HomeMy WebLinkAbout1844 03-24-2009ORDINANCE NO. 1844
Chapter 18 Article III. Sexually Oriented Businesses
Division 1 Generally
Section 18 -76 Adoption of Preamble
The findings contained in the preamble of this ordinance are determined to be true and
correct and are adopted as a part of this ordinance.
Section 18 -77 Purpose and Intent
It is the purpose of this Chapter to regulate Sexually Oriented Businesses to promote
the health, safety, morals and general welfare of the citizens of the City, and to establish
reasonable and uniform regulations to prevent the concentration of Sexually Oriented
Businesses within the City. The provisions of this Chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is not the intent or effect of
this Chapter to restrict or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors of sexually
oriented entertainment to their intended market.
Section 18 -78 Findings
Based on evidence concerning the adverse secondary effects of Sexually Oriented
Businesses on the community presented in hearings and in reports made available to the
Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres,
Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976);
FW /PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501
U.S. 560 (1991); City of Erie v. Pap's A.M., 529 U.S. 277,120 S. Ct. 1382 (2000); City of
Los Angeles v. Alameda Books, Inc., 122 S. Ct. 1728 (2002); Baby Dolls Topless Saloons,
Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002); LLEH, Inc. v. Wichita County, Texas,
289 F.3d 358 (5th Cir. 2002) ;11itchell v. Commission on Adult Entertainment, 10 F.3d
123 (3rd Cir. 1993); Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000); Hang
On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); 2300, Inc. v. City of
Arlington, 888 S.W.2d 123 (Tex. App. — Fort Worth, 1994); Colacurcio v. City of Kent,
163 F.3d 545 (9th Cir. 1998), cert denied, 529 U.S. 1053 (2000); Kev, Inc. v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986); Center for Fair Public Policy v. Maricopa
County, 336 F.3d 1153 (9th Cir. 2003); DLS, Inc. v. Chattanooga, 107 F.3d 403 (6th Cir.
1997); Jake's, Ltd., Inc. v. Coates, 384 F.3d 884 (8th Cir. 2002); and on studies, reports
and /or testimony in other communities including, but not limited to: Phoenix, Arizona;
Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana;
Dallas, Texas; Amarillo, Texas; Garden Grove, California; Los Angeles, California;
Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma;
Cleveland, Ohio; Beaumont, Texas; Newport News, Virginia; Bellevue, Washington;
New York, New York; St. Croix County, Wisconsin; Kitsap County, Washington; Los
Angeles, California Police Department (dated August 12, 2003); Arlington, Texas,
License and Amortization Appeal Board hearings, 2001 and 2002; Arlington Community
Health Profile (dated July 2003); a summary of land use studies compiled by the National
Law Center for Children and Families; and also on findings from the Report of the
Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses
(June 6, 1989, State of Minnesota), and the study entitled Survey of Texas Appraisers —
Secondary Effects of Sexually- Oriented Businesses on Market Values by Cooper and
Kelley and Crime - Related Secondary Effects — Secondary Effects of "Off- Site " Sexually -
Oriented Businesses by McCleary, June 2008, the Council finds:
1. Sexually Oriented Businesses lend themselves to ancillary unlawful and unhealthy
activities that are presently uncontrolled by the operators of the establishments. Further,
absent municipal regulation aimed at reducing adverse secondary effects there is no
mechanism to make the owners of these establishments responsible for the activities that
occur on their premises.
2. Certain employees of Sexually Oriented Businesses, defined in this Ordinance as
Sexually Oriented Theater, Nude Model Business, Escort Agency, and Sexually Oriented
Cabaret, engage in higher incidence of certain types of illicit sexual behavior than
employees of other establishments.
3. Sexual acts, including masturbation, prostitution, sexual contact, and oral and anal
sex, occur at Sexually Oriented Businesses, especially those which provide private or
semi - private booths or cubicles, or rooms for viewing films, videos, or live sex shows.
4. Offering and providing private or semi - private areas in Sexually Oriented
Businesses encourages such sexual activities, which creates unhealthy conditions.
5. Persons frequent certain Sexually Oriented Theaters, Sexually Oriented Arcades,
and other Sexually Oriented Businesses for the purpose of engaging in sex within the
premises of such Sexually Oriented Businesses.
6. At least 50 communicable diseases may be spread by activities occurring in Sexually
Oriented Businesses, including, but not limited to, syphilis, gonorrhea, human
immunodeficiency virus infection (HIV- AIDS), genital herpes, hepatitis B, Non A, Non
B amebiasis, salmonella infections and shigella infections.
7. Since 1981 and to the present, there has been an increasing cumulative number of
reported cases of AIDS (acquired immunodeficiency syndrome) caused by the human
immunodeficiency virus (HIV) in the United States: 600 in 1982; 2,200 in 1983; 4,600 in
1984; 8,555 in 1985, and 253,448 through December 31, 1992.
8. As of December 31, 2001, there have been 57,199 reported cases of AIDS in the
State of Texas.
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9. Since the early 1980s and to the present, there has been an increasing cumulative
number of persons testing positive for the HIV antibody test in Tarrant County, Texas
and across the State of Texas.
10. The number of cases of early (less than one year) syphilis in the United States
reported annually has risen, with 33,613 cases reported in 1982, and 45,200 through
November, 1990. According to Texas Department of Health records there were 1,175
cases of early syphilis reported in the State of Texas during 2000 and an additional 972
cases reported in 2 00 1.
11. The number of cases of gonorrhea in the United States reported annually remains at
a high level, with over one -half million cases being reported in 1990. Again, according
to Texas Department of Health records there were 32,895 cases of gonorrhea reported in
the State of Texas during 2000 and an additional 30,116 cases reported in 2001. During
the same time period there were also 138,692 cases of Chlamydia reported in the State of
Texas. [Arlington Community Health Profile (dated July 2003)]
12. In his report of October 22, 1986, the Surgeon General of the United States has
advised the American public that AIDS and HIV infection may be transmitted through
sexual contact, intravenous drug abuse, exposure to infected blood and blood
components, and from an infected mother to her newborn.
13. According to the best scientific evidence, AIDS and HIV infection, as well as
syphilis and gonorrhea, are principally transmitted by sexual acts.
14. Sanitary conditions in some Sexually Oriented Businesses are unhealthy, in part,
because the activities conducted there are unhealthy, and, in part, because of the
unregulated nature of the activities and the failure of the owners and the operators of the
facilities to self - regulate those activities and maintain those facilities.
15. Numerous studies and reports have determined that semen is found in the areas of
Sexually Oriented Businesses where persons view "sexually oriented" films.
16. Sexually Oriented Businesses have operational characteristics which should be
reasonably regulated in order to protect substantial governmental concerns.
17. A reasonable licensing procedure is an appropriate mechanism to place the burden
of that reasonable regulation on the owners and the operators of the Sexually Oriented
Businesses. Further, such a licensing procedure will place an incentive on the operators
to see that the Sexually Oriented Business is run in a manner consistent with the health,
safety, and welfare of its patrons and employees, as well as the citizens of the City. It is
appropriate to require reasonable assurances that the licensee is the actual operator of the
Sexually Oriented Business, fully in possession and control of the premises and activities
occurring therein.
18. Removal of doors on booths and requiring sufficient lighting on premises with
booths advances a substantial governmental interest in curbing the illegal and unsanitary
sexual activity occurring in Sexually Oriented Theaters.
19. Requiring licensees of Sexually Oriented Businesses to keep information regarding
current employees and certain past employees will help reduce the incidence of certain
types of criminal behavior by facilitating the identification of potential witnesses or
suspects and by preventing minors from working in such establishments.
20. The disclosure of certain information by those persons ultimately responsible for
the day -to -day operation and maintenance of the Sexually Oriented Business, where such
information is substantially related to the significant governmental interest in the
operation of such uses, will aid in preventing the spread of sexually transmitted diseases.
21. In the prevention of the spread of communicable diseases, it is desirable to obtain a
limited amount of information regarding certain employees who may engage in the
conduct that this Ordinance is designed to prevent, or who are likely to be witnesses to
such conduct.
22. The fact that an applicant for a Sexually Oriented Business license has been
convicted of a sexually related crime leads to the rational assumption that the applicant
may engage in that conduct in contravention of this Ordinance. There is a correlation
between Sexually Oriented Businesses, specifically their hours of operation and the type
of people which such businesses attract, and higher crime rates. [Baby Dolls Topless
Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir. 2002)].
23. The barring of such individuals from the management of Sexually Oriented
Businesses for a period of years serves as a deterrent to, and prevents conduct which
leads to, the transmission of sexually transmitted diseases.
24. It is reasonably believed that to better protect the public health, safety, and welfare,
it is necessary to adopt additional amendments to this chapter.
25. It is reasonably believed that to prevent the exploitation of a loophole in the
Ordinance (which would have permitted such businesses to avoid the location
restrictions), partially nude performances in such businesses are also included within the
purview of the regulations, since they have the same harmful secondary effects on the
surrounding community as Sexually Oriented Businesses currently regulated under the
Ordinance. [Baby Dolls Topless Saloons, Inc. v. City of Dallas, 295 F.3d 471 (5th Cir.
2002)].
26. There is no Constitutional right for Sexually Oriented Business employees in a
state of nudity to touch customers. [Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th
Cir. 1995)]
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27. One court has characterized the acts of Sexually Oriented Business employees in a
state of nudity and being paid to touch or be touched by customers as prostitution.
[People v. Hill, 2002 Ill. App. LEXIS 792 (111. App. 2 Dist. Sep. 4, 2002); See also, Tex.
Penal Code Sections 43.01 ( "sexual conduct" and "sexual contact ") and 43.02
( "prostitution ")].
28. Attempts by the City of Arlington to require Sexually Oriented Businesses to
advise customers and employees in a state of nudity to refrain from intentionally touching
and fondling each other through signage posted at the business entrance have not been
effective.
29. Sexually Oriented Businesses have not complied with the "no touch" provisions,
but have flagrantly disregarded them and/or encouraged employees and customers to
violate the "no touch" provision.
30. Provocative touching between customers and employees in a Sexually Oriented
Business where at least one is in a state of nudity frequently leads to the commission of
sex crimes, illegal drug use, and increased health risks due to sexually transmitted
diseases.
31. Compelling signage at the entrances of Sexually Oriented Businesses has not been
effective in halting "no touch" violations.
32. The City of Arlington has had to expend considerable law enforcement resources to
enforce the "no touch" provisions.
33. The City Council reasonably believes that requiring employees in a state of nudity
to be physically separated from customers by the use of elevated stages and buffer zones
is necessary to better ensure ordinance compliance while still not inhibiting
constitutionally protected expressive conduct or speech. [LLEH, Inc. v. Wichita County,
Texas, 289 F.3d 358 (5th Cir. 2002)]
34. The City Council reasonably believes that sexual activity occurring in private
viewing booths at sexually oriented businesses leads to unhealthy and unsanitary
conditions and to the transmission of sexually transmitted and other communicable
diseases. [Matney v. County of Kenosha, 86 F.3d 692, 695 (7th Cir. 1996)]
35. The City Council reasonably believes that certain negative secondary effects,
including prostitution, drug trafficking and assaultive offenses are associated with nude
or semi -nude dancing in environments where alcohol is served or allowed. [J.L. Spoons,
Inc. v. Dragani, 538 F.3d 379, 382 (6th Cir. 2008)]
36. The City Council reasonably believes that the licensing and permit requirements
imposed on Sexually Oriented Businesses that offer on -site entertainment comport with
the prompt judicial review and preservation of the status quo requirements enunciated by
the United States Supreme Court, and thus do not constitute an unconstitutional prior
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restraint. [Richland Bookmart, Inc. v. Knox County, Tenn., 2009 FED App. 0052P (6th
Cir. 2009)]
37. The City Council reasonably believes that inadequately illuminated parking lots
and parking lots that are not visible from the public right of way by virtue of being fenced
or otherwise shielded from view present increased opportunities for criminal and sexual
activity.
