Midlothian City Zoning Code
SECTION 8
SEXUALLY ORIENTED BUSINESSES
§ 8.01 PURPOSE AND INTENT.
The following are provided as guidelines for the construction, interpretation and enforcement of this Section:
a)
It is the purpose and intent of this Section to regulate sexually oriented business establishments to protect and promote the health, safety, and general welfare of the citizens of the City and visitors thereto, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City.
b)
This Section intends a balance of the right of the citizens of the City to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States and United States Supreme Court rulings pursuant thereto.
c)
This Section is also intended to deter property uses and activities, which directly or indirectly, cause or would cause adverse secondary effects, including the deprecation of property values, on the stability of the immediate neighborhood surrounding the sexually oriented business.
d)
This Section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
e)
Similarly, it is not the purpose or intent of this Section to restrict or deny lawful access by adults to sexually oriented materials or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.
f)
Similarly, it is not the purpose or intent of this Section to impose judgment on the content or merits of any constitutionally protected form of speech or expression.
g)
It is the purpose of this Section to generally charge operators of sexually oriented businesses to comply with a policy of “keep it indoors and under control” and to hold all operators first line answerability, directly or indirectly, for all uses of the premises and activities conducted thereon.
(Ordinance 2013-24, sec. 8.01, adopted 7/9/13)
§ 8.02 CLASSIFICATIONS.
(Ordinance 2013-24, sec. 8.02, adopted 7/9/13)
§ 8.03 PROHIBITED LOCATIONS.
a)
A person, including an operator of a sexually oriented business, commits an offense if such person operates or permits the operation, or establishment of a sexually oriented business in any zoning district other than as allowed by the City’s Comprehensive Zoning Ordinance, as amended.
b)
A person, including an operator, commits an offense if such person operates or causes to operated or permits the operation or establishment of a sexually oriented business within 1,500 feet from any of the following located within the city limits or its extraterritorial jurisdiction:
1)
Religious institution, church, synagogue, mosque, temple or structure that is used primarily for religious worship and related religious activities or real property owned by, or for the benefit of, a religious organization that intends to use the property for such purposes if such ownership has been registered with the city;
2)
Public and private schools, a public or private educational facility, including but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuing education schools, special education schools, junior colleges, colleges and universities; school includes the school grounds and related athletic or other facilities regularly visited by students;
3)
A public park or recreational area which has been designated for park or recreational activities, including but not limited to, a park, playground, nature trails, swimming pool, golf course, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of a governmental entity;
4)
A boundary of a residential zoning district or an area designated as residential on the City’s Comprehensive Plan;
5)
A Historically designated property;
6)
Central Business District
7)
Community Conference/Convention Center
8)
Areas that currently are, or within the last ten years were, designated as Tax Increment Finance (TIF) districts and Public Improvement Districts (PID).
9)
State, Federal or U.S. Highways or Farm to Market Road.
c)
A person, including an operator, commits an offense if such person causes or permits the operation or establishment, or the transfer or control of a sexually oriented business within 1,500 feet of another sexually oriented business[.]
d)
For the purpose of subsections (b) and (c) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line or boundary for the premises where a sexually oriented business is operated or to be operated to the nearest property line or boundary for the uses or locations described in subsections (b) and (c) above, to the nearest property line or boundary of the premises where a sexually oriented business is operated or sought to be operated. The presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
e)
A person commits an offense if such person causes or permits the establishment, maintenance or operation of more than one classification of sexually oriented business on the same property, in the same building, structure, or portion thereof, or the increase of floor area of a sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
f)
Any sexually oriented business lawfully operating prior to the effective date of the ordinance from which this Section is derived that is in violation of one or more subsections of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason, including but not limited to, suspension or revocation of license, or voluntary discontinuance 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 two or more sexually oriented businesses are within 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first lawfully established and continually operating at a particular location is the conforming use and the later established business is nonconforming.
g)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use or location listed in Subsections B and C [(b) and (c)] of this section 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 been revoked.
(Ordinance 2013-24, sec. 8.03, adopted 7/9/13)
§ 8.04 SPECIALIZED CERTIFICATE OF OCCUPANCY & EMPLOYEE LICENSE REQUIRED.
a)
A person commits an offense if such person establishes, operates, maintains or continues to operate a sexually oriented business without a valid Specialized Certificate of Occupancy issued by the City pursuant to this Section for the operation of a sexually oriented business for the premises at which the sexually oriented business is operating, or to operate such business after such Specialized Certificate of Occupancy has been revoked or suspended by the City.
b)
It is unlawful for any person, entertainer, server, employee, manager, operator or owner to knowingly perform any work, service or entertainment directly related to the operation of a sexually oriented business for which the City has not issued a Specialized Certificate of Occupancy or after such Specialized Certificate of Occupancy has been revoked or suspended by the City.
c)
It is unlawful for any person who owns, manages or operates a sexually oriented business to have an employee or to employ a person, regardless of the nature of the employment, who works for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this Section.
d)
It is unlawful for any person to obtain employment, regardless of the nature of the employment relationship, with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this Section.
e)
It is unlawful for any person to fail to have a manager, who has a sexually oriented business employee license and who is responsible for ensuring compliance with this Section, on-duty and working at any time the sexually oriented business is open for business.
f)
The failure to post a sexually oriented business Specialized Certificate of Occupancy in the manner required herein shall be prima facie evidence that such business has not obtained such a certificate. In addition, it shall be prima facie evidence that any entertainer, employee, manager or owner who performs any business, service or entertainment in a sexually oriented business in which a sexually oriented business Specialized Certificate of Occupancy is not posted in the manner required herein had knowledge that such business does not have a valid Specialized Certificate of Occupancy.
g)
A Specialized Certificate of Occupancy is required for each sexually oriented business. A sexually oriented business Specialized Certificate of Occupancy shall be issued only for the one sexually oriented business classification listed on the application. Any change in the type of sexually oriented business classification shall invalidate the sexually oriented business Specialized Certificate of Occupancy and require the holder to obtain a new Specialized Certificate of Occupancy for the change in use. The establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof is prohibited.
