"Temporary structure" shall be defined as a manufactured home, modular home or any other non-site built or other structure which does not conform to existing building and/or zoning codes.

The City Manager or designee may approve a temporary structure (including especially a residential grade manufactured home or manufactured housing) to be used for office space in an area zoned Light Industrial, during the construction of new permanent space, or the expansion or remodeling of existing permanent space.

Any person desiring such temporary permit must first make application for a permit to the Planning Department setting forth the following information:

1. Date of the application;
2. Name of applicant;
3. Address of applicant;
4. Proposed site of the temporary location of the temporary structure;
5. Type of temporary structure desired to be located on the property, including any department of housing and urban development decals or identification numbers;
6. A statement that the temporary structure meets all state and manufacturers' guidelines;
7. A statement from the City Building Official and the City Fire Marshal that they have inspected the temporary structure and, except for the variance granted herein, the temporary structure otherwise conforms to the city's fire and other safety codes;
8. The application shall be accompanied by a non-refundable application fee in accordance with the Official Fee Schedule on file with the Building Official.

Full power and authority for the granting or refusing of a temporary permit shall be vested in the City Council.

If the City Council grants the temporary permit, the permit will be issued upon the following terms and conditions and any other terms or conditions which the City Council might care to add subject to the provisions of § 153.80.5 herein:

1. The temporary structure must meet all state and manufacturers' specifications during the period permitted.
2. The temporary structure shall have no permanent foundation.
3. The temporary structure shall be limited to office use. It may not under any circumstances be used as a residence or retail outlet.
4. If equipped with restroom and/or kitchen facilities, the temporary structure must be connected to the city or other approved waste water disposal system.
5. The temporary structure must be served by separate temporary electrical service, not extended service from an existing structure. The temporary electrical service shall be disconnected when the new building, expansion or remodeling is completed.
6. The applicant shall execute a contract with the city that shall set forth the terms of the temporary permit and shall give the city the authority to disconnect the temporary structure from electrical, water or sewage connections when construction is complete, or if at any time the terms of this article or the agreement have been violated, or the applicant fails to promptly pay any and all ad valorem taxes owed to the city or comply with fire and other safety codes.
7. A temporary permit may only be granted for a period of six months. An additional temporary permit for a period of six months may be granted by action of the City Council after payment of a nonrefundable application fee of $100.00, at the sole discretion of the City Council.
8. During the six-month period of the temporary permit, the applicant will file for a building permit for the permanent structure. The temporary permit will be conditional and subject to revocation at any time during the six-month period until the building permit is issued.

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

Adult bookstore/adult video store means 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 means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

1. Persons who appear in state of nudity; or
2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

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

1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit 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 ten 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 ten hours.

City shall mean the City of Rusk, Texas.

Person shall mean an individual, partnership, or corporation or other entity.

Residential area shall mean any area(s) zoned R-1, R-2, R-3, or Planned Development Single-Family; Multi-Family or Apartment; or Single-Family/Manufactured Homes.

Sexually oriented business shall mean any commercial enterprise whose major business is the offering of a product or service which is intended to provide sexual stimulation or sexual gratification to the customer, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" or where the employer, employees, or patrons in the presence of another adult, may be nude, partially nude, or with specified anatomical areas not covered. This term shall include, but not be limited to, adult video arcades, adult bookstores, adult cabarets, adult video stores, adult movie theaters, adult theaters, sex parlors, massage parlors, nude studios, modeling studios, love parlors, adult tanning salons, topless or nude bars, topless carwashes or other establishments where services are performed nude or topless, and other similar establishments.

Specified anatomical areas shall mean any one of the following: less than completely and opaquely covered human genitals, pubic region or pubic hair, buttock, female breast or breasts below a point immediately above the top of the areola, or any combination of the foregoing; or human male genitals in a discernibly erect state, even if completely and opaquely covered.

Specified sexual activities shall mean the depiction or display of, in person or by picture of, any one of the following: human genitals in a discernible state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or any combination of the foregoing.

1. It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the residents of the city; to protect and preserve the quality, property values, and character of the city; to prevent the concentration of sexually oriented businesses within the city; and to minimize the potential negative impacts of sexually oriented businesses on residential areas, churches, schools and public areas.
2. It is expressly not the intent or effect of this article to impose a limitation upon rights granted under the First Amendment.

