The purpose of this subchapter is to:

(A)

To protect the public health, safety and welfare by preventing the decline of residential and business neighborhoods and the growth of criminal activity; and

(B)

To promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city; and

(C)

To avoid imposing a limitation or restriction of the content of any communicative materials, including sexually oriented materials, to avoid restricting or denying access by adults to sexually oriented materials protected by the First Amendment, and to avoid denying access by distributors and exhibitors of sexually oriented entertainment to their intended market.

(Ord. 2001-581, passed 8-16-01)

(A)

Definitions. For the purpose of this subchapter, the following definitions shall apply.

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 5 or fewer persons per machine at any 1 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 CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity; or

(2)

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

(3)

Films, motions 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; or

(2)

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

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 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 NOVELTY OR ADULT VIDEO STORE. A commercial establishment which as its principal business purpose offers for sale or rental for any form of consideration any 1 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 photographic reproductions 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 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 sexual activities" or "specified anatomical areas."

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 or to privately perform a striptease for another person.

ESCORT AGENCY. A person or business association who furnished, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

ESTABLISHMENT. 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; or

(4)

The relocation of any sexually oriented business.

NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

NUDITY OF A STATE OF NUDITY.

(1)

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

(2)

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

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

RESIDENTIAL DISTRICT. A single family, multiple family or manufactured dwelling district included in the Zoning Districts "R-1," "R-2," and "R-3" of the City Zoning Ordinance.

RESIDENTIAL USE. A single family, multiple family or "manufactured home dwelling" use as included in the Zoning Districts "R-1," "R-2," and "R-3" of the City Zoning Ordinance.

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

SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offer 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 1 or more of the persons is in a state of nudity or semi-nudity.

SEXUALLY ORIENTED BUSINESS. An adult arcade, adult novelty store, or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

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, oral 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 subsections (1) through (3) of this definition.

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 the date hereof.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:

(1)

The sale, lease or sublease of the building;

(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.

(B)

Gender and number. The use of the masculine herein includes the feminine; the use of the singular includes the plural.

(Ord. 2001-581, passed 8-16-01)

(A)

Notwithstanding any other provisions of this section, no sexually oriented business shall be established or maintained within 1,500 feet of property classified an any of the following: "R-1," "R-2," or "R-3." Measurement shall be made in a straight line from the nearest boundary of property so zoned to the nearest part of the building in which such use is made, if the same commercial activity occupies the entire building; provided, that in the case of a building which is divided into separate rental or ownership spaces devoted to different uses or enterprises, measurement shall be made to such space or unit of the building in which such use is made; and, provided, that if the activity is an outdoor (drive-in) movie, measurement shall be made to the nearest part of the land devoted to such use.

(B)

In addition to the above, 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)

A church;

(2)

A public or private elementary or secondary school;

(3)

A public park adjacent to a residential district as defined in this chapter; or

(4)

A residential use as defined in this chapter.

(C)

In addition to the above, no sexually oriented business shall be established or maintained within 1,000 feet of another sexually oriented business.

(D)

In addition to the above, no sexually oriented business shall be established, maintained, or enlarged in the same building or structure contained another sexually oriented business.

(E)

For the purpose of division (B) of this section, measurements shall be made in a straight line, without regard to intervening structures or object, from the nearest point on the lot line of a church or public or private, elementary, secondary, or high school, or public park, or residential lot.

(F)

For purposes of division (C) of this section, the distance between any 2 sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closed exterior wall of the structure in which each business is located.

(G)

Any sexually oriented business lawfully operating on the effective date of this chapter, that is in violation of this chapter shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 3 years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If 2 or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.

(H)

A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,500 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. 2001-581, passed 8-16-01)

(A)

It is an exception under this section 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)

In a structure:

(a)

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

(b)

Where in order to participate in a class a student must enroll at least 3 days in advance of the class; and

(c)

Where no more than 1 nude model is on the premises at any 1 time.

(B)

It is an exception under this subdivision 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.

(Ord. 2001-581, passed 8-16-01)