h)
Each sexually oriented business Specialized Certificate of Occupancy and each sexually oriented business employee license shall expire one year from the date of issuance and may be renewed only by making application for renewal. Application for renewal shall be made at least 30 business days prior to the expiration date, and when made less than 30 business days before the expiration date, the Specialized Certificate of Occupancy will still expire on its expiration date. When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 business days have elapsed since the date the denial became final.
i)
Specialized Certificate of Occupancy and sexually oriented business employee license are nontransferable.
j)
Each application for a sexually oriented business Specialized Certificate of Occupancy and each application for a sexually oriented business employee license, or renewal thereof, shall be accompanied by a nonrefundable application fee established by resolution of the city council. An application shall not be considered filed until the required fee is paid and the application is complete in all respects and all information and documentation required by the application form has been submitted.
k)
Each applicant shall sign a waiver and authorization form authorizing the chief of police to request on behalf of the applicant criminal history from the Texas Department of Public safety and other appropriate state and federal agencies. The applicant shall pay all fees and costs associated with such request for criminal history.
l)
Each Specialized Certificate of Occupancy and employee license issued by the City shall include 2 photographic identification cards, a personal card and an on-site card.
m)
If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the Chief and request a replacement, which shall be issued after payment of a fee established by resolution of the City Council within three days following verification of the identify of the holder.
n)
A copy of all applications and supporting documentation for Specialized Certificates of Occupancy and employee licenses shall be maintained in the Development Services Department.
o)
The operator of a sexually oriented business shall permit and cooperate with the appropriate City enforcement personnel shall lawfully inspect the entire premises as well as all activity being conducted therein.
(Ordinance 2013-24, sec. 8.04, adopted 7/9/13)
§ 8.05 APPLICATION FOR SPECIALIZED CERTIFICATE OF OCCUPANCY.
a)
Any person, association, firm, partnership, corporation or other entity desiring to obtain a Specialized Certificate of Occupancy for a sexually oriented business shall make application on a form(s) provided by the City’s Development Services Department and sworn to as true and correct. The applicant shall also furnish all necessary supporting documents as required by the application. All applicants must be qualified according to the provisions of this Section. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this Section.
b)
Only a person who is an officer of or who has an ownership interest in, a sexually oriented business may apply for a sexually oriented business Specialized Certificate of Occupancy. Each applicant must be qualified under this Section and each applicant shall be considered a licensee if a license is granted.
c)
If an applicant is an individual, such individual must sign the application form as applicant.
d)
If the applicant is other than an individual, each individual having the power to control or direct its operations[,] each individual who is an officer and/or each individual having 20% or greater investment or ownership interest in the sexually oriented business must sign the application as an applicant. An application on behalf of a corporation or partnership must provide sufficient documentation with the application to identify all corporate shareholders and directors or partners who have a 20% or greater ownership interest.
e)
If the applicant is a corporation, limited liability company or other legal entity, the entity shall state its complete name, the date of its incorporation or formation, evidence that the entity is in good standing under the laws of the state of formation and if not a Texas entity, the state of incorporation or formation, the names and capacity of all officers, directors and controlling stockholders or owners, and the name of the registered agent and the address of the registered office for service of process. A certified copy of the Sections of incorporation [articles of incorporation], together with all amendments must be submitted. If the enterprise is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, along with any amendment must be submitted.
f)
If the applicant is a partnership or limited partnership, the partnership shall state its complete name, the date of its formation, evidence that the partnership is in good standing under the laws of the state and if not a Texas partnership, its state of formation, the names and capacity of all partners and officers, whether the partnership is general, limited or otherwise, a copy of the partnership agreement or certificate of partnership, if any, and the official name and address to be used for process of service on the partnership. The applicant must submit a certified copy of the certificate of partnership, together with all amendments filed in the Office of the Secretary of State of Texas. If the partnership is a foreign limited partnership, the applicant must submit the certificate of partnership and the qualification documents along with any amendments filed in the Office of the Secretary of State of Texas.
g)
Applicant shall submit proof of the current fee ownership of the tract of land on which the sexually oriented business is to be operated in the form of a copy of the recorded deed or fully executed lease for the premises on which the sexually oriented business is to be operated.
h)
In addition to identifying those person required to sign an application under subsection (b) [(d)] above, the application must identify all parent and sexually oriented related corporations or entities of any person who will own or operate the sexually oriented business and include the names of the officers of each parent or related corporation or entity.
i)
Subsequent corporate sales, mergers, changes in shareholders or changes in partners shall be registered with the Development Services Department immediately upon completion of the documentation evidencing the transaction. All subsequent shareholders and directors or partners must be identified and shall be subject to qualification and compliance with the requirements for obtaining the Specialized Certificate of Occupancy.
j)
The application must be accompanied by:
1)
A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business, prepared and sealed by an architect or engineer, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Each sketch or diagram shall be oriented to the north or to some designated street or landmark with marked dimensions sufficient to show the various dimensions of all areas, walls, doors, windows or other material aspects of the premises. Each sketch or diagram shall include at least the following:
i)
The internal and external configuration of the premises, including a statement of total floor space occupied by the structure;
ii)
A statement fully describing the external signage to be displayed on the premises, as well as signage intended to be displayed elsewhere in the City to advertise the business;
iii)
The location of one or more manager’s stations or office;
iv)
The location of all electrical wiring and fixtures, including but not limited to lighting fixtures, sound systems, special effects equipment, video display equipment, video surveillance systems, etc.;
v)
Designation of any portion of the premises in which customers will not be permitted or in which sexually oriented business activities will not be conducted;
vi)
A plan or description of the safety and security measures for the inside and outside of the premises, its customers and employees; and
vii)
A designation of the place(s) at which the Specialized Certificate of Occupancy, a copy of the floor plants), and other necessary permits, licenses and signage will be conspicuously posted.
viii)
The Director of the Planning Department may waive the foregoing sketch or diagram requirements only for renewal applications if the applicant expressly adopts by reference a floor plan that was previously approved and certifies that the configuration of the premises have not been altered or enlarged since it was approved.