38. The City Council reasonably believes that video monitoring the parking lots of
Sexually Oriented Businesses will deter individuals from engaging in criminal and sexual
activity in the area being monitored and retaining recordings will assist law enforcement
in criminal investigations should any crimes be committed in the area.
39. The City Council finds that pursuant to "The Airport Zoning Act," Chapter 241,
Texas Local Government Code, that the City of Euless has no authority to exercise land
use regulatory authority over land within its corporate city limits defined as an "airport"
by the Act.
40. It is reasonably believed by the City Council that the general welfare, health, and
safety of the citizens of the City will be promoted by the enactment of this Ordinance.
41. It is reasonably believed by the City Council that adequate sites are reasonably
available for Sexually Oriented Businesses that meet licensing and otherwise applicable
requirements to locate and operate in the City of Euless.
42. The findings noted in Subsections (1) through (40) raise substantial governmental
concerns.
Sec 18 -79 DEFINITIONS
In this chapter:
ACHROMATIC means colorless or lacking in saturation or hue. The term
includes, but is not limited to, grays, tans, and light earth tones. The term does not
include white, black, or any bold coloration that attracts attention.
ADULT ARCADE means any place to which the public is permitted or invited
wherein coin - operated or slug- operated or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors, or other image - producing devices
are maintained to show images to five or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by regularly depicting
or describing "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO
STORE means a commercial establishment for which the regular offering of a service or
the selling, renting, or exhibiting of devices or any other items intended to provide sexual
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stimulation or sexual gratification to the customer constitutes twenty -five percent (25 %)
or more of the items in inventory and /or floor space of the Sexually Oriented Business,
including:
(A) books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, DVD's, video cassettes or video reproductions, slides, or other
visual representations, that depict or describe "specified sexual activities" or "specified
anatomical areas "; or
(B) instruments, devices, or paraphernalia that are designed for use in
connection with "specified sexual activities," but not including items used for birth
control or for the prevention of sexually transmitted diseases.
ADULT CABARET means a commercial establishment that regularly features the
offering to customers of live entertainment that:
(A) is intended to provide sexual stimulation or sexual gratification to such
customers; and
(B) is distinguished by or characterized by an emphasis on matter depicting,
simulating, describing, or relating to "specified anatomical areas" or "specified sexual
activities."
ADULT MOTEL means a hotel, motel, or similar commercial establishment that:
(A) 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 that are characterized by the
regular depiction or description of "specified sexual activities" or "specified anatomical
areas "; and has a sign visible from the public right -of -way that advertises the availability
of this adult type of photographic reproductions; or
(B) offers a sleeping room for rent for a period of time that is less than 10
hours; or
(C) allows a tenant or occupant of a sleeping room to sub -rent the room for a
period of time that is less than 10 hours.
ADULT MOTION PICTURE THEATER means a commercial establishment
where, for any form of consideration, films, motion pictures, video cassettes, slides, or
similar photographic reproductions are regularly shown that are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical areas."
APPLICANT means:
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(A) a person or entity in whose name a license to operate a Sexually Oriented
Business will be issued;
(B) each individual who signs an application for a Sexually Oriented
Business license as required by Section 18 -81;
(C) each individual who is an officer of a Sexually Oriented Business for
which a license application is made under Section 18 -81, regardless of whether the
individual's name or signature appears on the application;
(D) each individual who has a 20 percent or greater ownership interest in a
Sexually Oriented Business for which a license application is made under Section 41A -4,
regardless of whether the individual's name or signature appears on the application; and
(E) each individual who exercises substantial de facto control over a Sexually
Oriented Business for which a license application is made under Section 18 -81,
regardless of whether the individual's name or signature appears on the application.
CHIEF OF POLICE means the chief of police of the City of Euless or the chiefs
designated agent.
CHILD -CARE FACILITY means a facility licensed by the State of Texas,
whether situated within the City or not, that provides care, training, education, custody
treatment or supervision for more than six (6) children under fourteen (14) years of age,
where such children are not related by blood, marriage or adoption to the owner or
operator of the facility, for less that twenty -four (24) hours a day, regardless of whether
or not the facility is operated for a profit or charges for the services it offers.
CHURCH means a building, whether situated within the City or not, in which
persons regularly assemble for religious worship and said building is intended primarily
for purposes connected with such worship or for propagating a particular form of
religious belief.
CONVICTION means a conviction in a federal court or a court of any state or
foreign nation or political subdivision of a state or foreign nation that has not been
reversed, vacated, or pardoned. "Conviction" includes disposition of charges against a
person by probation or deferred adjudication.
EMPLOYEE means any individual who:
(A) is listed as a part-time, full -time, temporary, or permanent employee on
the payroll of an applicant, licensee, or Sexually Oriented Business; or
(B) performs or provides entertainment on the Sexually Oriented Business
premises for any form of compensation or consideration.
ESCORT means a person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESCORT AGENCY means a person or business association that furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary business purposes, for a
fee, tip, or other consideration.
ESTABLISHMENT means and includes any of the following:
(A) the opening or commencement of any Sexually Oriented Business as a
new business;
(B) the conversion of an existing business, whether or not a Sexually
Oriented Business, to any Sexually Oriented Business;
(C) the addition of any Sexually Oriented Business to any other existing
Sexually Oriented Business; or
(D) the relocation of any Sexually Oriented Business.
HEARING OFFICER shall mean the City Manager, or his or her designee. The
"Hearing Officer" shall exercise those powers authorized under the Texas Local
Government Code, the Charter of the City of Euless, and the Code of Ordinances of the
City of Euless, as appropriate in the furtherance of his or her duties.
HOSPITAL means a facility or area for providing health services primarily for
human in- patient medical or surgical care for the sick or injured and including related
facilities such as laboratories, out - patient departments, training facilities, central services
facilities, and staff offices that are an integral part of the facilities.
LICENSEE means:
(A) a person in whose name a license to operate a Sexually Oriented Business
has been issued,
(B) each individual listed as an applicant on the application for a license;
(C) each individual who is an officer of a Sexually Oriented Business for
which a license has been issued under this chapter, regardless of whether the individual's
name or signature appears on the license application;
(D) each individual who has a 20 percent or greater ownership interest in a
Sexually Oriented Business for which a license has been issued under this chapter,
regardless of whether the individual's name or signature appears on the license
application; and
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(E) each individual who exercises substantial de facto control over a Sexually
Oriented Business for which a license has been issued under this chapter, regardless of
whether the individual's name or signature appears on the license application.
NUDE MODEL STUDIO means any place where a person who appears in a state
of nudity or displays "specified anatomical areas" is provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay
money or any form of consideration; however, nude modeling at or on behalf of any
properly accredited institution of higher learning shall not fall within this definition
NUDITY or a STATE OF NUDITY means a state of dress which fails to fully
and opaquely cover the; anus, genitals, pubic region, or perineum anal region, or the
exposure of any device, costume or covering that gives the realistic appearance of or
simulates the anus, genitals, pubic region, or perineum anal region, regardless of whether
the nipple and areola of the human female breast are exposed.
OPERATES OR CAUSES TO BE OPERATED means to cause to function or to
put or keep in operation. A person may be found to be operating or causing to be
operated a Sexually Oriented Business whether or not that person is an owner, part
owner, or licensee of the business.
PERSON means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
PUBLIC PARK means any city park defined by Chapter 54 of the Euless Code of
Ordinances.
RESIDENTIAL DISTRICT means a single family, duplex, townhouse, multiple
family, or mobile home zoning district as defined in Chapter 84 of the Euless Code of
Ordinances.
RESIDENTIAL USE means a single family, duplex, multiple family, or "mobile
home park, mobile home subdivision, and campground" use as defined in Chapter 84 of
the Euless Code of Ordinances.
SEMI -NUDE or SEMI - NUDITY or STATE OF SEMI - NUDITY means the
exposure of the post puberty female nipple or areola, or the exposure of any device,
costume or covering that gives the realistic appearance of or simulates the post puberty
female nipple or areola, so long as the following anatomical areas of an individual are
fully and opaquely covered: the anus, genitals, pubic region and the perineum anal region
of the human body. The term "semi- nude" shall not apply to an individual exposing a
post puberty female nipple or areola in the process of breastfeeding a child under that
person's care.
SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or
adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency,
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nude model studio, or other commercial enterprise for which the regular offering of a
service or the selling, renting, or exhibiting of devices or any other items intended to
provide sexual stimulation or sexual gratification to the customer constitutes twenty -five
percent (25 %) or more of the items in inventory and /or floor space of the Sexually
Oriented Business. The term shall also mean any commercial enterprise that self -
identifies as an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel,
adult motion picture theater, escort agency or nude model studio, regardless of whether
the percentage of items in inventory and /or floor space constitute twenty -five percent
(25 %) or more of the total items in inventory and /or floor space.
SIGN means any display, design, pictorial, or other representation that is:
(A) constructed, placed, attached, painted, erected, fastened, or manufactured
in any manner whatsoever so that it is visible from the outside of a sexually oriented
business; and
(B) used to seek the attraction of the public to any goods, services, or
merchandise available at the sexually oriented business.
The term "sign" also includes any representation painted on or otherwise affixed to any
exterior portion of a Sexually Oriented Business establishment or to any part of the tract
upon which the establishment is situated.
SPECIFIED ANATOMICAL AREAS means:
(A) any of the following, or any combination of the following, when less than
completely and opaquely covered:
(i) any human genitals, pubic region, or pubic hair;
(ii) any buttock; or
(iii) any portion of the female breast or breasts that is situated below a
point immediately above the top of the areola; or
(B) human male genitals in a discernibly erect state, even if completely and
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
(A) the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
(B) sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
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(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection with any of the activities
set forth in Paragraphs (A) through (C) of this subsection.
TRANSFER OF OWNERSHIP OR CONTROL of a Sexually Oriented Business
means and includes any of the following:
(A) the sale, lease, or sublease of the business;
(B) the transfer of securities that constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
(C) the establishment of a trust, gift, or other similar legal device that
transfers the ownership or control of the business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership or control.
SEC. 18 -80 CLASSIFICATION
Sexually Oriented Businesses are classified as follows:
(1) adult arcades;
(2) adult bookstores, adult novelty stores or adult video stores;
(3) adult cabarets;
(4) adult motels;
(5) adult motion picture theaters;
(6) escort agencies; and
(7) nude model studios.
Division 2
LICENSE FOR SEXUALLY ORIENTED BUSINESS
SEC 18 -81 License Required
A. A person commits an offense if the person operates or causes to operate a Sexually
Oriented Business without a valid license, issued by the City for the particular
classification of Sexually Oriented Business.
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B. Any person, association, firm, partnership or corporation desiring to obtain a
Sexually Oriented Business license shall make application on a form provided by the
Chief of Police. The application must be accompanied by a sketch or diagram showing
the configuration of the premises, including a statement of total floor space occupied by
the business. The sketch or diagram need not be professionally prepared but must be
drawn to a designated scale or drawn with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches (6 ").
C. The applicant must be qualified according to the provisions of this article.
D. An individual person who wishes to operate a Sexually Oriented Business must sign
the application for a license as applicant. If a person who wishes to operate a Sexually
Oriented Business is other than an individual, each individual who has a twenty percent
(20 %) or greater interest in the business must sign the application for a license as
applicant. Each applicant must be qualified under Section 18 -81, and each applicant shall
be considered a licensee if a license is granted.
