person. While on the premises of a sexually oriented business, no one is allowed to wear another employee’s identification card.

(Ord. 12-3-98, passed 12-3-1998) Penalty, see § 154.999

§ 154.074 ISSUANCE OF LICENSE.

(A) The Police Chief shall a license to an applicant within 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 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 or imposed upon 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 has falsely answered 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 chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application;

(5) Any fee required by this chapter has not been paid;

(6) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 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 §§ 154.076, 154.081, 154.082, 154.084, 154.085, 154.086, 154.087, 154.088, 154.089, 154.090, 154.091, 154.092 or 154.093; and

(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 Tex. Penal Code, Ch. 43:

a. Prostitution;

b. Promotion of prostitution;

c. Aggravated promotion of prostitution;

d. Compelling prostitution;

e. Obscenity;

f. Sale, distribution or display of harmful material to minor;

g. Sexual performance by a child; and/or

h. Possession or promotion of child pornography.

2. Any of the following offenses as described in of the Tex. Penal Code, Ch. 21:

a. Public lewdness;

b. Indecent exposure; or

c. Indecency with a child.

3. Sexual assault or aggravated sexual assault as described in the Tex. Penal Code, Ch. 22;

4. Prohibited sexual conduct, enticing of a child, harboring a runaway child, or sale or purchase of a child as described in Tex. Penal Code, Ch. 25; or

5. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.

(b) For which:

1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3. Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

(B) The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant’s spouse under division (A) above.

(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (A)(8)(a) above may qualify for a sexually oriented business license only when the time period required by division (A)(8)(a) above has elapsed.

(D) The Police Chief, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The Police Chief’s approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this chapter and obtained possession of the license.

(E) The license, if granted, must 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. The license must 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.

(F) Next to the license a sign at least 24 inches square bearing red letters a minimum of two inches high on a white background 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 providing the following notice: "Indecent exposure, prostitution, public lewdness and other such acts are illegal on these premises. These laws are strictly enforced and violators will be prosecuted to the full extent of the law. Therefore, you could receive up to one year in prison and be fined up to $4,000 if convicted of a Class A Misdemeanor."

(Ord. 12-3-98, passed 12-3-1998)

§ 154.075 FEES.

(A) The annual fee for a sexually oriented business license in an amount set by the City Council and maintained in the city's master fee schedule shall be divided into equal quarterly payments. A quarter shall be a calendar quarter, dividing the year into three-month increments, beginning with January, February and March as the first quarter. Each quarterly payment shall be made with the application submitted prior to operating the sexually oriented business for that quarter. For subsequent quarters, the applicant must resubmit the abbreviated application form, to be provided by the city, at least 30 days before the expiration date of the quarter in which the business is operating. 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. An inspection under § 154.076 below shall occur after the filing of the abbreviated application form. The fee shall be due regardless of the time of commencement of operations within a given quarter. There shall be no prorating of the required fee for a sexually oriented business that begins operations within a quarterly period.

(B) In addition to the fees required by division (A) above, an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee in an amount set by the City Council and maintained in the city's master fee schedule for the city to conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions set for the § 154.082 below.

(C) The annual fee for an identification card in an amount set by the City Council and maintained in the city's master fee schedule shall be paid upon issuance of the identification card under § 154.073(H) above.

(Ord. 12-3-98, passed 12-3-1998; Ord. 05-19-2020-MASTER, passed 5-19-2020)

§ 154.076 INSPECTION.

(A) An application or licensee shall permit representatives of the Police Department, Health Department, Fire Department and Building Inspection Division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

(B) A person who operates a sexually oriented business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the Police Department, Health Department, Fire Department or Building Inspection Division at any time it is occupied or open for business.

(C) 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. 12-3-98, passed 12-3-1998)

§ 154.077 EXPIRATION OF LICENSE.

Each license expires one year from date of issuance, except that a license issued pursuant to a locational restriction expires on the date the exemption expires. A license may be renewed only by making application as provided in § 154.073. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration of the license will not be affected by the pendency of the application.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.078 SUSPENSION.

The Police Chief shall suspend a license for a period not to exceed 30 days if he or she determines that a licensee or an employee of a licensee has:

(A) Violated or is not in compliance with §§ 154.076, 154.081, 154.082, 154.084 through 154.092 of this chapter;

(B) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;

(D) Knowingly permitted gambling by any person on the sexually oriented business premises; or

(E) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officer.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.079 REVOCATION.