2)
All new applications shall include a certified survey map prepared by a licensed surveyor or licensed engineer, which shows the required minimum distances from properties with protected, uses or protected zoning.
3)
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,500 feet of the property to be certified; the property lines or boundaries of the uses and locations described in Section 14.1-3 B and C [8.03(b) and (c)] and within 1,500 feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence or owned by such type of user at the time an application is submitted.
4)
A nonrefundable application fee of established by resolution of the City Council.
5)
Location of the proposed sexually oriented business, including a legal description of the property, street address, telephone number, if any, and the dates a notice sign was posted as required by this Section.
6)
The applicant’s mailing address and residence address. For each applicant, a copy of a valid state driver’s license with photo, or a valid state identification card with photo. The originals of the required forms of identification shall be presented to the chief of police for inspection prior to the issuance of a license.
7)
The applicant’s driver’s license number and state of issuance.
8)
A statement whether the applicant or a person with whom applicant is residing is delinquent in payment to the city of taxes, fees, fines or penalties.
10)
A statement as to whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each conviction, and the date of release from confinement, if applicable.
11)
A statement as to whether the applicant, or a person residing with the applicant, has had a previous license or Specialized Certificate of Occupancy under this Section or other similar sexually oriented business provisions from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit, license or Specialized Certificate of Occupancy was denied, suspended or revoked, the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder or owner of a corporation or other legal entity that is licensed under this Section whose license or Specialized Certificate of Occupancy has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit, license or Specialized Certificate of Occupancy was denied, suspended or revoked, and the date of denial, suspension or revocation.
12)
A statement as to whether the applicant or a person residing with the applicant holds any other licenses or Specialized Certificate of Occupancy under this Section or other similar sexually oriented business regulations from another city or county and, if so, the names and locations of such other licensed businesses.
13)
The classification of the sexually oriented business for which the applicant is seeking the Specialized Certificate of Occupancy. A sexually oriented business may only have one classification to be eligible for a license.
(Ordinance 2013-24, sec. 8.05, adopted 7/9/13)
§ 8.06 APPLICATION FOR EMPLOYEE LICENSE.
a)
An application for a sexually oriented business employee license shall be submitted to the City on a form provided by the City and shall be sworn to as true and correct. All applicants must be qualified according to the provisions of this Section. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this Section.
b)
The completed application for a sexually oriented business employee license shall contain the following information and shall be accompanied by the following documents:
1)
The applicant’s name or any other name (including “stage” names) or aliases used by the individual;
2)
Age, date, and place of birth;
3)
Height, weight, hair and eye color;
4)
Present residence address and telephone number;
5)
Present business address and telephone number;
6)
A copy of a valid state driver’s license with photo, or a valid state identification card with photo. The originals of the required forms of identification shall be presented to the chief of police for inspection prior to the issuance of a license;
7)
Proof that the individual is at least 18 years of age;
8)
A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the city. Any fees for the photographs and fingerprints shall be paid by the applicant;
9)
A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;
10)
A statement whether the applicant has been convicted of a specified criminal activity as defined in this Section and, if so, the specified criminal activity involved, the date, place and jurisdiction of each conviction, and the date of release from confinement, if applicable; and
11)
A statement whether the applicant or a person with whom applicant is residing is delinquent in payment to the city of taxes, fees, fines or penalties.
c)
All employees of a sexually oriented business existing prior to the passage of the ordinance from which this Section is derived must submit an application for a sexually oriented business employee license required by this Section no later than 60 days from the effective date of the ordinance from which this Section is derived and any employee failing to do so shall not continue to work on the premises of a sexually oriented business if he fails to submit an application within 60 days or if the application for license is denied. Any person who fails to timely submit an application for a license as required by this subsection, or any person operating sexually oriented business who allows an employee to continue working who is not in compliance with this subsection or who fails to receive a license shall be considered to be in violation of this section.
(Ordinance 2013-24, sec. 8.06, adopted 7/9/13)
§ 8.07 ISSUANCE OF ORIGINAL SPECIALIZED CERTIFICATE OF OCCUPANCY AND EMPLOYEE LICENSE.
a)
Upon the filing of a complete application for a sexually oriented business employee license, the Development Services Department shall issue a temporary license, valid for 30 business days, to said applicant. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The investigation shall be completed within 25 business days from the date the completed application was filed. Upon completion of the investigation, the Development Services Department shall issue a license, not later than 30 business days from the date the completed application was filed, unless it is determined by a preponderance of the evidence that one or more of the following are true:
1)
The application contains false, fictitious or fraudulent information or the 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;
2)
The applicant is under the age of 18 years;
3)
The applicant has been convicted of a specified criminal activity;
4)
The sexually oriented business employee license is to be used for employment in a business prohibited or unlicensed by local or state law, statute, rule or regulation, or prohibited by a particular provision of this Section;
5)
The applicant has had a sexually oriented business employee license revoked by the city within two years of the date of the current application;
6)
The license application fee and/or costs required by this Section have not been paid; or
7)
The applicant or a person with whom applicant is residing is delinquent in payment to the city of taxes, fees, fines or penalties.
b)
Sexually oriented business licenses and sexually oriented business employee licenses issued pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Development Services department that the applicant has not been convicted of any specified criminal activity or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of a license renewal application fee established by resolution of the city council from time to time.