E. The fact that a person possesses other types of State or City permits does not exempt
that person from the requirement of obtaining a license for a Sexually Oriented Business.
F. All applications for a license under this article shall be accompanied by a
nonrefundable application fee. The fees shall follow the schedule set forth in Chapter 30
of the Euless Municipal Ordinance. An application shall not be considered to have been
received as administratively complete until the fee is paid and all information required by
the application form has been submitted. The application fee shall not be prorated in the
event an application is tendered before or during the licensing period.
G. Upon approval of a Sexually Oriented Business license, an applicant for a Sexually
Oriented Business license must obtain a Certificate of Occupancy for a Sexually
Oriented Business from the Building Official. The Building Official shall issue or deny a
Certificate of Occupancy to a Sexually Oriented Business not more than forty five (45)
business days subsequent to the date of the applicant's submission of such application for
a Certificate of Occupancy to the City's Office of Building Inspections. Such application
for a Certificate of Occupancy shall be deemed approved if not approved or denied within
such time period.
H. Upon approval of a Sexually Oriented Business license, if an applicant for a
Sexually Oriented Business requires a building permit under applicable city ordinances,
the Building Official shall cause all building, fire, health and other necessary permits to
be issued within thirty (30) business days subsequent to the date of the applicant's
submission of an application for said permit to the City's Office of Building Inspections.
Upon receipt of administratively complete application(s), the Building Official shall
cause all necessary inspections to occur within thee (3) business days of the applicant's
request for an inspection made to the Building Official. Such application(s) shall be
deemed approved if not approved or denied within such time period. The applicant must
specify on the face of its application that the proposed use is for a Sexually Oriented
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Business and give the name and address of the applicant's contact person for all
communications and notices.
I. Notwithstanding any other ordinance, an applicant for a Sexually Oriented Business
may appeal any decision of the Building Official by appealing to the Zoning Board of
Adjustment within thirty (30) calendar days after receipt of notice of decision or the
expiration of the deadlines set forth in (G) or (H) above. The applicant may appeal any
decision of the Zoning Board of Adjustment to the appropriate county court at law within
thirty (30) calendar days of that decision. The filing of such suit will have the effect of
staying denial of such building permit or Certificate of Occupancy pending a judicial
determination. A provisional permit or certificate shall be granted upon the filing of a
court action to appeal the denial of such permit or certificate. The provisional permit or
certificate will expire upon entry of judgment on such appeal.
J. A licensee or operator commits an offense if the licensee or operator fails to display
a legible copy of the complete provisional permit or certificate described in Subsection
18 -81 (I), if applicable, on the exterior of the Sexually Oriented Business premises. Such
copy of the provisional permit or certificate must be prominently and continuously
displayed where customers enter the premises and immediately adjacent to such
entrances.
K. This section shall not apply to ADULT BOOKSTORES, ADULT NOVELTY
STORES and ADULT VIDEO STORES, as those terms are defined herein.
SEC. 18 -82 License Issuance and Grounds for Denial
A. The Chief of Police shall approve the issuance of a license to an applicant within
thirty (30) days after receipt of an application, unless the Chief of Police finds one (1) or
more of the following to be true:
1. The location of the Sexually Oriented Business is or would be in violation of
Article III of this Chapter.
2. The applicant failed to supply all of the information requested on the application.
3. The applicant gave false, fraudulent or untruthful information on the application.
4. An applicant is under eighteen (18) years of age.
5. An applicant or an applicant's spouse is overdue in payment to the Texas
Secretary of State or 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.
6. An applicant or an applicant's spouse has been convicted or placed on deferred
disposition, probation or community supervision for a violation of a provision of this
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Chapter, within two (2) years immediately preceding the application. The fact that a
conviction is being appealed shall have no effect.
7. The license fee required by this Article has not been paid.
8. The applicant has not demonstrated that the owner of the Sexually Oriented
Business owns or holds a lease for the property or the applicable portion thereof upon
which the Sexually Oriented Business will be situated or has a legally enforceable right to
acquire the same.
9. An applicant or the proposed establishment is in violation of or is not in
compliance with Sections 18 -83 or 18 -90, 18- 112(H), 18- 114(A)(1), 18- 114(A)(5), 18-
115(A)(1), or 18- 115(A)(5), as applicable.
10. An applicant or an applicant's spouse has been convicted or placed on deferred
disposition, probation, or community supervision for:
a. Any offense under the laws of the United States of America, another state or
the Uniform Code of Military Justice for an offense described in this Section 18 -82
(A)(10); or
b. Any of the below offenses of the State of Texas or criminal attempt,
conspiracy, or solicitation to commit same:
(1) Any of the following offenses as described in Chapter 43 of the Texas
Penal Code:
(a) Prostitution;
(b) Promotion of prostitution;
(c) Aggravated promotion of prostitution;
(d) Compelling prostitution;
(e) Obscenity;
(f) Sale, distribution or display of harmful material to a minor;
(g) Sexual performance by a child;
(h) Possession of child pornography;
(2) Any of the following offenses as described in Chapter 21 of the Texas Penal
Code:
15
(a) Public lewdness;
(b) Indecent exposure;
(c) Indecency with a child;
(3) Sexual assault or aggravated sexual assault as described in Chapter 22 of
the Texas Penal Code;
(4) Incest, solicitation of a child or harboring a runaway child as described in
Chapter 25 of the Texas Penal Code; or
(5) Those crimes defined as "drug- defined offenses" or "drug- related
offenses" by the Bureau of Justice Statistics Drug & Crime Data Fact Sheet, 1994,
for which punishment would be classified as a felony as set forth in Section 12.04
of the Texas Penal Code;
C. For which:
(1) Less than two (2) years have elapsed since the date of conviction, or the
date of release from the terms of community supervision, probation, parole or deferred
disposition or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is a misdemeanor offense; or
(2) Less than five (5) years have elapsed since the date of conviction, or the
date of release from the terms of community supervision, probation, parole or deferred
disposition or the date of release from confinement for the conviction, whichever is the
later date, if the conviction is a felony offense; or
(3) Less than five (5) years have elapsed since the date of the last conviction
or the date of release from confinement for the last conviction, whichever is the later
date, if the convictions are of two (2) or more misdemeanor offenses or combination of
misdemeanor offenses occurring within any twenty -four (24) month period.
11. The applicant or the applicant's spouse is required to register as a sex offender
under the provisions of Chapter 62 of the Texas Code of Criminal Procedure.
12. The applicant failed to comply with any of the requirements of Section
243.0075 of the Texas Local Government Code regarding the posting of an outdoor sign.
B. An applicant, or applicant's spouse, who has been convicted of or placed on
deferred disposition, probation or community supervision for an offense listed in Section
18- 82(A)(10) may qualify for a Sexually Oriented Business license only when the time
period required by Section 18- 82(A)(10)(c) has elapsed.
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C. 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.
D. The license shall be posted in a conspicuous place at or near the entrance to the
Sexually Oriented Business, so that it is visible to the public at all times and may be
easily read.
SEC. 18 -83 Inspection and Maintenance of Records
A. A licensee, operator or employee of a Sexually Oriented Business shall be subject to
regulation under this Chapter and shall permit representatives of the Police Department,
Health Department, Fire Department, Building Inspections Division and Code
Enforcement Division to inspect all portions of the premises where customers are allowed
and the records required to be maintained under this Chapter by the Sexually Oriented
Business for the purpose of ensuring compliance with this Chapter at any time it is
occupied or open for business.
B. A licensee or operator of a Sexually Oriented Business commits an offense if the
person operates the establishment without maintaining a current list of all employees of
the business, along with a complete updated employment application for each employee.
A legible copy of a valid driver's license, state identification card, or passport, with a
photograph, together with an original photograph accurately depicting the employee as
the person appears at the time the person is hired, shall be required and maintained on the
premises with the employee's application.
C. A licensee or operator of a Sexually Oriented Business commits an offense if the
person refuses to permit a lawful inspection of the records and premises by a
representative of the Police Department at any time the Sexually Oriented Business is
occupied or open for business.
D. The licensee or operator of a Sexually Oriented Business shall maintain all records
required to be maintained under the provisions of this Chapter on the licensed premises.
E. The licensee or operator of a Sexually Oriented Business commits an offense if the
person does not maintain the required records on the premises of the licensed
establishment.
F. A licensee, operator or employee of a Sexually Oriented Business shall permit
representatives of the Police Department to take photographs of the licensee, operator or
employees of the Sexually Oriented Business for the purpose of ensuring compliance
with this Chapter at any time it is occupied or open for business.
G. A licensee, operator or employee of a Sexually Oriented Business commits an
offense if that person does not permit representatives of the Police Department to take
photographs of the licensee, operator or employee of the Sexually Oriented Business at
any time it is occupied or open for business.
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H. The provisions of this section do not apply to areas of a Sexually Oriented Motel
which are currently being rented by a customer for use as a permanent or temporary
habitation.
SEC. 18 -84 Expiration and Renewal of License
A. Each license shall expire one year after the date of issuance.
B. Renewal of a license may be applied for by submission to the Chief of Police of an
application on the form prescribed by such official and payment of a nonrefundable
renewal processing fee of Five Hundred Dollars ($500).
C. Application for renewal shall be made at least thirty (30) days before the expiration
date of the current license.
SEC. 18 -85 Suspension
A. Subject to Section 18- 85(B), the Chief of Police shall suspend a Sexually Oriented
Business license if the Chief of Police determines that a licensee(s), operator(s) or
employee(s) of a licensee (or any combination thereof) has /have:
1. (a) On five (5) or more occasions within any twelve (12) month period of time
been cited for a violation of Sections 18 -120, 18 -122, 18 -123 or any of the provisions of
Division 3 or 4 of this Chapter; (b) been convicted or placed on deferred disposition or
probation for the violations; and (c) the Chief of Police determines that notice of the
citations has been sent to the licensee in accordance with Section 18 -131 of this Chapter;
or
2. (a) On five (5) or more occasions within any twelve (12) month period of time
been cited for a violation of Section 18 -83 of this Chapter; (b) been convicted or placed
on deferred disposition or probation for the violations; and (c) the Chief of Police
determines that notice of the citations has been sent to the licensee in accordance with
Section 18 -131 of this Chapter; or
3. (a) Cited for any combination of offenses under subsections (1) or (2) above that
total five (5) within any twelve (12) month period of time; (b) convicted or placed on
deferred disposition or probation for the violations; and (c) the Chief of Police determines
that notice of the citations has been sent to the licensee in accordance with Section 18-
131 of this Chapter.
B. A period of suspension will begin the first day after the decision of the Chief of
Police becomes final as provided in Section 18 -86, unless the licensee appeals to district
court under Section 18 -89. If appeal is taken under Section 18 -89, the period of
suspension begins the day after all appeals are final.
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C. Each day in which a violation is permitted to continue shall constitute a separate
violation for purposes of suspension.