(A) The Police Chief shall revoke a license if a cause of suspension in § 154.078 above occurs and the license has been suspended within the preceding 12 months.

(B) The Police Chief shall revoke a license if the Police Chief determines that:

(1) A licensee gave false or misleading information in the material submitted to the Police Chief during the application process;

(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;

(3) A licensee or an employee has knowingly allowed prostitution on the premises;

(4) A licensee or an employee 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 § 154.074(A)(8)(a) for which the time period required in § 154.074(A)(8)(b) has not elapsed;

(6) On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in § 154.074(A)(8)(a) for which a conviction has been obtained, and the person or persons were employees of 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 Tex. Penal Code, § 21.01; 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.

(D) Division (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 Police Chief revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (B)(5), an applicant may not be granted another license until the appropriate number of years required under § 154.074(A)(8)(b) has elapsed.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.080 APPEAL.

If the Police Chief denies the issuance or renewal of a license, or suspends or revokes license, the Police Chief shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension or revocation, the applicant or licensee whose application for a license or license renewal has been denied or whose license has been suspended or revoked has the right to appeal to the state district court. An appeal to the state district court must be filed within 30 days after the receipt of notice of the decision of the Police Chief. The applicant or licensee shall bear the burden of proof in court.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.081 TRANSFER OF LICENSE.

A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.082 LOCATION OF SEXUALLY ORIENTED BUSINESSES.

(A) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 250 feet of:

(1) A church;

(2) A school;

(3) A boundary of a residential or historic district as defined in this chapter;

(4) A public park;

(5) The property line of a lot devoted to a residential use as defined in this chapter;

(6) A hospital;

(7) Licensed day-care;

(8) Buildings and property owned or leased by the city, county, state or federal government; or

(9) Cemeteries.

(B) A person commits a misdemeanor if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.

(C) A person commits a misdemeanor if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.

(D) For the purposes of divisions (A) and (B) above, measurement shall be made in accordance with the city’s zoning ordinance.

(E) For purposes of division (B) above, 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.

(F) Any sexually oriented business lawfully operating on the passage of this subchapter that is in violation of divisions (A), (B) or (C) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 500 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(es) in nonconforming.

(G) A sexually oriented business fully 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, school, licensed day-care center, government building, cemetery or hospital within 250 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. 12-3-98, passed 12-3-1998)

§ 154.083 EXEMPTION FROM LOCATION RESTRICTIONS.

(A) If the Police Chief denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of § 154.082 above, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions of § 154.082 above.

(B) If the written request is filed with the City Secretary within the ten-day limit, the City Council shall consider the request. The City Secretary shall set a date for the hearing within 60 days from the date the written request is received.

(C) A hearing by the City Council may proceed if at least a quorum of the Council members are present. The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(D) The City Council may, in its discretion, grant an exemption from the locational restrictions of § 154.082 if it makes the following findings:

(1) The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

(2) The granting of the exemption will not violate the spirit and intent of this chapter of the city code;

(3) The location of a proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;

(4) The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any effort of urban renewal or restoration; and

(5) All other applicable provisions of this chapter will be observed.

(E) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final.

(F) If the City Council grants the exemption, the exemption is valid for one year from the date of the City Council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of § 154.082 above until the applicant applies for and receives another exemption.

(G) If the City Council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the City Council’s action.

(H) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of § 154.082 above.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.084 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.

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

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

(Ord. 12-3-98, passed 12-3-1998)

§ 154.085 ADDITIONAL REGULATIONS FOR NUDE STUDIO OR MODELING STUDIO.

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

(B) A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of a nude studio or modeling studio. It is a defense to prosecution under this division if the person under 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 or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude studio or modeling studio. It is a defense to prosecution under this division if the person was in a restroom not open to public view or persons of the opposite sex.

(D) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude studio or modeling studio premises which can be viewed from the public right-of-way.

(E) A nude studio or modeling studio shall not place or permit a bed, sofa, mattress or futon in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.086 ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE THEATERS.

(A) A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

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

(C) It is a defense to prosecution under divisions (A) and (B) above if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.

(D) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(E) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of the ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.087 ADDITIONAL REGULATIONS FOR ADULT MOTELS.

(A) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.

(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 or she rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or subrents the same sleeping room again.

(C) For purposes of division (B) above, the terms RENT or SUBRENT mean the act of permitting a room to be occupied for any form of consideration.

(D) Every act or omission by an employee constituting a violation of the provision of this subchapter shall be deemed that act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.