c)
The Planning Director shall issue a Specialized Certificate of Occupancy to an applicant within 30 business days after the date a completed application is filed, unless it is determined by a preponderance of the evidence that one or more of the following are true:
1)
An applicant is under 18 years of age;
2)
An applicant or a person with whom applicant is residing is delinquent in payment to the city of taxes, fees, fines or penalties, including but not limited to those related to the sexually oriented business or the property on which the sexually oriented business is located;
3)
The application contains false, fictitious or fraudulent information or the 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 a person with whom the applicant is residing has been denied a license or specialized certificate of occupancy by the city to operate a sexually oriented business within the preceding 12 calendar months or whose license to operate a sexually oriented business has been revoked within the preceding 12 calendar months;
5)
An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity;
6)
The premises to be used for the sexually oriented business have not been approved by the police department, fire department, development services department, the building official, health department or other city department or applicable governmental agency as being in compliance with applicable laws and ordinances;
7)
The application fee and/or costs required by this Section have not been paid; or
8)
An applicant of the proposed establishment or the proposed location for the establishment is in violation of or is not in compliance with any of the provisions of this Section, the Comprehensive Zoning Ordinance, or any other applicable city ordinance, as may be amended.
d)
When issued, the Specialized Certificate of Occupancy shall state on its face:
f)
When issued, the Specialized Certificate of Occupancy is only valid as to the operator and location for which it is issued. A sexually oriented business employee license and Specialized Certificate of Occupancy are nontransferable.
g)
The Specialized Certificate of Occupancy as well as a copy of the currently approved floor plan shall be continually displayed in a conspicuous place within the establishment at or near the entrance so that it is visible to the public at all times and may be easily read.
h)
It shall be an offense for any person to counterfeit, forge, change, deface or alter a Specialized Certificate of Occupancy or a sexually oriented business employee license.
i)
No increase of the floor area or modification in the internal structural configuration of a sexually oriented business shall be made beyond the area or configuration as shown in the floor plan as approved with the issuance of the Specialized Certificate of Occupancy unless an amended Specialized Certificate of Occupancy is issued by the Development Services Department.
j)
A Specialized Certificate of Occupancy shall be issued for only one classification and is only valid for the premises for which it was issued[.]
k)
The holder of a Specialized Certificate of Occupancy shall be responsible for verifying that each employee holds a valid sexually oriented business employee license and for maintaining copies of such employee licenses on the premises.
l)
All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time the establishment is occupied or open for business.
m)
The holder of a sexually oriented business employee license shall have the license available for inspection at the premises where such person is working pursuant to the authority granted under the license.
(Ordinance 2013-24, sec. 8.07, adopted 7/9/13)
§ 8.08 ISSUANCE OF AMENDED OR MODIFIED SPECIALIZED CERTIFICATES OF OCCUPANCY.
In the event the holder of a Specialized Certificate of Occupancy for a lawfully operating sexually oriented business desires to modify the operations of the sexually oriented business by changing the classification of the sexually oriented business to another classification not authorized in the operator’s current Specialized Certificate of Occupancy, the operator shall submit a written application, accompanied by a nonrefundable fee established by resolution of the City Council, to the Development Services Department for an amended or modified Specialized Certificate of Occupancy. The approval shall be made within 30 business days after receipt of a completed application and shall meet the same requirements as set forth for an original application. The amended or modified Specialized Certificate of Occupancy shall expire on the same date as the original Specialized Certificate of Occupancy[.]
(Ordinance 2013-24, sec. 8.08, adopted 7/9/13)
§ 8.09 EXPIRATION AND RENEWAL OF SPECIALIZED CERTIFICATE OF OCCUPANCY AND EMPLOYEE LICENSE.
a)
Each Specialized Certificate of Occupancy and each sexually oriented employee business license shall expire one year from the date of issuance and may be renewed only by filing a renewal application with the Planning Director on a form prescribed by the Development Services Department accompanied by a fee established by resolution of the city council.
b)
Application for renewal shall be made at least 30 business days prior to the expiration date, and when made less than 30 business days before the expiration date, the Specialized Certificate of Occupancy or sexually oriented employee [license], as the case may be, will still expire on its expiration date). All applications for renewal shall meet the same requirements as set for an original application.
(Ordinance 2013-24, sec. 8.09, adopted 7/9/13)
§ 8.10 SUSPENSION OF SPECIALIZED CERTIFICATE OF OCCUPANCY AND EMPLOYEE LICENSE.
a)
The Planning Director shall suspend a Specialized Certificate of Occupancy or a sexually oriented business employee license for a period not to exceed 30 calendar days [if] the Planning Director determines that the operator or an employee of an operator has:
b)
A sexually oriented business may not operate while the Specialized Certificate of Occupancy issued for that business is suspended. The holder of a sexually oriented business employee license may not work on the premises of a sexually oriented business while that employee’s license is suspended, except as allowed by Section 8.12.
(Ordinance 2013-24, sec. 8.10, adopted 7/9/13)
§ 8.11 REVOCATION OF SPECIALIZED CERTIFICATE OF OCCUPANCY AND EMPLOYEE LICENSE.
a)
The Planning Director shall revoke a Specialized Certificate of Occupancy and sexually oriented business employee license if a cause of suspension in Section 8.10 occurs and such license has been suspended within the preceding 12 calendar months.
b)
The Director of Planning shall revoke a Specialized Certificate of Occupancy or employee license if:
1)
A licensee gave false or misleading information in the material submitted during the application process;
2)
A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business or failed to report such activities to the police;
3)
A licensee has knowingly allowed prostitution on the premises of the sexually oriented business or failed to report such activities to the police;
4)
A licensee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
5)
Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
6)
A licensee is delinquent in payment to the city of taxes, fees, fines or penalties, including but not limited to those related to the sexually oriented business or the property on which the sexually oriented business is located; or
7)
A manager, having a sexually oriented business employee license, responsible for ensuring compliance with this Section is not on-duty and working at any time the premises is open for business;
8)
An operator or employee of an operator has been convicted of a specified criminal activity;
9)
An operator or an employee or an operator has transferred the license in violation of this Section.
c)
When the Planning Director revokes a Specialized Certificate of Occupancy or an employee license, such revocation shall continue for 1 year, and such licensee shall not be issued a license for 1 year after the date of revocation became effective.