SEC. 18 -86 Grounds for Revocation
A. The Chief of Police may revoke a Sexually Oriented Business license:
1. If a cause of suspension in Section 18 -85 occurs and the license has been ordered
suspended by the Chief of Police for a thirty (30) day period pursuant to Section 18-
85(B)(4) within the preceding year; or
2. If the Chief of Police determines that on two or more occasions within a five (5)
year period of time a licensee(s) or operator(s) (or any combination thereof) has/have
been convicted of or placed on deferred disposition, probation or community supervision
for conduct occurring in a licensing period on the premises of a Sexually Oriented
Business that constitutes any of the offenses of the State of Texas or criminal attempt,
conspiracy, or solicitation to commit same for:
Code:
a. Any of the following offenses as described in Chapter 43 of the Texas Penal
(1) Prostitution;
(2) Promotion of prostitution;
(3) Aggravated promotion of prostitution;
(4) Compelling prostitution;
(5) Obscenity;
(6) Sale, distribution or display of harmful material to a minor;
(7) Sexual performance by a child;
(8) Possession of child pornography;
b. Any of the following offenses as described in Chapter 21 of the Texas Penal
Code:
(1) Public lewdness;
(2) Indecent exposure;
(3) Indecency with a child;
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C. Sexual assault or aggravated sexual assault as described in Chapter 22 of the
Texas Penal Code;
d. Incest, solicitation of a child or harboring a runaway child as described in
Chapter 25 of the Texas Penal Code; or
e. Those crimes defined as "drug- defined offenses" or "drug- related
offenses" by the Bureau of Justice Statistics Drug & Crime Data Fact Sheet, 1994,
for which punishment would be classified as a felony as set forth in Section 12.04
of the Texas Penal Code.
3. If a licensee or operator gave false or misleading information in the material
submitted to the Chief of Police during the application process;
4. If a licensee or operator has knowingly allowed possession, use or sale of a
controlled substance on the premises;
5. If a licensee or operator has on two (2) or more occasions knowingly allowed
prostitution on the premises;
6. If a licensee or operator knowingly operated the Sexually Oriented Business
during a period of time when the licensee's license was suspended;
7. If a licensee or operator has, on two (2) or more occasions, knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to
occur in or on the licensed premises. The term "sexual contact" shall have the same
meaning as it is defined in Section 21.01, Texas Penal Code;
8. If a licensee is delinquent in payment to the City for hotel occupancy taxes, ad
valorem taxes or sales taxes related to the Sexually Oriented Business;
9. If the licensee is required to register as a sex offender under the provisions of
Chapter 62 of the Texas Code of Criminal Procedure.
10. If a license is transferred in violation of Section 18- 90(A).
B. The fact that a conviction is being appealed shall have no effect on the revocation of
the license.
C. Section 18- 86(A)(7) does not apply to Sexually Oriented Motels as a ground for
revoking the license, unless the licensee or employee knowingly allowed the act of sexual
intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public
place or within public view.
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SEC. 18 -87 Denial, Suspension and Revocation Procedures
A. A denial, suspension, or revocation is an administrative procedure. In any hearing
relating to such actions under this Section, the burden of proof shall be on the City
(except for affirmative defenses), and shall be by a preponderance of the evidence.
B. If the Chief of Police is authorized to deny the issuance of a license, or suspend or
revoke a license, the Chief of Police shall give written Notice to the applicant or licensee
of his intent to implement denial, suspension, or revocation procedures.
The notice shall state the reason for such denial, suspension, or revocation.
2. The provisions of the code which have been violated.
3. The person or office with which any request for contested case hearing must be
filed and the address at which any such request must be filed.
C. The notice shall provide that the denial of issuance, suspension or revocation
shall take effect at the expiration of the tenth calendar day after notification, unless the
licensee or permit holder provides a written request for hearing to the Chief of Police
before the expiration of the tenth calendar day.
D. If a written request for hearing from the applicant, permit holder, or licensee is
received by the Chief of Police before the expiration of the tenth calendar day, the
suspension, denial of issuance, or revocation will be stayed pending a hearing and a
decision by the Hearing Officer.
E. In making a determination as to the denial of a license, the Chief of Police shall
consider whether the applicant has established the applicant's entitlement to a license
under the requirements imposed by Section 18 -82 of this Chapter and/or whether the City
has established a disqualifying factor under the requirements imposed by Section 18 -82
of this Chapter.
F. In making a determination of the suspension of a license under Section 18 -85 of
this Chapter, the Chief of Police shall consider: (1) whether the required number of
citations under Section 18- 85(A)(1), (2), or (3) were issued to the licensee, operator, or
employee of the licensee within a twelve (12) month period of time; (2) whether notice of
such citations was sent to the proper Sexually Oriented Business in compliance with
Section 18 -131 of this Chapter; (3) whether the licensee, operator, or employee of the
licensee was convicted or placed on deferred disposition or probation for the citations.
G. In making a determination of the revocation of a license under Section 18-
86(A)(1) of this Chapter, the Chief of Police shall consider: (1) whether the required
number of citations under Section 18- 85(A)(1), (2), or (3) were issued to the licensee,
operator, or employee of the licensee within a twelve (12) month period of time; (2)
whether notice of such citations was sent to the proper Sexually Oriented Business in
compliance with Section 18 -131 of this Chapter; (3) whether the licensee, operator, or
21
employee of the licensee was convicted or placed on deferred disposition or probation for
the citations; and (4) whether the license at issue has been ordered suspended for a thirty
(30) day period of time pursuant to Section 18- 88(B)(4) of this Chapter within the
preceding twelve (12) month period of time.
H. In making a determination of the revocation of a license under Sections 18-
86(A)(2)-(10) of this Chapter, the Chief of Police shall consider whether the evidence
shows that the specified convictions, events, or actions occurred as set forth in those
sections of this Chapter.
SEC. 18 -88 Period of Suspension or Revocation
A. The revocation of a license as provided for in Section 18 -86 of this Chapter shall be
for a period of twelve (12) months.
B. The suspension of a license as provided for in Section 18 -85 of this Chapter shall be
as follows:
1. The first suspension of a license shall be for a period of three (3) calendar days.
When the Chief of Police is authorized to suspend a license for three (3) days, he shall
notify the licensee in the notice of decision of the licensee's opportunity to pay a
reinstatement fee in the amount of $500.00 in lieu of the suspension. Payment of this
administrative fee shall be considered, for the purposes of this Subsection, the first
suspension and an administrative admission of the violations. However, this shall not be
used as an admission of guilt in a criminal prosecution under this Chapter. If the licensee
does not pay the reinstatement fee before the expiration of the thirtieth (30th) calendar day
after notification, the licensee loses the opportunity to pay it.
2. The second suspension of a license shall be for a period of seven (7) calendar
days.
The third suspension of a license shall be for a period of fifteen (15) calendar
days.
4. The fourth suspension of a license shall be for a period of thirty (3 0) calendar
days. Except where grounds for revocation of a license exist under Section 18- 86(A)(1),
each subsequent suspension of a license shall be for a period of thirty (30) calendar days.
SEC. 18 -89 Administrative Hearinjj and Appeals
A. The applicant or licensee shall have ten (10) calendar days from the date notice is
received, to request a hearing on the denial, suspension or revocation. The request shall
be in writing and delivered via personal delivery, or via U.S. Postal Service, Certified
Mail, Return Receipt Requested. If filed by mail, the request shall be considered timely
filed if the green return receipt card shows the item was properly addressed and received
by the addressee on or before the tenth calendar day from the date the permit holder,
22
licensee, or applicant received Notice of Intention to Revoke/ Suspend. Upon receipt of
the request for hearing, a hearing before the Hearing Officer shall be scheduled to take
place within thirty (3 0) calendar days unless both parties agree to a certain date beyond
the thirty days. The Hearing Officer shall consider only the testimony and evidence
admitted for consideration at the hearing. The Hearing Officer shall have five (5)
business days from the date of the hearing to notify the applicant or licensee of the
decision.
1. Standing:
a. Only the Chief of Police and the licensee, permit holder, or applicant
shall have standing in an administrative revocation, suspension, or denial
proceeding.
2. Representation by Counsel
a. Each party is entitled to:
(1) The assistance of counsel, at the party's expense, before the
Hearing officer; or
(2) Expressly waive the right to assistance of counsel in writing or
on the record before the Hearing Officer
3. Status of Permit During Hearing
a. While a case is pending, and prior to the final decision of the Hearing
Officer regarding revocation or suspension, a permit remains valid unless:
(1) It expires without timely application for renewal;
(2) It is voluntarily withdrawn or surrendered by the permit holder;
or
(3) The permit holder commits an act or omission contrary to the
provisions of this Article which otherwise invalidates the permit.
(4) This shall not apply during any judicial appeal following the
decision of the hearing officer.
4. Applicable Rules:
a. Except as otherwise indicated herein, the Texas Rules of Evidence and
the Texas Rules of Civil Procedure shall apply to a hearing.
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5. The following additional rules shall apply to any hearing pursuant to this
Article:
a. The City Attorney, or his designated representative shall represent the
Chief of Police.
b. Except upon express written agreement of all parties to the hearing, or
upon showing of good cause for a period not to exceed twenty days, a
hearing will not be continued.
c. Ex parte communications in connection with any issue of fact or law
between any party and the Hearing Officer are strictly prohibited, except
on notice and opportunity for each party to participate.
d. A party may request a court reporter to transcribe the hearing. The party
requesting a transcript of the hearing shall bear the cost for production of
the transcript.
e. If there be any conflict between the Texas Rules of Evidence and the
Texas Rules of Civil Procedure and the rules set forth in this Article, this
Article shall prevail.
6. Record —The hearing record shall include the following:
a. a File Stamped Copy of Notice of Intention to Revoke/ Suspend Permit;
b. the request for a hearing and any written response to the Notice of
Intention to Revoke/ Suspend Permit or License;
c. a statement of matters officially noticed;
d. questions and offers of proof, objections, and ruling on them;
e. each decision, opinion, or report prepared by the Hearing Officer at the
hearing;
f. all documents, data, and other evidence submitted to or considered by
the Hearing Officer used in making his or her decision; and,
g. the record shall be filed with the Municipal Court for the City of Euless.
7. Decision of the Hearing Officer
a. If a request for a hearing has been timely filed, the Hearing Officer shall
conduct a de novo hearing and shall make one of the following findings:
24
(1) If the hearing is one for which the permit or license is subject to
suspension, the Hearing Officer's determination that the alleged
offense occurred and the severity of the offense, either order a
suspension pursuant to the time periods in Section 18 -88; or deny
the suspension.
(2) If the Hearing Officer finds that any of the condition set forth
in this Article exists that would make the permit or license subject
to revocation, the Hearing Officer shall, on the basis of the severity
of the offense, either: revoke the permit or license, or order a
suspension pursuant to Section 18 -88.
b. If the Hearing Officer does not make the requisite findings, then the
permit or revocation or suspension is deemed as being denied.
8. Notice of Revocation/ Suspension
a. A final decision or order by the Hearing Officer shall be issued in
writing, and shall:
(1) include findings of fact and conclusions of law, separately
stated;
(2) contain a concise and explicit statement of the underlying facts
supporting the findings;
(3) if a party submits proposed finding of fact, the decision or
order shall include a ruling on each proposed finding;
(4) be rendered not later than five business days after the date on
which the hearing is finally closed;
(5) be provided to all parties via personal delivery or via United
States Postal Service, Certified Mail, Return Receipt Requested;
and,
(6) be considered timely if:
(a) for personal delivery, a party receives notice not later
than three business days from the date on which the
decision is rendered; or,
(b) for postal delivery, the decision or order is postmarked
not later than three business days from the date on which
the decision is rendered.