1. A sexually oriented business shall be located at least 2,500 feet from the property line of any residentially-zoned property, and at least 2,000 feet from the property line of any lot on which is located a church, school, college, child/adult care center, park, hospital, nursing home, cemetery or swimming pool. For the purposes of this section, measurement shall be made in a straight' line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school, park, college, child care center or residential district.
2. No sexually oriented business shall be located anywhere within the City Limits of Rusk, Texas except for property zoned LI (Light Industrial District) and subject to the requirements of § 153.188(A).
3. Each sexually oriented business shall comply with all of the city's sign ordinance requirements, including all requirements, as it may be amended from time to time. Additionally, such signs as are used shall not advertise, either graphically or verbally, either by explicit or literal expression, connotation, or implied reference, any specified sexual activities or specified anatomical areas. No sexually oriented business shall display more than two exterior signs consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
4. An applicant for a license or permit under this chapter for a location not previously licensed or permitted shall, not later than the 60th day before the date the application is filed, prominently post an outdoor sign at the location stating that a sexually oriented business is intended to be located on the premises and providing the name and business address of the applicant for the license.

1. All sexually oriented businesses to be operated within the city shall first obtain a valid license under the provisions of this article. A license shall be valid for one year, but be renewed annually.
2. A license shall only be issued for sexually oriented businesses that fulfill the locational requirements of § 153.188 of this article.
3. A business is not exempt from regulation under this chapter because it holds a license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic beverages.

A license issued under these regulations shall be displayed at all times in an open and conspicuous place on the premises of the sexually oriented business for which it was issued.

1. Any person desiring a license shall file a sworn written application with the City Clerk. The application shall set forth the following:
   1. The name of the applicant and whether the applicant is an individual, general partnership, limited partnership, corporation or other entity.
   2. The name under which the sexually oriented business is to be operated and a general description of the services or products to be provided.
   3. The address and legal description of the parcel of land on which the sexually oriented business is to be located.
   4. The name, resident address and telephone number of the manager or other individual to be principally in charge of the operation of the sexually oriented business.
   5. A written declaration that the information contained in the application is true and correct.
   6. If the applicant is an individual, the application shall be signed and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by all of the partners thereof. If the applicant is a corporation or other entity, the application shall be signed and verified by the president and the treasurer of such corporation or entity.
2. In addition, the application shall be accompanied by the following:
   1. Payment of the license fee, as provided in this article.
   2. A certified copy of the Assumed Name Certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statutes, Business and Commerce Code, Chapter 36), if the applicant is to operate the sexually oriented business under the assumed name.
   3. If the applicant is a Texas corporation, a certified copy of the Articles of Incorporation, together with all amendments thereto, shall be filed.
   4. If the applicant is a foreign corporation, a certified copy of the Certificate of Authority to Transact Business in the state, together with all amendments thereto, shall be filed.
   5. If the applicant is a foreign or limited partnership, a certified copy of the Certificate of Limited Partnership, together with all amendments thereto, filed in the Office of the Clerk of State under the Texas Limited Partnership Act (Article 6132a of Texas Revised Civil Statutes).
   6. A complete list of persons employed by the sexually oriented business, including their age, date and place of birth, social security number, driver's license number and salary or wage rate. This list shall be updated monthly by a verified report to the City Clerk, listing all of the above information for any employees hired during the previous month.
   7. A detailed development plan which describes the dimensions and location of the sexually oriented business and clearly shows it to be in compliance with the locational requirements of § 153.188 of this article.

1. Upon receiving an application for a license, the City Clerk, or his or her designee, shall conduct an investigation for the purpose of determining whether the requirements of this article have been satisfied or not. The City Clerk shall coordinate this investigation with the Building Official in order to determine if the application complies with the locational and sign requirements as set forth in these regulations. The City Clerk shall deny the application for a license if any requirement of this article is not satisfied.
2. The City Clerk shall deny the application for a license if one or more of the following is determined 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 applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application; the fact that a conviction is being appealed shall have no effect;
   5. The license fee required by this article 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 an applicant's spouse or any employee has been convicted of a crime involving:
      1. Any of the following offenses as described in Chapter 43 of the Texas Penal Code: prostitution; promotion of prostitution; aggravated promotion of prostitution; obscenity; sale, distribution, or display of harmful material to minors; sexual performance by a child; possession of child pornography;
      2. Any of the following offenses as described in Chapter 21 of the Texas Penal Code; public lewdness; indecent exposure; indecency with a child;
      3. Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; or
      4. Incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; or
      5. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
4. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business so that it may be easily read at any time.
5. The City Clerk shall notify each applicant of their eligibility for a license within 20 days of receipt of the completed application. If the applicant complies with the provisions of these regulations, then the City Clerk shall issue a license.
   In the event that any applicant fails to comply with these regulations, then the applicant shall be so notified and be entitled to a hearing held pursuant to the provisions of this article.