(Ordinance 2013-24, sec. 8.11, adopted 7/9/13)
§ 8.12 APPEAL OF DENIAL, SUSPENSION, OR REVOCATION OF SPECIALIZED CERTIFICATE OF OCCUPANCY AND EMPLOYEE LICENSE.
a)
Any applicant for a license who is denied a license or the holder of a license that is suspended or revoked shall have the right to appeal such decision to the Zoning Board of Adjustment.
b)
The appeal may be made by filing with the Zoning Board of Adjustment within 10 business days after notice of the denial, suspension or revocation has been received, a written statement setting forth fully the grounds for the appeal and the name, mailing address, facsimile number and/or e-mail address and telephone number to be used by the city to provide notice of a hearing as required by this section, and be accompanied by a fee established by resolution of the City Council.
c)
An appeal to the Zoning Board of Adjustment shall be heard at the next available hearing date as established by the Board of Adjustment’s usual meeting dates. The Planning Director shall notify the appellant and chief of police in writing of the date, time and location of such hearing at least 7 calendar days prior to the hearing, unless appellant agrees in writing to a shorter period. The appeal shall be decided on the basis of the preponderance of the evidence. The appellant shall have the burden of proof of disputed facts to establish that the denial, revocation or suspension was erroneous. For purposes of this section, notice by facsimile or hand delivery shall be considered delivered on the date of fax, or delivery, if faxed or delivered prior to 5:00 p.m., and if after 5:00 p.m. it shall be considered delivered on the next day. Notice sent by U.S. mail shall be deemed delivered on the second day following deposit in the United States mail.
d)
The decision of the Zoning Board of Adjustment shall be made no later than 30 business days after receipt of notice of the appeal unless waived by the appellant. The decision of the Zoning Board of Adjustment is final.
e)
If the appellant being denied a license renewal holds an unrevoked, unsuspended license for the preceding year, such person shall be permitted to continue to operate under the existing license until a final decision is made by the Zoning Board of Adjustment under this section, unless the Planning Director determines from evidence or information presented to the Planning Director that continued operation or work by the appellant would constitute a continuing and imminent threat to the public welfare; however, if said license expired prior to the denial of the renewal, the license shall be considered expired and the appellant may not use the expired license.
f)
An appellant appealing the suspension or revocation of a license may continue to use such license until a final decision is made by the Zoning Board of Adjustment, unless the Planning Director determines from evidence or information presented to it that continued operation or work by the appellant would constitute a continuing and imminent threat to the public welfare.
g)
The Zoning Board of Adjustment may overturn the denial, revocation or suspension only if the decision of the Planning Director to deny, suspend or revoke was erroneous and the appellant shows that the application or license, as the case may be, complies or is in compliance with this Section. The decision of the Zoning Board of Adjustment may be appealed to the state district court of Ellis County, Texas.
(Ordinance 2013-24, sec. 8.12, adopted 7/9/13)
§ 8.13 TRANSFER OF SPECIALIZED CERTIFICATE OF OCCUPANCY.
a)
A person commits an offense if such person transfers a license to another person or entity, or operates a sexually oriented business under a Specialized Certificate of Occupancy in any name or at any location other than the name and address for which the Specialized Certificate of Occupancy was issued.
b)
Any person desiring to continue the operation of a sexually oriented business after purchase or transfer (including transfer in the event of death or incapacity) of a sexually oriented business must apply for and obtain a new Specialized Certificate of Occupancy in such person’s name prior to continuing the operation of such business. A Specialized Certificate of Occupancy shall automatically be deemed revoked as of the date of death or incapacity of the operator in whose name the specialized certificate of occupancy is issued or as of the date of the transfer or purchase of the applicable sexually oriented business by the operator in whose name the Specialized Certificate of Occupancy was issued, as the case may be.
c)
A person commits an offense if such person counterfeits, forges, changes, defaces or alters a Specialized Certificate of Occupancy or an employee license. Any Specialized Certificate of Occupancy or employee license that has been altered is deemed void and invalid.
d)
If corporations that have substantially similar ownership merge or consolidate, a fee established, by resolution of the city council, shall be paid for each sexually oriented business holding a Specialized Certificate of Occupancy that is merged or consolidated into the surviving corporation. The surviving corporation succeeds to all privileges of the prior corporation that held the Specialized Certificate of Occupancy if the owners of the surviving corporation meet the qualifications for an applicant to acquire the Specialized Certificate of Occupancy under this Section. For purposes of this section, corporations have “substantially similar ownership” if 90% or more of the corporations involved are owned by the same person or persons, or by the same corporation or corporations, or if the surviving corporation has maintained an ownership interest in the merged or consolidated corporations since the date the original Specialized Certificate of Occupancy was issued.
e)
A Specialized Certificate of Occupancy shall be deemed automatically revoked and invalid in the event an operator suffers an event of bankruptcy or insolvency.
(Ordinance 2013-24, sec. 8.13, adopted 7/9/13)
§ 8.14 EMPLOYEE BACKGROUND CHECKS.
a)
Prior to employment of any person by the sexually oriented business, the operator of the sexually oriented business shall conduct a criminal history background check on all prospective employees to ensure that no person employed has any conviction for any specified criminal [activity.]
b)
The operator shall maintain a current registration card or file on the premises of the sexually oriented business clearly identifying all managers, employees and/or entertainers employed by the sexually oriented business including but not limited to:
1)
Full legal name;
2)
All aliases or “stage names”;
3)
Date of birth;
4)
Race;
5)
Color of hair and eyes;
6)
Current residence addresses and phone number;
7)
Texas driver’s license number (or Texas identification number);
8)
Social Security number;
9)
Color photograph of full-face view; and
10)
Date of criminal background check.
c)
Records:
1)
Within 5 days of employment of an employee, each manager shall send a copy of the criminal history background check (with redacted social security number) and registration card to the Chief of Police.