25
b. The decision by the Hearing Officer is effective thirty (30) calendar
days after the applicant or licensee is notified of the decision, unless a
reinstatement fee under Section 18- 88(B)(1) of this Chapter is paid (if
available), or an appeal is made to District Court.
c. Following a final decision, any revocation or suspension of the permit in
question shall take effect upon the date of delivery of the notice of the
Hearing Officer's decision or such other date as may be set by the Hearing
Officer and stated in the notice.
d. Any act authorized by permit shall be unauthorized and in violation of
this Article upon and after the effective date of any suspension of the
permit until the suspension expires.
e. Any act authorized by a permit shall be unauthorized and in violation of
this Article upon and after the effective date of any revocation of the
permit unless and until a new permit, if any, is applied for and granted
pursuant to the terms of this Article. If a permit has been revoked because
of crimes or activities occurring on the premises of a Sexually Oriented
Business, the owner/ operator of the Sexually Oriented Business is
disqualified from receiving or holding any permit under this Article for a
period of one calendar year from the effective date of the revocation.
f. If a permit is suspended or revoked because of crimes or activities
occurring on the premises of a Sexually Oriented Business, each and every
individual, person, or association which is an owner/ operator of a
Sexually Oriented Business at the time of any suspension or revocation of
the sexually oriented business for that establishment shall be considered to
have had a permit suspended or revoked as if they held the permit or
license in their own name for purposes of determining whether they are
qualified to participate in another permit application under this Article. If a
permit is suspended or revoked because of crimes or activities of one or
more of the permit holders which did not occur on the licenses premise,
then only the individual(s) shall be considered to have had a permit
suspended or revoked for purposes of determining whether they are
eligible to participate in another permit application under this Article.
B. Upon receipt of written notice of the denial, suspension or revocation of a license,
the applicant whose application for a license has been denied or whose license has been
suspended or revoked shall have the right to appeal by filing suit in the appropriate
district court within thirty (30) calendar days after the receipt of notice of the decision of
the Hearing Officer, as applicable. The filing of such suit shall have the effect of staying
denial, suspension or revocation for the Sexually Oriented Business licensed under this
Chapter at such location, pending a judicial determination of the appeal. The City shall
grant a provisional license upon the filing of a court action to appeal the denial of a
Sexually Oriented Business license if the applicant is not currently licensed for such
W
business at the subject location; provided, however, a provisional license shall not be
issued under the following circumstances: (a) the location of the proposed Sexually
Oriented Business is or would be in violation of Division 8 of this Chapter; (b) the
duration of the provisional license would coincide with any period of license suspension
or revocation set forth in Section 18 -88; or (c) there has been a judicial determination
upholding the denial of a license for such Sexually Oriented Business at such location
within the previous twelve (12) calendar months. Written notice of the denial of a
provisional license and the basis for the denial will be provided by the Chief of Police
within ten (10) calendar days of service of the court action upon the City.
If the Hearing Officer renders a decision adverse to the Chief of Police, then
the Chief of Police shall have thirty days from which the Notice of Revocation/
Suspension is issued in which to file suit in the appropriate district court.
Failure to file suit shall waive and shall bar any appeal or cause of action if suit
is not filed within thirty days.
C. Any provisional license and certificate of occupancy issued under this section will
expire upon the court's entry of judgment on such appeal. The applicant shall bear the
burden of proof in court. The substantial evidence standard of review shall apply to such
appeal.
SEC 18 -90 Transfer of License
A. A person commits an offense if the person transfers a license or permit to another
person or operates a Sexually Oriented Business under the authority of a license at any
place other than the address designated on the license. A transfer of a license is deemed
to have occurred if there is a transfer of more than fifty percent (50 %) of the ownership
or control of a Sexually Oriented Business.
B. A person commits an offense if the person counterfeits, forges, changes, defaces or
alters a license.
SEC 18 -91 Exemption From Location Restrictions
A. If the Chief of Police denies the issuance of a license to an applicant because the
location of the Sexually Oriented Business is in violation of Division 8, then the applicant
may, not later than ten (10) calendar days after receiving notice of the denial, file with the
City Secretary a written request for an exemption from the locational restrictions.
B. If the written request is filed with the City Secretary within the ten (10) day limit,
the Zoning Board of Adjustment shall consider the request. The City Secretary shall set a
date for the hearing within sixty (60) days from the date the written request is filed,
unless both parties agree to a certain date beyond the sixty (60) days. If a timely request
is so filed, the existing license is deemed not to have expired until the decision of the
27
Board on such request. The Zoning Board of Adjustment shall enter a written ruling on
the request within five (5) days of the hearing.
E. The Zoning Board of Adjustment may grant an exemption from the location
restrictions of Division 8, if it makes the following findings:
1. That the location of the Sexually Oriented Business will not have a detrimental
effect on nearby properties or be contrary to the public safety or welfare;
2. That the location of the Sexually Oriented Business will not downgrade the
property values or quality of life in the adjacent areas or encourage the development of
urban blight;
3. That the location of the Sexually Oriented Business in the area will neither be
contrary to any program of neighborhood conservation, nor will it interfere with any
efforts of urban renewal or restoration; and
4. That all other applicable provisions of this Chapter will be observed.
F. In making the findings specified in Section 18- 91(E), the Board may take into
account among other things:
1. Crime statistics of the location and its 1,000 foot radius maintained by the
appropriate law enforcement agency for the previous twelve (12) month period;
2. Assessed values for the location and properties within the surrounding 1,000 foot
radius, taking into account any decline or increase in property values or rates of decrease
or increase in property values in relation to otherwise comparable properties;
3. Sales, leases, and vacancy rates of all property types within the surrounding
1,000 foot radius in relation to otherwise comparable properties; and
4. Any evidence regarding the award or denial of any public or private grants for
neighborhood conservation, urban renewal or restoration for any property located within
a 1,000 foot radius.
G. The Board shall grant or deny the appeal by a majority vote. Failure to reach a
majority vote approving the appeal shall result in denial. Disputes of fact shall be
decided on the basis of a preponderance of the evidence. A decision by the Zoning Board
of Adjustment shall be considered a final action.
H. If the Board grants an exemption to the location restrictions, the exemption is valid
for one (1) year from the date of the Board's action. Except as provided in Section 18-
91(B), the Sexually Oriented Business is in violation of the location restrictions of
Division 8 until the applicant applies for and receives another exemption.
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I. The grant of an exemption does not exempt the applicant from any provisions of this
Chapter other than the location restrictions.
18 -92 Exceptions
A. It is an exception to the application of Section 18 -107 of this Article that at the
time of the state of nudity or semi - nudity the actor was:
1. an individual, person, or, in the case of 18 -107 C. -18 -107 F., an association,
who owns manages, operates, or appears nude in a public place that is a business
operated by or employing a licensed psychologist, licensed physical therapist,
licensed athletic trainer, licensed cosmetologist, licensed massage therapist, or
licensed barber engaged in performing function authorized under the lawful
license held;
2. an individual, person, or, in the case of 18 -107 C. -18 -107 F., an association,
who owns, manages, operates, or appears in nude in a public place that is a
business operated by or employing a licensed physician or chiropractor engaged
in practicing the healing arts; or
3. an individual, person, or, in the case of 18 -107 C. -18 -107 F., an association, who
owns, manages, operates, or appears in nude in a public place that is a business licensed
as a tattoo studio or a body piercing studio and was engaged in practices authorized under
the license.
Secs. 18 -93 — 18 -99. Reserved.
Division 3
SEXUALLY ORIENTED BUSINESS EMPLOYEES, CONDUCT AND
OPERATIONS
Sec. 18 -100. Definitions
As used in this article, the following words and terms shall have the meanings
ascribed to them in this section, unless the context of their usage clearly indicates another
meaning:
CONDUCT ANY BUSINESS IN AN ENTERPRISE means any person who does
any one or more of the following shall be deemed to be conducting business in an
enterprise:
(1) Operates a cash register, cash drawer or other depository on the premises of the
enterprise where cash funds or records of credit card or other credit transactions
generated in any manner by the operation of the enterprise or the activities of the
premises of the enterprise;
PIE
(2) Displays or takes orders from any customer for any merchandise, goods,
entertainment or other services offered on the premises of the enterprise;
(3) Delivers or provides to any customer any merchandise, goods, entertainment or other
services offered on the premises of the enterprise;
(4) Acts as a door attendant to regulate entry of customers or other persons into the
premises of the enterprise; or
(5) Supervises or manages other persons in the performance of any of the foregoing
activities on the premises of the enterprise.
CUSTOMER means any person who:
(1) Is allowed to enter an enterprise or any portion of an enterprise in return for the
payment of an admission fee, membership fee or any other form of consideration or
gratuity;
(2) Enters an enterprise or any portion of an enterprise and purchases, rents or otherwise
partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of an enterprise operating as a private or
membership club or an enterprise that reserves any portion of the premises of the
enterprise as a private or membership club.
DIRECTOR means the Chief of Police and such employee(s) of the police
department as he may designate to perform the duties of the director under this article.
EMPLOYEE means any person who renders any service whatsoever to the
customers of an enterprise, works in or about an enterprise or who conducts any business
in an enterprise and who receives or has the expectation of receiving any compensation
from the operator, or customers of the enterprise. By way of example, rather than
limitation, the term includes the operator and other management personnel, clerks,
dancers, models and other entertainers, food and beverage preparation and service
personnel, door persons, bouncers, and cashiers. It is expressly intended that this
definition cover not only conventional employer- employee relationships but also
independent contractor relationships, agency relationships, and any other scheme or
system whereby the 'employee' has an expectation of receiving compensation, tips, or
other benefits from the enterprise or its customers in exchange for services performed.
ENTERPRISE means an adult bookstore, adult cabaret, adult encounter parlor,
adult lounge, adult modeling studio, adult movie theater or any establishment whose
primary business is the offering of a service or the selling, renting or exhibiting of
devices or any other items intended to provide sexual stimulation or sexual gratification
to its customers, and which is distinguished by or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical
30
areas. The term "enterprise" shall include any premises for which a permit is required
under either or both of Articles II and III of this chapter. However, the term 'enterprise'
shall not be construed to include:
(1) Any business operated by or employing licensed psychologists, licensed physical
therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers
performing functions authorized under the licenses held;
(2) Any business operated by or employing licensed physicians or licensed chiropractors
engaged in practicing the healing arts; or
(3) Any retail establishment whose major business is the offering of wearing apparel for
sale to customers.
ENTERTAINER means any employee of an enterprise who performs or engages
in entertainment.
ENTERTAINMENT means any act or performance, such as a play, skit, reading,
revue, fashion show, modeling performance, pantomime, role playing, encounter session,
scene, song, dance, musical rendition or striptease that involves the display or exposure
of specified sexual activities or specified anatomical areas. The term "entertainment"
shall include any employee or entertainer exposing any specified anatomical areas or
engaging in any specified sexual activities whatever in the presence of customers.
MANAGER means any person who supervises, directs or manages any employee
of an enterprise or any other person who conducts any business in an enterprise with
respect to any activity conducted on the premises of the enterprise, including any "on -site
manager."
ON -SITE MANAGER means any person charged by an owner or operator of an
enterprise with the responsibility for direct supervision of the operation of the enterprise
and with monitoring and observing all areas of the enterprise to which customers are
admitted at all times during which the enterprise is open for business or customers are on
the premises of the enterprise.
OPERATOR means the manager or other natural person principally in charge of
an enterprise.
OWNER or OWNERS means the proprietor if a sole proprietorship, all general
partners if a partnership, or the corporation if a corporation.
PERiMIT means the current, valid permit issued by the director pursuant to the
terms of this article.
SEPARATE AREA means any portion of the interior of an enterprise separated
from any other portion of an enterprise by any wall, partition or other divider.
31
SPECIFIED ANATOMICAL AREAS:
(1) Less than completely and opaquely covered:
a. Human genitals, pubic region or pubic hair;
b. Buttock;
c. Female breast or breasts or any portion thereof that is situated below a point
immediately above the top of the areola; or
d. Any combination of the foregoing; or
(2) Human male genitals in a discernibly erect state, even if completely and opaquely
covered.
SPECIFIED SEXUAL ACTIVITIES:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair,
buttock or female breast or breasts; or
(4) Any combination of the foregoing.