To defray the cost of processing the license application, the applicant shall pay a fee in the amount of $1,500.00. No portion of any fee collected under this section shall be returned after a license has been issued or denied. The license is to be renewed annually, if all provisions of this article have been complied with, upon payment of a five hundred-dollar renewal fee.

A license shall not be transferred to another, nor shall a license holder operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

A person who operates or causes to be operated a sexually oriented business, which exhibits 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 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 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 Clerk may waive the foregoing diagram for renewal application 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 City Clerk.
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 subsection 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 on the premises to ensure that the view area specified in subsection (5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all 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 subsection (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 one footcandle 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 on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.

1. 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 article.
2. A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he rents or subrents the same sleeping room again.
3. For purposes of subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.

The regulations contained in this article do not apply to the following:

1. Any business operated by or employing psychologists, physical therapists, athletic trainers, masseuses, cosmetologists, or barbers, licensed by the State of Texas and performing functions authorized under the licenses held;
2. Any business operated by or employing physicians, osteopaths, nurses or chiropractors, licensed by the State of Texas, engaged in practicing the healing arts; and
3. Any retail business whose major business is the offering of wearing apparel for sale to customers.

1. The Chief of Police, or his designee, shall have the power to administer and enforce the provisions of these regulations upon presentation of proper identification to the owner, agent, or tenant in charge of any premises where a sexually oriented business is located.
   The Chief of Police, or his designee, may enter for the purposes of inspection in investigation to insure compliance with the terms of these regulations, any building, structure or other premises where the sexually oriented business is located, at any time it is occupied or open for business.
2. A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the City Clerk, their designee, or the Chief of Police at any time it is occupied or open for business.
3. However, when the City Clerk, his designee, or the Chief of Police, or his designee, is denied permission to inspect any premises, inspection shall be made only under the authority of a warrant issued by a magistrate authorizing the inspection for violation of these regulations. In applying for such a warrant, the Chief of Police, or his designee, shall submit an affidavit to a magistrate setting forth his belief that a violation of these regulations exists with respect to the premises sought to be inspected and the reasons for such belief. The affidavit shall designate the location of such operator, or occupant thereof. If the magistrate finds that probable cause exists for a search of the premises, such warrant describing [shall describe] the premises with sufficient certainty to identify the same. A warrant so issued shall constitute authority for the Chief of Police, or his designee, to enter upon or inspect the premises described therein.

The City Manager, or his designee, is hereby granted, and shall have the power to suspend any and all licenses authorized by these regulations, if he determines that a licensee or employee or business invitee or guest of licensee has:

1. Violated or is not in compliance with any provision of this article;
2. Engaged in sale or consumption of alcoholic beverages while on the sexually oriented business premises;
3. A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
4. A licensee or employee has been convicted of an offense listed in subsection (B) of § 153.192 of this article;
5. A licensee or an employee has knowingly allowed any specified sexual activities to occur in or on the sexually oriented business premises; or
6. A licensee is delinquent in payment to the city for taxes, fees, fines, or penalties.

1. False or fraudulent statements. It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact or to give or use any assumed name or fictitious name other than the one duly filed for record in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code Annotated, Chapter 36).
2. Use of another's license unlawful. It shall be unlawful for any individual, partnership, corporation or other entity to use a license which has been issued to another individual, partnership, corporation or other entity.
3. Unlawful to deface, alter, etc. a license. It shall be unlawful for any person to counterfeit, forge, change, deface or alter a license.
4. [Alcoholic beverages.] It shall be unlawful for any person to serve, possess, or consume alcoholic beverages on the premises of any sexually oriented business.

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.

These regulations do not legalize anything prohibited under the penal code or any other state law or city ordinance. Further[more], any violation of the Penal Code or other state law or city ordinance shall be deemed grounds for revocation of the license issued.

That any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction in the corporation court, shall be punished by fine not to exceed the sum of $200.00 for each offense, and each day that such offense shall continue shall constitute a separate offense.