2)
Each manager shall maintain on the premises and make available for inspection upon request by City enforcement personnel the criminal history background information and current registration card for all current employees.
3)
A manager commits an offense if such person fails to make the criminal history background information and/or current registration card available for immediate inspection upon request by City enforcement personnel.
(Ordinance 2013-24, sec. 8.14, adopted 7/9/13)
§ 8.15 GENERAL REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
a)
As a condition for the issuance of a license, an applicant or licensee shall permit representatives of the police department, health department, fire department, development services department, building inspections or other city departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business and at other reasonable times upon request.
b)
A licensee or person who operates a sexually oriented business, or their agent or employee commits an offense if such person refuses to permit a lawful inspection of the premises by representatives of the city as set forth in subsection A [(a)] above at any time the sexually oriented business is occupied or open for business and at other reasonable times upon request.
c)
The operator, manager, employee or entertainment personnel shall not knowingly permit or allow any customer access to any area of the premises that has been designated as an area not open to customers as per the floor plan approved by the Development Services Department pursuant to this Ordinance.
d)
An operator may not knowingly employ or engage the service of any person less than 18 years of age as an employee or entertainer for the sexually oriented business.
e)
No person may appear in a state of nudity or engage in specified sexual activities on any portion of the premises outside the building, which is capable of being viewed from a public street or right-of-way.
f)
No operator shall operate or allow the operation of an internal video surveillance system of persons or activity on the premises without prior written approval from the Police Department, except that internal video surveillance systems may be used to monitor the premises or activity for legitimate security or safety purposes upon prior inspection and written approval from the Police Department. This subsection shall not apply to video projection systems.
g)
The operator shall maintain on the premises at all times a current copy of all City Ordinances regarding or regulating sexually oriented business activity.
h)
An operator commits an offense if the operator fails to display the signs on the interior of the premises as required by this Section.
i)
An operator commits an offense if such person permits any customer access to an area of the premises not visible from the manager’s station or not visible by a walk-through of the premises without entering a closed area, excluding a restroom.
(Ordinance 2013-24, sec. 8.15, adopted 7/9/13)
§ 8.16 REGULATIONS CONCERNING PUBLIC NUDITY AND EMPLOYEES.
a)
It shall be an offense for a person to knowingly and intentionally appear in a state of nudity or to depict specified sexual activities in a sexually oriented business.
b)
It shall be an offense for a person to knowingly or intentionally appear in a semi-nude condition in a sexually oriented business unless the person is an employee who, while semi-nude, shall be at least 6 feet from any patron or customer and on a stage at least 2 feet from the floor level used by patrons.
c)
It shall be an offense for an employee to solicit any pay or gratuity from any patron while said employee is semi-nude in a sexually oriented business.
d)
It shall be an offense for any patron to pay or give any gratuity to any employee while said employee is nude or semi-nude in a sexually oriented business.
e)
It shall be an offense for an employee to touch a patron or the clothing of a patron while said employee is semi-nude in a sexually oriented business.
f)
It shall be an offense for a patron in a sexually oriented business to touch a nude or semi-nude employee, or to touch the clothing of a nude or semi-nude employee.
g)
Each manager or entertainer shall conspicuously display his personal card upon his person at all times while acting as an entertainer or manager of or in a sexually oriented business.
h)
Each manager or entertainer shall provide his on-site card to the manager or on-site manager in charge of the sexually oriented business to hold while the manager or entertainer is on the premises of the sexually oriented business.
i)
No manager, owner, or operator shall allow any patron or customer to pay or give any gratuity directly to any employee while that employee is in a state of nudity in a sexually oriented business other than by means of hand or garter tipping, a tip receptacle or paid as part of the customer’s bill.
j)
All garters shall be located mid-thigh or lower.
k)
No person shall appear in a state of nudity in an area of the adult cabaret in an area of the premises that can be viewed from the public right-of-way.
(Ordinance 2013-24, sec. 8.16, adopted 7/9/13)
§ 8.17 HOURS OF OPERATION.
No sexually oriented business, except for an adult motel, may remain open at any time except between the hours of 10:00 a.m. and 10:00 p.m. Monday through Saturday, and 12:00 p.m. noon and 10:00 p.m. on Sunday.
(Ordinance 2013-24, sec. 8.17, adopted 7/9/13)
§ 8.18 INTERIOR OF THE SEXUALLY ORIENTED BUSINESSES.
a)
Subject to reasonable accommodations for legitimate security measures, including approved internal surveillance video systems, the operator shall maintain the entire premises to permit walk-through inspections without interference by City enforcement personnel.
b)
The interior of the premises shall be arranged in such a manner that there is an unobstructed view into every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. The operator shall ensure that the ability to view into any area where customers are allowed remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials. This regulation shall not apply to adult motels.
c)
If the premises contain two or more separate rooms, the operator shall maintain each room with at least one wall or door equipped with clear windows or openings of at least three feet in width and two feet in height located no less than three feet above the floor hut no less than two feet below the ceiling for viewing into the entire area and all activity therein. This regulation shall not apply to adult motels.
d)
The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and illuminated at all times with overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for patrons, employees or City enforcement personnel walking throughout the premises.
e)
During hours of darkness when a sexually oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises equipped and illuminated by overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for persons or vehicles traveling into, on and out of the property. Said lighting fixtures shall be directed onto the property as much as is possible to avoid being directed onto neighboring properties.
f)
The operator shall not utilize or allow restroom or employee dressing rooms to be utilized for sexually oriented business purposes, video equipment or for the offering of any sexually oriented merchandise to customers.