TEMPORARY ENTERTAINER means an individual who holds a Temporary
Entertainer's Permit
TEMPORARY ENTERTAINER'S PERMIT means an Entertainer's Permit that
is valid for a reduced period of time, as set forth in this Article.
TEMPORARY FLOOR - MANAGER means an individual who holds a
Temporary Floor - Manager's Permit.
TEMPORARY FLOOR - MANAGER'S PERMIT means a Floor- Manager's
Permit that is valid for a reduced period of time, as set forth in this Article.
TEMPORARY MANAGER means an individual who holds a Temporary
Manager's Permit
TEMPORARY MANAGER'S PERMIT means an Entertainer's Permit that is
valid for a reduced period of time, as set forth in this Article.
32
Sec. 18 -101. Cumulative
The provisions of this Article are expressly made cumulative of other applicable
laws including, without limitation to the entire chapter.
Sec. 18 -102. Permit required
A. It shall be unlawful for any person who does not hold a permit or temporary permit to
act as an entertainer or a manager of or in an enterprise.
B. It shall be the duty of the operator and owners of each enterprise to ensure that no
person acts as an entertainer or manager of or in the enterprise unless that person holds a
permit or temporary permit.
Sec. 18 -103. Issuance of permits
A. Any person who desires to obtain an original or renewal permit shall make
application to the director in person at the Police Department between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday, city observed holidays excepted. The
application shall be made under oath upon a form prescribed by the director and shall
include:
1. The name, home street address and mailing address (if different) of the applicant;
2. Proof of the date of birth of the applicant and the identity of the applicant, including
at least one photographic identity card issued by a governmental agency;
3. A list of any criminal charges pending, convictions, and time of service in jail or
prison as related to any applicable offense that is specified in Section 18 -82 of this
Article; and
B. Each application shall be accompanied by a nonrefundable processing fee of $60.00.
Each applicant shall be required to obtain from the Texas Department of Public Safety a
copy of their criminal history report and surrender it to the Police Department upon
making application.
C. The Director shall issue the permit within three business days from the date of filing
of the application unless he finds that the applicant has been convicted of or spent time in
jail or prison for an offense specified in the applicable provisions of Section 18 -82 of this
Article within the time specified therein. If the application is not granted, then the
applicant shall be mailed notice of the grounds and of their right to provide evidence and
request a hearing as provided by Section 18 -87 of this Article, within ten days from the
date of filing of the application.
D. Each permit issued by the Director shall consist of two photographic identification
cards, a personal card and an on -site card.
33
E. Any applicant whose application is denied and who requests a hearing on the denial
shall be granted a hearing within thirty days following the receipt of the request by the
Chief of Police. The hearing shall be conducted as provided in Section 18 -89 of the
Article. If the Hearing Officer rules against the applicant, then the applicant shall be
given notice of the right to seek an injunction or judicial review of the decision as
provided in Section 18 -89 of this Article.
F. In the event that the director fails to issue or deny a permit application within the time
specified in subsection (c) or to provide a hearing within the time specified in subsection
(e), then the applicant shall, upon written request, be immediately issued a temporary
permit which shall be valid until the third day after the applicant is given notice of the
decision of the director or the hearing officer.
G. If any personal card or on -site card is lost or stolen, the holder thereof shall
immediately notify police department and request a replacement, which shall be issued
for a fee of $35.00 within three days following verification of the identity of the holder.
H. No permit application shall be accepted nor shall a permit be issued to any person
who does not provide proof that he is at least 18 years old. Any permit issued by virtue of
any misrepresentation or error to any person under age 18 shall be void, and the holder of
such permit shall be subject to criminal prosecution.
I. A temporary manager's permit or temporary entertainer's permit shall be issued
within twenty -four hours of the application when:
1. The application has been completed and submitted to the Police Department.
2. The applicant supplies a copy of a valid and lawful photographic
identification card that was issued to the individual by a governmental
authority of the United States of America or any State, possession,
commonwealth, or territory thereof;
3. A preliminary investigation indicates that the applicant is otherwise qualified
under this Article for the issuance of a temporary permit; and
4. The applicant has not applied for or been granted a temporary permit in the
year preceding the application.
Sec. 18 -104. Term, transfer, amendment
A. A permit is valid for two years from the date of its issuance.
B. A temporary entertainer's permit or temporary manager's permit shall be valid for
thirty calendar days.
C. A permit is personal to the named permit holder and is not valid for use by any other
person.
34
D. Each permit holder shall notify the police department of his new address within ten
days following any change of address.
E. Permits shall be portable from location to location, so long as each such location is a
validly licensed Sexually Oriented Business.
Sec. 18 -105. Display
A. 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 an enterprise.
B. Each manager or entertainer shall provide his on -site card to the manager or on -site
manager in charge of the enterprise to hold while the manager or entertainer is on the
premises.
C. In any prosecution under Section 18 -105 of this Article, it shall be presumed that the
actor did not have a permit unless the permit was in display as required under section (a)
of this subsection.
Sec. 18 -106. Revocation
In the event that the director has reasonable grounds to believe that any permit
holder has been convicted of or spent time in jail or prison for an offense as specified in
the applicable provision of Section 18 -82 of this Article within the time specified therein,
then the Director may revoke the permit following a notice of the grounds pursuant to
Section 18 -87. The permit holder has a right to an administrative hearing pursuant to
Section 18 -89. In the event that the hearing officer determines that the permit should be
revoked, then he or she shall issue render a decision pursuant to Section 18 -89 following
the mailing of notice of the decree to the permit holder in order to allow the permit holder
an opportunity before the permit must be surrendered to seek an injunction or judicial
review of the decision as authorized in Section 18 -89 of this Article.
18 -107 Nuditv and Semi - Nudity Prohibited in a Public Place
A. It shall be unlawful for an individual to intentionally or knowingly appear in a
state of nudity within 50 feet of a public place or establishment that serves or
permits the consumption of alcohol.
B. It shall be unlawful for an individual to intentionally or knowingly appear in a
state of semi - nudity within 50 feet of a public place or establishment that serves
or permits the consumption of alcohol.
C. It shall be unlawful for an individual, person, corporation, or association that
manages, or operates a Sexually Oriented Business to intentionally or knowingly
35
allow an individual to appear on the premises of said establishment in a state of
nudity.
D. It shall be unlawful for an individual, person, corporation, or association that
manages, or operates a Sexually Oriented Business to intentionally or knowingly
allow an individual to appear on the premises of said establishment in a state of
semi - nudity.
E. It shall be unlawful for an owner - operator of a Sexually Oriented Business to
intentionally or knowingly allow an individual to appear on the premises of said
establishment in a state of nudity.
F. It shall be unlawful for an owner - operator of a Sexually Oriented Business to
intentionally or knowingly allow an individual to appear on the premises of said
establishment in a state of semi - nudity.
Sec. 18 -108 Loitering and Monitoring
(a) It shall be the duty of the operator of a Sexually Oriented Business to:
(i) ensure that at least two conspicuous signs, visible from a public right of way,
stating that no loitering is permitted on the premises are posted on the exterior of the
structure;
(ii) designate one or more employees to monitor the parking lot of the premises by
the use of video cameras and monitors, which shall operate and record continuously at all
times that the premises are open for business. The monitors shall be installed within a
manager's station, and the operator of a Sexually Oriented Business shall preserve the
recordings of the parking lot of the premises for a period of not less than thirty (30) days
before the recordings may be erased. Recordings maintained under this Section are
subject to the inspection requirements set forth in Section 18 -83.
(b) No Sexually Oriented Business shall erect a fence, wall, or similar barrier that
prevents any portion of the parking lot(s) for the establishment from being visible from a
public right of way.
(c) It shall be unlawful for a person having a duty under this section to intentionally or
knowingly fail to fulfill that duty.
Sec. 109. Reserved.
Division 4
ADDITIONAL REGULATIONS
Sec. 18 -110 Additional Regulations for Sexually Oriented Cabaret
9M
A. A person commits an offense if the person employs at a Sexually Oriented Cabaret
any person under the age of eighteen (18) years.
B. An employee of a Sexually Oriented Cabaret, while appearing in a state of nudity or
semi - nudity, commits an offense if the employee intentionally or knowingly touches a
customer or the clothing of a customer.
C. A customer at a Sexually Oriented Cabaret commits an offense if the customer
intentionally or knowingly touches an employee appearing in a state of nudity or semi -
nudity or the clothing of an employee appearing in a state of nudity or semi - nudity.
D. A licensee, operator or employee commits an offense if the licensee, operator or
employee intentionally or knowingly allows, in a Sexually Oriented Business, a person to
appear on a stage, unless (1) no customer is present on the stage; (2) the stage is at least
eighteen (18) inches above the floor, and is: (a) at least six (6) feet from any customer
(hereinafter called "unenclosed performance stage "); or (b) physically separated from
customers by a wall or partition composed of solid glass or light - transmitting plastic, or
substantially equivalent material extending from the floor of the performance stage to at
least five (5) feet above the level of the performance stage, but such that there are no
openings in the wall or partition that would permit physical contact between customers
and such employee (hereinafter called "enclosed performance stage ").
E. A licensee or employee commits an offense if the licensee or employee intentionally
or knowingly 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
private, exclusive, closed, curtained, or otherwise screened area, excluding restrooms.
The view required in this subsection shall be by direct line of sight. The view shall be
deemed insufficient if clear visibility of such line of sight must be attained by utilizing
flashlights or spotlights in addition to overhead house lighting.
F. A licensee, operator or employee commits an offense if the licensee, operator or
employee intentionally or knowingly appears in a state of nudity or semi - nudity or
intentionally or knowingly allows another to appear in a state of nudity or semi - nudity in
an area of the Sexually Oriented Cabaret business premises which can be viewed from
the public right -of -way.
G. A licensee commits an offense if the licensee fails to display the signs on the
interior of the Sexually Oriented Cabaret business premises as required in Section 18-
123(A) and/or the floor markings required in Section 18- 123(B).
H. An employee of a Sexually Oriented Cabaret must attend training given by the
licensee concerning the requirements of this Chapter as they pertain to Sexually Oriented
Cabarets, including but not limited to Sections 18 -83, 18 -85, 18 -86, 18 -110, 18 -120, 18-
121, 18 -122, 18 -123, and 18 -130, before the employee receives any compensation for the
person's services. The licensee shall provide this training to all employees at the
beginning of employment before the employee receives any compensation for services;
37
and, at least once a year thereafter. The licensee shall maintain written records of the
training provided to each employee pursuant to this subsection. These records shall
include a signed and dated statement from each employee verifying the employee's
attendance at and participation in training provided by the licensee identifying the date on
which the training was provided and the specific topics discussed.
I. A licensee shall designate and appoint one or more individuals to manage, direct,
and control the premises and operations of the Sexually Oriented Cabaret. At least one
person so appointed shall be on the premises at any time the Sexually Oriented Cabaret is
open.
J. An operator or a person appointed under Subsection (H) above shall at all times have
the duty to ensure that each employee in the Sexually Oriented Cabaret has received the
training required by Subsection (G) above and each employee is instructed to commit no
act which would constitute a violation of this Chapter or which would provide grounds,
or part of the grounds, for suspension or revocation of a license issued under this Chapter.
Sec. 18 -111 Additional Regulations for Escort Agencies
A. A person commits an offense if the person employs at an Escort Agency any person
under the age of eighteen (18) years.
B. A person commits an offense if the person acts as an escort or agrees to act as an
escort for any person under the age of eighteen (18) years.