(E) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.088 EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS.

(A) In order to decrease the possibility of lewd behavior (such as anonymous, pubic sexual encounters which cause the spread of STDs and HIV), 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 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 for a 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 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 architect’s 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 inches. The Police Chief 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 Police Chief or his or her designee.

(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any 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 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 stations. The view required in this division must be by direct line of sight from the manager’s station.

(6) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, walls, curtains, partitions or any other opaque coverings, 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 division (A)(1) above.

(7) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five-foot candle as measured at the floor level.

(8) It shall be the duty of the owners and operator and it shall also 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 a duty under divisions (A)(1) through (8) above commits an offense if he or she knowingly fails to fulfill that duty.

(C) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.

(D) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provision of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.089 ADDITIONAL REGULATIONS PERTAINING TO VISIBILITY, CONTINUOUS WALLS AND ILLUMINATION AT ALL SEXUALLY ORIENTED BUSINESSES.

(A) Every sexually oriented business shall be physically arranged in a manner that the entire interior portion of any areas into which patrons are permitted access (including all booths, cubicles, rooms and stalls except adult motel rooms and toilet facilities) shall be clearly visible from the common areas of the premises and the visibility into such areas shall not be blocked or obscured by doors, screens, curtains, partitions, drapes, merchandise, display racks, other materials, or any other opaque obstruction whatsoever.

(B) All interior walls, partitions or other dividers of any areas into which patrons are allowed access (including all booths, cubicles, rooms and stalls except adult motel rooms and toilet facilities) shall be continuous from the floor to four feet high with no apertures, holes or other openings. This provision shall not apply to conduits for plumbing, heating, air conditioning, ventilation or electrical service, provided that conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas.

(C) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of all interior walls, partitions or other dividers of any areas into which patrons are allowed access and designating any area into which patrons will not be permitted. A professionally prepared diagram in the nature of an engineer architect’s 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 inches. The Police Chief 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. The application shall be sworn to be true and correct by the applicant. No alteration in the configuration or location of an interior wall, partition or other divider may be made without the prior approval of the Police Chief or his or her designee.

(D) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in division (A) above remains unobstructed by any doors, walls, curtains, partitions, any other opaque coverings, 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 division (C) above. It shall be the duty of the operators and owners and it shall also be the duty of any agents and employees present to ensure that the premises is monitored to assure that no openings are allowed to exist in violation of the division (B) above, and to ensure that no patron is allowed access to any portion of the premises where any opening exists in violation of division (B) above, until the opening has been repaired. It shall be unlawful for any owner, operator or manager of any enterprise to permit any employee to provide any entertainment to any customer in any separate area (any portion of the interior of a sexually oriented business which is separated from any other portion of the same business by any wall, partition or other divider) within an enterprise to which entry or access is blocked or obscured by any door, curtain or other barrier, regardless of whether entry to the separate area is by invitation, admission fee, club membership fee or any form of gratuity or consideration.

(E) The premises of the view area specified in division (A) above shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five-foot candle as measured at the floor level. The parking lot of every sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five-foot candle as measured at the ground level.

(F) It shall be the duty of the owners and operator and it shall also 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.

(G) A person having a duty under divisions (A) through (F) above commits an offense if he or she knowingly fails to fulfill that duty.

(H) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(I) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.090 ADULT CABARETS.

(A) An employee of an adult cabaret, while appearing in a state of nudity, commits an offense if he or she touches a customer or the clothing of a customer.

(B) A customer at an adult cabaret commits an offense if he or she touches an employee appearing in a state a nudity or clothing of the employee.

(C) Any dance, performance, exhibition or show by an employee of an adult cabaret, while appearing in a state of nudity or seminude, shall occur on a platform which is raised at least two feet from the level of the floor and the employee, while in the state of nudity or seminude, shall be at least six feet from any customer.

(E) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provision of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.091 WHERE ALCOHOLIC BEVERAGES ARE SERVED, CONSUMED OR OFFERED FOR SALE.

(A) It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the boundaries of the city, at which alcoholic beverages are served or offered for sale for consumption on the premises, or at which alcoholic beverages are permitted to be consumed:

(1) To suffer or permit any female person, while on the premises of the commercial establishment, to expose that area of the human female breast at or below the top of the areola thereof;

(2) To suffer or permit any female person, while on the premises of the commercial establishment, to use any device or covering which is intended to give the appearance of or simulate such portions of the human female breasts as described in division (A)(1) above;

(3) To suffer or permit any person, while on the premises of the commercial establishment, to expose his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage; or

(4) To suffer or permit any person, while on the premises of the commercial establishment, to use any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus, anal cleft or cleavage.