(Ordinance 2013-24, sec. 8.18, adopted 7/9/13)
§ 8.19 EXTERIOR APPEARANCE OF THE SEXUALLY ORIENTED BUSINESSES.
a)
No exterior portions of a sexually oriented business shall have any types of flashing or moving lights or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Section.
b)
No merchandise or activities of a sexually oriented business shall be visible from any point outside the establishment.
c)
All exterior portions and/or facades, including the roof, that are to be painted shall be a single achromatic color with a single achromatic color trim, both colors consisting of a neutral earth-tone color only, however, the trim and the building may be a different neutral earth-tone color.
d)
The exterior architecture and design for any sexually oriented business shall follow the standards set forth in Section 4.5500. Under no circumstances can the design of the building or any related accent feature depict or represent to depict any anatomical part of the human body.
e)
The landscaping for the exterior of any sexually oriented business shall be twice the requirements stated in Section 4.5400.
f)
All exterior lighting structures shall not exceed 25 feet in height and shall be shielded, downcast lighting.
g)
All parking areas for any sexually oriented business shall be concrete and the minimum parking provided shall be one space for every four persons based the maximum occupancy load as stated in the Fire Code.
h)
No sexually oriented business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specifies anatomical areas by display, sign, show window or other opening from any public view.
(Ordinance 2013-24, sec. 8.19, adopted 7/9/13)
§ 8.20 SIGN REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES.
a)
Business Requirements for Posting Sign Concerning Intent to locate Sexually Oriented Businesses
1)
An applicant for a Specialized Certificate of Occupancy for a location for which a specialized certificate of occupancy has not previously been issued shall post an outdoor sign at the location in compliance with Section 243.0075 of the Texas Local Government Code, as amended, not later than the 60th day before submitting the application for a specialized certificate of occupancy to the Development Services Department.
2)
The sign shall comply with the following requirements:
i)
The sign must be at least 24 inches by 36 inches in size;
ii)
All letters must be at least two inches in height and 1 and 1/2 inches in width for each letter on the sign;
iii)
The sign shall state that a sexually oriented business is intended to be located on the premises;
iv)
The sign shall provide the name and business address of the owner and operator;
v)
All required information must be presented in both English and Spanish;
vi)
All required information must read horizontally from left to right; and
vii)
The sign shall be prominently posted such that it is clearly legible from the public right-of-way.
3)
The operator of a proposed sexually oriented business shall notify the Planning Director, by certified mail or hand delivery, when a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the Planning Director within five days after the posting of the sign. If the Planning Director receives the notification within five days after the sign was posted, the 60-day posting period required by Section 243.0075 shall be deemed to begin on the posting date. If the Planning Director receives the notification more than five days after the sign was posted, the 60-day posting requirement shall be deemed to begin on the date the Planning Director verifies the sign has been posted.
4)
When a sign is posted at an intended location of a sexually oriented business and the intended location is not in violation of the distance requirements set out in this Section on the posting date, the sexually oriented business will qualify as a conforming use with regard to the distance requirements and will not be rendered nonconforming by any location, subsequent to the posting of the sign.
5)
Subsection (4) above does not apply if:
i)
A completed application for a Specialized Certificate of Occupancy for a proposed sexually oriented business is not filed with the Development Services Department within 20 days after the expiration of the 60-day posting requirement under Section 243.0075 of the Texas Local Government Code, as amended; or
ii)
The application for a Specialized Certificate of Occupancy is withdrawn or denied; or
b)
Signs at Each Public Entrance
1)
The operator shall maintain at least one conspicuous permanently mounted sign, presented in both English and Spanish, at each public entrance, in accordance with the City’s sign codes, of a size of at least 18 inches in height and 24 inches in width, easily visible and legible to all persons prior to entry into the establishment, with all letters at least one-half inch in height and three-quarters of an inch in width for each letter on the sign which contains a statement to the effect:
“THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES (description of the type of activity or merchandise as permitted herein). IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN. NO PERSON UNDER 18 YEARS OF AGE ALLOWED ENTRY”
(If alcoholic beverages are sold or consumed on the premises) - “NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY”
c)
Exterior Signs
1)
Notwithstanding any provision of the City of Midlothian Code or any other city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any on-premise sign for the establishment other than one primary sign (ground sign) and one secondary sign (building signage) as provided in Section 8.20.
4)
A primary or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations or any manner, and may contain only the name of the establishment; and/or one or more of the following phrases:
5)
A primary sign for an adult motion picture theater may contain the phrase, “Movie Titles Posted on Premises,” in addition to the phrases listed in subsection (4) above.
6)
Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type, size and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.
7)
Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises, or that contains any of the terms set for the in this Section or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this Section. The intent of this section is to prevent the use of signage identifying the commercial multi-tenant center itself from being used as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this Section.
d)
Interior Signs
1)
A sign shall be conspicuously displayed in the common area of an adult cabaret or adult theater that shall read as follows:
“THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF MIDLOTHIAN”
“Entertainers and employees are:
i)
Not permitted to engage in any type of sexual conduct;
ii)
Not permitted to be unclothed, clothed in less than opaque attire, or to move or remove such attire, or allow such attire to be moved or removed so as to expose to view any portion of the pubic region, anus, buttocks, vulva or genitals, or any portion of the female breast below the top of the areola except upon a stage at least 2 feet above the immediate floor level and removed at least 6 feet from the nearest patron.
iii)
Not permitted to demand or collect any payment or gratuity from any patron for entertainment before its completion.”
2)
It is an offense for the operator to fail to post or display the sign required in this subsection.
(Ordinance 2013-24, sec. 8.20, adopted 7/9/13)
§ 8.21 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
a)
An escort agency shall not employ any person under the age of 18 years of age.
b)
A person commits an offense if such person acts as an escort or agrees to acts as an escort for any person less than 18 years of age.
(Ordinance 2013-24, sec. 8.21, adopted 7/9/13)
§ 8.22 ADDITIONAL REGULATIONS FOR OUTCALL BUSINESSES.
a)
An operator shall not employ any person under the age of 18 years of age for the purposes of acting as an outcall person or providing outcall services for a customer.
b)
An operator, manager or employee commits an offense if such person acts as an outcall person for any customer less than 21 years of age.