C. An employee of an Escort Agency must attend training given by the licensee
concerning the requirements of this Chapter as they pertain to Escort Agencies, including
but not limited to Sections 18 -83, 18 -85, 18 -86, 18 -110, 18 -120, 18 -121, 18 -122, 18 -123,
and 18 -130, before the employee receives any compensation for the person's services.
The licensee shall provide this training to all employees at the beginning of employment
before the employee receives any compensation for services; and, at least once a year
thereafter. The licensee shall maintain written records of the training provided to each
employee pursuant to this subsection. These records shall include a signed and dated
statement from each employee verifying the employee's attendance at and participation
in training provided by the licensee identifying the date on which the training was
provided and the specific topics discussed.
D. A licensee shall designate and appoint one or more individuals to manage, direct,
and control the premises and operations of the Escort Agency. At least one person so
appointed shall be on the premises at any time the Escort Agency is open.
E. An operator or a person appointed under Subsection (D) above shall at all times
have the duty to ensure that each employee in the Escort Agency has received the training
required by Subsection (C) above and each employee is instructed to commit no act
which would constitute a violation of this Chapter or which would provide grounds, or
part of the grounds, for suspension or revocation of a license issued under this Chapter.
38
Sec. 18 -112 Additional Regulations for Nude Model Businesses
A. A person commits an offense if the person employs at a Nude Model Business any
person under the age of eighteen (18) years.
B. A person commits an offense if the person intentionally or knowingly appears in a
state of nudity or semi - nudity in or on the premises of a Nude Model Business.
C. A person commits an offense if the person intentionally or knowingly appears in a
state of nudity or semi - nudity or intentionally or knowingly allows another to appear in a
state of nudity or semi - nudity in an area of a Nude Model Business premises which can
be viewed from the public right -of -way.
D. A person commits an offense if the person intentionally or knowingly places or
permits a bed, sofa or mattress in any room on the premises of a nude model business,
except that a sofa may be placed in a reception room open to the public.
E. A licensee or employee commits an offense if the person intentionally or knowingly
permits any customer access to an area of the premises not visible from the manager's
station by direct line of sight or not visible by a walk through of the premises without
entering a private, exclusive, closed, curtained, or otherwise screened area, excluding
restrooms. The view required in this subsection shall be by direct line of sight. The view
shall be deemed insufficient if clear visibility of such line of sight must be attained by
utilizing flashlights or spotlights in addition to overhead house lighting.
F. An employee of a Nude Model Business, while appearing in a state of nudity,
commits an offense if the employee intentionally or knowingly touches a customer or the
clothing of a customer.
G. A customer at a Nude Model Business commits an offense if the customer
intentionally or knowingly touches an employee or the clothing of an employee while the
employee is appearing in a state of nudity.
H. A licensee commits an offense if the licensee fails to display the signs on the
interior of the Nude Model Business premises as required in Section 18- 123(A) and/or
the floor markings required in Section 18- 123(B).
I. An employee of a Nude Model Business commits an offense if that employee allows,
asks, directs, or suggests that a customer disrobe to a state of nudity.
J. An employee of a Nude Model Business must attend training given by the licensee
concerning the requirements of this Chapter as they pertain to Nude Model Businesses,
including but not limited to Sections 18 -83, 18 -85, 18 -86, 18 -110, 18 -120, 18 -121, 18-
122, 18 -123, and 18 -130, before the employee receives any compensation for the
39
person's services. The licensee shall provide this training to all employees at the
beginning of employment before the employee receives any compensation for services;
and, at least once a year thereafter. The licensee shall maintain written records of the
training provided to each employee pursuant to this subsection. These records shall
include a signed and dated statement from each employee verifying the employee's
attendance at and participation in training provided by the licensee identifying the date on
which the training was provided and the specific topics discussed.
K. A licensee shall designate and appoint one or more individuals to manage, direct,
and control the premises and operations of the Nude Model Business. At least one person
so appointed shall be on the premises at any time the Nude Model Business is open.
L. An operator or a person appointed under Subsection (K) above shall at all times
have the duty to ensure that each employee in the Nude Model Business has received the
training required by Subsection (J) above and each employee is instructed to commit no
act which would constitute a violation of this Chapter or which would provide grounds,
or part of the grounds, for suspension or revocation of a license issued under this
Chapter.
Sec. 18 -113 Additional Regulations for Sexually Oriented Theaters and Sexually
Oriented Motion Picture Theaters
A. A person commits an offense if the person employs at a Sexually Oriented Theater
or Sexually Oriented Motion Picture Theater any person under the age of eighteen (18)
years.
B. A person commits an offense if the person intentionally or knowingly appears in a
state of nudity or semi - nudity in or on the premises of a Sexually Oriented Theater or
Sexually Oriented Motion Picture Theater.
C. Sexually Oriented Theaters and Sexually Oriented Motion Picture Theaters shall
also comply with the requirements of Section 18 -114 of this Chapter.
D. An employee of a Sexually Oriented Theater or Sexually Oriented Motion Picture
Theater must attend training given by the licensee concerning the requirements of this
Chapter as they pertain to Sexually Oriented Theaters or Sexually Oriented Motion
Picture Theaters, including but not limited to Sections 18 -83, 18 -85, 18 -86, 18 -110, 18-
120, 18 -121, 18 -122, 18 -123, and 18 -130, before the employee receives any
compensation for the person's services. The licensee shall provide this training to all
employees at the beginning of employment before the employee receives any
compensation for services; and, at least once a year thereafter. The licensee shall
maintain written records of the training provided to each employee pursuant to this
subsection. These records shall include a signed and dated statement from each
employee verifying the employee's attendance at and participation in training provided
by the licensee identifying the date on which the training was provided and the specific
topics discussed.
40
E. A licensee shall designate and appoint one or more individuals to manage, direct,
and control the premises and operations of the Sexually Oriented Theater or Sexually
Oriented Motion Picture Theater. At least one person so appointed shall be on the
premises at any time the Sexually Oriented Theater or Sexually Oriented Motion Picture
Theater is open.
F. An operator or a person appointed under Subsection (E) above shall at all times have
the duty to ensure that each employee in the Sexually Oriented Theater or Sexually
Oriented Motion Picture Theater has received the training required by Subsection (D)
above and each employee is instructed to commit no act which would constitute a
violation of this Chapter or which would provide grounds, or part of the grounds, for
suspension or revocation of a license issued under this Chapter.
Sec. 18 -114 Regulations Pertaining to Exhibition of Sexually Explicit Films,
Photographs, Pictures or Videos
A. A person who operates or causes to be operated a Sexually Oriented Business, other
than a Sexually Oriented Motel, which exhibits on the premises in a viewing room, a
film, photograph, picture, video cassette or other video reproduction which depicts
specified sexual activities or specified anatomical areas, shall comply with the following
requirements:
1. An application for a Sexually Oriented Business license shall be accompanied by a
diagram of the premises showing a plan thereof specifying the location of one (1) 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 thirty -two (32) square feet of floor area. The diagram shall also designate the
place at which the license 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 shall be oriented to the north, or to some designated
street or object, and shall 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 (6 "). The Chief of Police 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 the previously submitted diagram 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 Chief of Police.
4. The licensee commits an offense if the licensee permits a manager's station to be
unattended by an employee at any time a customer is present on, in or about the premises.
41
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
customer is permitted access for any purpose, excluding restrooms. Restrooms may not
contain video reproduction equipment or any other equipment allowing for the viewing of
film, videos, photographs or other video reproduction. If the premises has two (2) 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 customer is permitted access for any purpose from at least one (1) of the manager's
stations. The view required in this subsection must be by direct line of sight from the
manager's station.
6. The licensee commits an offense if the licensee permits a customer access to any
area of the premises that is not visible from the manager's station for any purpose,
excluding restrooms.
7. The licensee, operator and any agents and employees present on the premises shall
ensure: that the view area specified in Subsection (5) of this section remains unobstructed
by any doors, curtains, partitions, walls, blinds, locks or other control -type devices,
merchandise, display racks or other materials at all times that any customer is present on,
in or about the premises; and, that no customer is permitted access to any area of the
premises which has been designated as an area in which customers will not be permitted
in the application filed pursuant to Subsection (1) of this section.
8. The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which customers are permitted access at an
illumination of not less than two (2.0) foot - candles as measured at the floor level.
9. The licensee commits an offense if the licensee permits illumination of any area of
the premises to which customers have access to be less than two (2.0) foot - candles as
measured at the floor level.
10. No viewing room or booth of less than 150 square feet of floor space shall be
occupied by more than one (1) person at any time.
11. No licensee shall allow openings or holes of any kind to exist between adjacent or
adjoining viewing rooms or booths.
12. No person shall make or attempt to make an opening or hole of any kind between
adjacent or adjoining viewing rooms or booths.
13. The licensee shall, during each business day, regularly inspect the walls of all
viewing rooms or booths to determine if any openings or holes exist.
14. In a viewing room or booth of less than 150 square feet of floor space, the walls
shall be no more than forty -eight (48) inches tall. At least one wall of any such viewing
room or booth shall be visible in a direct unobstructed line of sight from the manager's
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station. Each wall or door of any such viewing room or booth shall be constructed of
clear transparent glass, plastic or substantially equivalent materials that allow an
unobstructed view of the entire interior of the viewing room or booth.
15. Live entertainment is prohibited in any viewing room or booth of less than 500
square feet of floor space, as well as any other room adjacent to or visible from any
viewing room or booth.
16. The licensee or operator commits an offense if the licensee intentionally or
knowingly allows a person to appear in a state of nudity or semi - nudity in, on or about
the premises of a Sexually Oriented Business, other than a Sexually Oriented Motel,
which exhibits on the premises in a viewing room of less than 500 square feet of floor
space, a film, photograph, picture, video cassette or other video reproduction which
depicts specified sexual activities or specified anatomical areas.
17. A person commits an offense if the person intentionally or knowingly appears in a
state of nudity or semi - nudity in or on the premises of a Sexually Oriented Business,
other than a Sexually Oriented Motel, which exhibits on the premises in a viewing room
of less than 500 square feet of floor space, a film, photograph, picture, video cassette or
other video reproduction which depicts specified sexual activities or specified anatomical
areas.
18. It is a defense to prosecution under Subsections (16) and (17) of this section if the
person was in a restroom not open to public view or persons of the opposite sex.
B. A person having a duty under Subsection (1) through (18) of Subsection (A) herein
commits a misdemeanor if he or she knowingly fails to fulfill that duty.
C. An employee of a Sexually Oriented Business that exhibits sexually explicit films,
photographs, pictures or videos must attend training given by the licensee concerning the
requirements of this Chapter as they pertain to such a business, including but not limited
to Sections 18 -83, 18 -85, 18 -86, 18 -110, 18 -120, 18 -121, 18 -122, 18 -123, and 18 -130,
before the employee receives any compensation for the person's services. The licensee
shall provide this training to all employees at the beginning of employment before the
employee receives any compensation for services; and, at least once a year thereafter.
The licensee shall maintain written records of the training provided to each employee
pursuant to this subsection. These records shall include a signed and dated statement
from each employee verifying the employee's attendance at and participation in training
provided by the licensee identifying the date on which the training was provided and the
specific topics discussed.
D. A licensee shall designate and appoint one or more individuals to manage, direct,
and control the premises and operations of the Sexually Oriented Business as described in
this Section. At least one person so appointed shall be on the premises at any time the
Sexually Oriented Business as described in this Section is open.
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E. An operator or a person appointed under Subsection (D) above shall at all times
have the duty to ensure that each employee in the Sexually Oriented Business as
described in this Section has received the training required by Subsection (C) above and
each employee is instructed to commit no act which would constitute a violation of this
Chapter or which would provide grounds, or part of the grounds, for suspension or
revocation of a license issued under this Chapter.