(B) It shall be unlawful for any female person, while on the premises of a commercial establishment located within the boundaries of the city, at which alcoholic beverages are served or offered for sale for consumption on the premises, or at which alcoholic beverages are permitted to be consumed, to expose that area of the human female breast at or below the top of the areola thereof, or to use any device or covering which is intended to give the appearance or simulate such areas of the female breast as described herein.

(C) It shall be unlawful for any person, while on the premises of a commercial establishment located within the boundaries of the city, at which alcoholic beverages are served or offered for sale for consumption on the premises, or at which alcoholic beverages are permitted to be consumed, to expose his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, or to use any device or covering which is intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.

(Ord. 12-3-98, passed 12-3-1998) Penalty, see § 154.999

§ 154.092 DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.

(A) A person commits an offense if, in a business establishment open to persons under the age of 17 years, he or she displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse the sexual lust or passion for commercial gain or to exploit sexual lust or perversion 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 breast below the top of the areola; or

(4) Human male genitals in a discernibly 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 of 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.

(D) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.093 HOURS OF OPERATION.

No sexually oriented business, except for an adult motel, may remain open at any time on Sunday between the hours of 1:15 a.m. and 1:00 p.m. or any other day at any time between the hours of 12:15 a.m. and 7:00 a.m.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.094 ENFORCEMENT.

(A) Except as provided by division (B) below, any person violating § 154.082, upon conviction, is punishable as a Class A misdemeanor by a fine not to exceed $4,000 for each offense and a separate offense shall be deemed committed upon each day during or on which violation occurs. Tex. Loc. Gov’t Code, § 243.010(b).

(B) If the sexually oriented business involved is an adult cabaret or other adult establishment not within the definition of Tex. Loc. Gov’t Code, § 243.002, then violation of § 154.082 of this chapter is punishable as a Class C misdemeanor.

(C) Any person violating a provision of the chapter other than § 154.082, upon conviction, is punishable by a fine not to exceed $500 as a Class C misdemeanor for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.

(D) It is a defense to prosecution under §§ 154.073(A), 154.082 or 154.085(D) that a person appearing in a state of 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 transferable to a college, junior college or university supported entirely or partly by taxation; or

(3) A structure:

(a) Which wass not visible from the exterior of the structure and has no other advertising that indicates a nude person is available for viewing;

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

(E) It is a defense to prosecution under § 154.073(A) or § 154.082 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.

(F) For a period of 18 months after passage of this subchapter, it is a defense to prosecution under § 154.088 if the sexually oriented business was in operation at its present location on the date of passage of this subchapter and that the business is working toward compliance with § 154.088 such that the business is projected to be in compliance by the end of 18 months after passage of this subchapter.

(G) For a period of 18 months after passage of this subchapter, it is a defense to prosecution under § 154.089 if the sexually oriented business was in operation at its present location on the date of passage of this subchapter and that the business is working toward compliance with § 154.089 such that the business is projected to be in compliance by the end of 18 months after passage of this subchapter.

(H) (1) Any sexually oriented business in operation on the date of passage of this subchapter will be entitled to 30 days to fully complete an application for a license.

(2) During the 30 days, the business will be granted a grace period regarding enforcement of this chapter. Moreover, if the application is completed in full during the 30-day period, then this period shall be extended to the business until the licensing decision is made under § 154.074 above by the Police Chief.

(I) The revocation or suspension of any license 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 license.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.095 INJUNCTION.

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.096 AMENDMENT OF THIS SUBCHAPTER.

Sections 154.082 and 154.083 above may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this chapter may be amended by vote of the City Council.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.097 PROVIDING FOR GOVERNMENTAL IMMUNITY.

All of the regulations provided in this subchapter are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any city official or employee charged with the enforcement of this subchapter, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties.

(Ord. 12-3-98, passed 12-3-1998)

§ 154.999 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

(B) Any violation of §§ 154.001 through 154.059 shall be a misdemeanor and each day that the violation occurs shall be a separate misdemeanor and the penalty for violating the provisions of this code shall be a fine not to exceed $200.

(C) Any person, firm, corporation, agent or employee thereof who violates this provision of §§ 154.070 through 154.097 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed $4,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. 3-86, passed 6-12-1986; Ord. 12-3-98, passed 12-3-1998)