(Ordinance 2013-24, sec. 8.22, adopted 7/9/13)
§ 8.23 ADDITIONAL REGULATIONS FOR NUDE MODELING STUDIOS.
a)
A nude model studio shall not employ any person under the age of 18 years.
b)
A person under 18 years of age commits an offense if such person appears semi-nude or in a state of nudity in or on the premises of a nude modeling studio. It is a defense to prosecution under this Section 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 they appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
d)
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises; except that a sofa may be placed in, a reception room open to the public.
e)
A patron at a nude model studio commits an offense if such person touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.
f)
An operator or an employee of a nude model studio commits an offense if such person permits any customer access to an area of the premises not visible from the manager’s station or not visible by walk-through of the premises without entering a closed area, excluding a restroom.
g)
An employee of a nude model studio, while exposing any specified anatomical areas, commits an offense if the employee touches a patron or clothing of a patron.
(Ordinance 2013-24, sec. 8.23, adopted 7/9/13)
§ 8.24 ADDITIONAL REGULATIONS FOR ADULT THEATERS & ADULT MOTION PICTURE THEATERS.
a)
An operator shall not employ any person under the age of 18 years to appear in a state of nudity or simulated nudity for customers on the premises of an adult theater or adult motion picture theater.
b)
A person commits an offense if such person knowingly allows a person under the age of 18 to appear in a state of nudity in or on the premises of an adult motion picture theater.
c)
A person under the age of 18 commits an offense if such person appears in a state of nudity or simulated nudity for customers on the premises of an adult theater or adult motion picture theater.
d)
It is a defense to prosecution under this Section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance 2013-24, sec. 8.24, adopted 7/9/13)
§ 8.25 ADDITIONAL REGULATIONS FOR ADULT MOTEL.
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 10 hours creates a rebuttable presumption that the establishment is an adult motel as defined in this Section.
b)
An operator, manager or the person otherwise in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a Specialized Certificate of Occupancy, commits an offense if such person rents or subrents a sleeping room to a person and, within 10 hours from the time the room is first rented, such person rents or subrents the same sleeping room again.
c)
For purposes of subsection B [(b)] of this section, the term “rent” or “subrent” means the act of permitting a room to be occupied for any form of consideration.
(Ordinance 2013-24, sec. 8.25, adopted 7/9/13)
§ 8.26 ADDITIONAL REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS.
a)
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room, booth, stall or partitioned portion of a room having less than 150 square feet of floor space, a film, videocassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, (herein referred to as “viewing area”) 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 city 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)
No alteration in the configuration or location of a manager’s station may be made without the prior written approval of the chief of police.
3)
It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises. 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 subsection must be by direct line of sight from the manager’s station.
4)
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. No viewing area shall have a door, half-door, curtain, portal partition or other divider unless at least one side is completely open to an adjacent public room and a manager’s station so that the area inside is visible to persons in the adjacent public room and a manager’s station.
5)
It shall be the duty of the licensee to ensure that the viewing area specified herein remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, 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 as set forth in the application filed pursuant to subsection (1) of this section.
6)
No viewing area may be occupied by more than one person at any time.
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 footcandles as measured at the floor level.
8)
It shall be the duty of the licensee to ensure that the illumination described in subsection (a)(7) above is maintained at all times that any patron is present in the premises.
9)
No licensee shall allow openings of any kind to exist between viewing areas.
10)
No person shall make or attempt to make an opening of any kind between viewing areas. A solid metal barrier in which an opening cannot be easily made shall be used in the wall construction between viewing areas within 48 inches of the floor.
11)
The licensee shall, during each business day, regularly inspect the walls between the viewing areas to determine if any openings or holes exist.
12)
The licensee shall cause all floor coverings in viewing areas to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
13)
The licensee shall cause all wall surfaces and ceiling surfaces in viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor. A person having a duty under subsection (a)(1) through (12) above commits an offense if such person knowingly fails to fulfill that duty.
(Ordinance 2013-24, sec. 8.26, adopted 7/9/13)
§ 8.27 MINORS.
a)
A person commits an offense if, in a business establishment open to person under the age of 17 years, displays a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
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:
c)
Except as provided in subsection (d) below a person commits an offense if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business. It shall be unlawful for any person under the age of 18 years to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
d)
No person under the age of 21 shall be permitted on the premises of a sexually oriented business where persons appear in a state of nudity or a state of semi-nudity. A person commits an offense if the person knowingly allows a person under the age of 21 years on the premises of a sexually oriented business where persons appear in a state of nudity or state of semi-nudity. It shall be unlawful for any person under the age of 21 years to enter or be on the premises of a sexually oriented business, where persons appear in a state of nudity or semi-nudity, at any time such sexually oriented business is open for business.
(Ordinance 2013-24, sec. 8.27, adopted 7/9/13)
§ 8.28 ALCOHOLIC BEVERAGE SALES & CONSUMPTION PROHIBITED.
a)
It shall be an offense for any person to maintain, own, or operate a sexually oriented business on any premises on which alcoholic beverages are served or offered for sale for consumption, or permitted to be consumed.
b)
It shall be an offense for any person who maintains, owns or operates any commercial establishment where alcoholic beverages are served or offered for sale for consumption on the premises, or are permitted to be consumed on the premises, to permit any person to appear in a state of nudity or semi-nudity.
(Ordinance 2013-24, sec. 8.28, adopted 7/9/13)
§ 8.29 SEXUAL ENCOUNTER CENTERS PROHIBITED.
a)
Sexual encounter centers are prohibited. No license or Specialized Certificate [of] Occupancy shall be issued for the operation of a sexual encounter center.
b)
A person commits an offense if the person owns, operates or causes to be operated a sexual encounter center. Any person in control of such premises shall be presumed to be operating the sexual encounter center.
(Ordinance 2013-24, sec. 8.29, adopted 7/9/13)