Sec. 18 -115 Additional Regulations Pertaining to Adult Bookstores, Adult
Novelty Stores and Adult Video Stores
A. A person who operates or causes to be operated an Adult Bookstore, Adult Novelty
Store or Adult Video Store shall comply with the following requirements:
1. An application for a Certificate of Occupancy for an Adult Bookstore, Adult
Novelty Store or Adult Video Store shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one (1) 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 thirty -two
(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 shall be oriented to the north, or to some designated street or object, and shall 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 (6 "). The Building Official 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 the previously
submitted diagram was prepared.
2. The application shall be sworn to be true and correct by the applicant.
J. No alteration in the configuration or location of a manager's station may be made
without the prior approval of the Building Official.
4. An owner, operator, agent or employee commits an offense if the owner, agent,
operator or employee permits a manager's station to be unattended by an employee at any
time a customer is present on, in or about 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
customer is permitted access for any purpose, excluding restrooms. Restrooms may not
contain video reproduction equipment or any other equipment allowing for the viewing of
film, videos, photographs or other video reproduction. If the premises has two (2) 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 customer is permitted access for any purpose from at least one (1) of the manager's
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stations. The view required in this subsection must be by direct line of sight from the
manager's station.
6. An owner, operator, agent or employee commits an offense if the owner, operator,
agent or employee intentionally or knowingly permits a customer access to any area of
the premises that is not visible from the manager's station for any purpose, excluding
restrooms.
7. The owners, operator and any agents and employees present on the premises shall
ensure: that the view area specified in Subsection (5) of this section remains unobstructed
by any doors, curtains, partitions, walls, merchandise, display racks or other materials at
all times that any customer is present on, in or about the premises; and, that no customer
is permitted access to any area of the premises which has been designated as an area in
which customers will not be permitted in the application filed pursuant to Subsection (1)
of this section.
8. The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which customers are permitted access at an
illumination of not less than two (2.0) foot - candles as measured at the floor level.
9. An owner, operator, agent or employee commits an offense if the owner, operator,
agent or employee intentionally or knowingly permits illumination of any area of the
premises to which customers have access to be less than two (2.0) foot - candles as
measured at the floor level.
10. No viewing room or reading room may be occupied by more than one (1) person at
any time.
11. No owner, operator, agent or employee shall allow openings or holes of any kind to
exist between adjacent or adjoining viewing rooms or booths or reading rooms or booths.
12. No person shall make or attempt to make an opening or hole of any kind between
adjacent or adjoining viewing rooms or booths or reading rooms or booths.
13. The owner, operator, agent or employee shall, during each business day, regularly
inspect the walls of all viewing rooms or booths and reading rooms or booths to
determine if any openings or holes exist.
14. The walls of any viewing room or booth and any reading room or booth shall be no
more than forty-eight (48) inches tall. At least one wall of any viewing room or booth
shall be visible in a direct unobstructed line of sight from the manager's station. Each
wall or door of any viewing room or booth shall be constructed of clear transparent glass,
plastic or substantially equivalent materials that allow an unobstructed view of the entire
interior of the viewing room or booth.
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15. Live entertainment is prohibited in any viewing room or booth and any reading
room or booth as well as any other room adjacent to or visible from any reading or
viewing room or booth.
16. An owner, operator, agent or employee commits an offense if the owner, operator,
agent or employee intentionally or knowingly allows a person to appear in a state of
nudity or semi - nudity in, on or about the premises of an Adult Bookstore, Adult Novelty
Store or Adult Video Store.
17. A person commits an offense if the person intentionally or knowingly appears in a
state of nudity or semi- nudity in, on or about the premises of an Adult Bookstore, Adult
Novelty Store or Adult Video Store.
18. It is a defense to prosecution under Subsections (16) and (17) of this section if the
person was in a restroom not open to public view or persons of the opposite sex.
B. A person having a duty under Subsections (1) through (18) of Subsection (A) herein
commits a misdemeanor if he or she knowingly fails to fulfill that duty.
C. An employee of an Adult Bookstore, Adult Novelty Store or Adult Video Store
must attend training given by the licensee concerning the requirements of this Chapter as
they pertain to such a business, including but not limited to Sections 18 -83, 18 -85, 18 -86,
18 -110, 18 -120, 18 -121, 18 -122, 18 -123, and 18 -130, before the employee receives any
compensation for the person's services. The owner, operator or agent shall provide this
training to all employees at the beginning of employment before the employee receives
any compensation for services; and, at least once a year thereafter. The owner, operator
or agent shall maintain written records of the training provided to each employee
pursuant to this subsection. These records shall include a signed and dated statement
from each employee verifying the employee's attendance at and participation in training
provided by the licensee identifying the date on which the training was provided and the
specific topics discussed.
D. An owner, operator, or agent shall designate and appoint one or more individuals to
manage, direct, and control the premises and operations of the Adult Bookstore, Adult
Novelty Store or Adult Video Store. At least one person so appointed shall be on the
premises at any time the Adult Bookstore, Adult Novelty Store or Adult Video Store is
open.
E. An operator or a person appointed under Subsection (D) above shall at all times
have the duty to ensure that each employee in the Adult Bookstore, Adult Novelty Store
or Adult Video Store has received the training required by Subsection (C) above and each
employee is instructed to commit no act which would constitute a violation of this
Chapter or which would provide grounds, or part of the grounds, for suspension or
revocation of a license issued under this Chapter.
Secs. 18 -116 — 18 -119. Reserved.
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Division 5
MISCELLANEOUS
Sec. 18 -120 Hours of Operation
No Sexually Oriented Business, except for a Sexually Oriented Motel, may remain
open at any time between the hours of two o'clock (2:00) A.M. and eight o'clock (8:00)
A.M. on weekdays and Saturdays, and two o'clock (2:00) A.M. and noon (12:00) P.M. on
Sundays.
Sec. 18 -121 Prohibition Against Children in a Sexually Oriented Business
A licensee, owner, operator, agent or employee commits an offense if the licensee,
owner, operator, agent or employee intentionally, knowingly, or recklessly allows a
person under the age of eighteen (18) years on the premises of a Sexually Oriented
Business.
Sec. 18 -122 Conspicuous Signage and Markings Required
A. A licensee or operator commits an offense if the licensee or operator fails to display
a sign on the interior of the Sexually Oriented Business premises notifying customers and
employees of the prohibition prescribed by Subsections 18- 122(A), (B), (C) and (D),
above. The sign must be prominently and continuously displayed where customers enter
the premises, and immediately adjacent to each stage required by Section 6.03(B), and
must state in letters at least two inches high:
TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE OF NUDITY
OR SEMI - NUDITY IS A CRIME (MISDEMEANOR), PUNISHABLE BY FINE UP
TO $2,000. PATRONS SHALL REMAIN AT LEAST SIX FEET FROM ALL
UNENCLOSED PERFORMANCE STAGES WHILE A PERSON IS PERFORMING
ON SAID PERFORMANCE STAGE.
The Chief of Police may require, at the time of issuance or renewal of the license, the
licensee to also display the sign in a language other than English if he determines that a
substantial portion of the expected customers speak the other language as their familiar
language. Upon notification, a licensee commits an offense if the sign does not contain
this language in the required language, in addition to English.
B. A licensee or operator commits an offense if the licensee, operator or employee fails
to prominently and continuously display a two inches wide glow -in- the -dark line on the
floor of the Sexually Oriented Business marking a distance of six feet from each
unenclosed stage on which an employee in a state of nudity may appear in accordance
with Section 18- 122(A).
Secs. 18 -123 — 18 -129. Reserved.
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Division 6
ENFORCEMENT
Sec. 18 -130 Violation a Misdemeanor
A. Any person, firm, corporation, agent or employee thereof who violates any of the
provisions of this ordinance shall be guilty of a Class C misdemeanor, and upon
conviction thereof shall be fined an amount not to exceed Two Thousand Dollars and No
Cents ($2,000.00) for each offense, as provided by Section 54.001 of the Local
Government Code, except that any person, firm, corporation, agent or employee thereof
who violates a provision of this ordinance related to licenses, permits or inspections as set
forth in Division Two of this ordinance shall be guilty of a Class A misdemeanor.
B. Each day that a violation is permitted to exist shall constitute a separate offense.
C. The refusal to issue a permit based on ineligibility shall not prohibit the imposition
of a criminal penalty and the imposition of a criminal penalty shall not prevent the refusal
to issue a permit based on ineligibility.
D. The revocation or suspension of a permit shall not prohibit the imposition of a
criminal penalty and the imposition of a criminal penalty shall not prevent the revocation
or suspension of a permit.
Sec. 18 -131 Notice of Violation
The City shall send to a Sexually Oriented Business written notice of each citation
issued to an operator or employee of the business for an alleged violation of Sections 18-
120, 18 -121, 18 -123, or any provision of Division 5 of this Chapter. The notice will be
sent within three (3) business days of the issuance of the citation to the operator or
employee. The notice will be sent by certified mail, return receipt requested, to the
business address of the Sexually Oriented Business as it appears on its license
application, to the attention of the licensee, as it appears on the license application. A
failure of the City to provide such notice is not a violation of this Chapter. It is not a
defense to a citation issued to an employee or operator for an alleged violation of
Sections 120, 18 -121, 18 -123, or any provision of Division 5 of this Chapter, that notice
of the issuance of that citation was not given to the Sexually Oriented Business in
accordance with this Section.
Secs. 18 -132 — 18 -139. Reserved.
Division 7
18 -140 Sian Requirements
A. Notwithstanding any provision of the Euless Development Code or any other city
ordinance, code, or regulation to the contrary, the owner or operator of any sexually
48
oriented business or any other person commits an offense if he erects, constructs, or
maintains any sign for the establishment other than one primary sign and one secondary
sign, as provided in this section.
B. A primary sign may have no more than two display surfaces. Each display
surface must:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape;
(3) not exceed 75 square feet in area; and
(4) not exceed 10 feet in height or 10 feet in length.
C. A secondary sign may have only one display surface. The display surface must:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape;
(3) not exceed 20 square feet in area;
(4) not exceed five feet in height or four feet in width; and
(5) be affixed or attached to a wall or door of the establishment.
D. A primary or secondary sign must contain no photographs, silhouettes, drawings,
or pictorial representations of any manner, and may contain only:
(1) the name of the establishment; and/or
(2) one or more of the following phrases:
(A) "Adult arcade."
(B) "Adult bookstore or adult video store."
(C) "Adult cabaret."
(D) "Adult motel."
(E) "Adult motion picture theater."
(F) "Escort agency."
(G) "Nude model studio."
E. In addition to the phrases listed in Subsection (d)(2) of this section, a primary sign
for an adult motion picture theater may contain the phrase, "Movie Titles Posted on
Premises," and a primary sign for an adult bookstore or adult video store may contain the
word "DVD's ".
F. 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.
Secs. 18 -141 — 18 -149. Reserved.
Division 8
Location Requirements
18 -150 Location Requirements
Sexually oriented businesses must comply with the location requirements prescribed in
section 84 -183.
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of
any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SAVING CLAUSE. That applicable chapters of the Code of Ordinances, City
of Euless, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication as provided by the Euless City Charter and the laws of
the State of Texas.
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PRESENTED AND APPROVED ON FIRST AND FINAL READING at a
regular meeting of the Euless City Council on the 24thday of march , 2009, by a
vote of 6 ayes, 0 nays, and 0 abstentions.
APPROVED:
Mary Lib aleh, Mayor
ATTEST:
Susan brim, TFOC, City Secretary
• .y.,, -ter `\
APPROVED AS TO FORM:
1p
pm
Bob McFarland, City Attorney '-
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