89-L-31 Sexually Oriented Businesses
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ORDINANCE NO. f9-l---:))
BY CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, REGULATING SEXUALLY ORIENTEB
BUSINESSES; PROVIDING DEFINITIONS;
CLASSIFICATION; LICENSE REQUIREMENTS;
THE ISSUANCE, EXPIRATION, SUSPENSION,
REVOCATION AND TRANSFER OF A LICENSE;
FEES; INSPECTION; APPEAL; LOCATION;
ENFORCEMENT; INJUNCTION; AMENDMENT OF
THIS CHAPTER; AND PROVIDING A REPEALING
CLAUSE, A SAVINGS CLAUSE, AND AN
EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
'.
SEC. 1-1
SEC. 1-2
SEC. 1-3
SEC. 1-4
SEC. 1-5
SEC. 1-6
SEC. 1-7
SEC. 1-8
SEC. 1-9
SEC. 1-10
SEC. 1-11
SEC. 1-12
SEC. 1-13
SEC. 1-14
SEC. 1-15
SEC. 1-16
SEC. 1-17
SEC. 1-18
SEC. 1-19
SEC. 1-20
SEC. 1-21
SEC. 1-22
SEC. 1-23
SEC. 1-24
SEC. 1-25
SEC. 1-26
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SEXUALLY ORIENTED BUSINESSES
TABLE OF CONTENTS
Purpose and intent............... ........ ... ... ..2
Definitions..................................... .2
Classif ication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
License required................................. 6
Issuance of license..............................7
Fees........................................... .10
Ins pee t ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Expiration of License...........................11
Suspens ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Revocation..................................... .11
Appea 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Transfer of license.............................13
Location of sexually oriented businesses........13
Exemption from location restrictions............15
Additional regulations for escort agencies......16
Additional regulations for nude model studios...16
Additional regulations for adult theaters and
adult motion picture theaters...... .............17
Additional regulations for adult motels........ .18
Regulations pertaining to exhibition of sexually
explicit films or videos........ ..... ...........18
Display of sexually explicit material to minors.20
En for c erne n t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0
Injunction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21
Amendment of this chapter.......................21
Repealing Clause................................ 21
Savings Cl~use.................................. 21
Ef feet i ve Date.................................. 21
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SEC. 1-1
PURPOSE AND INTENT.
(a) It 1S the purpose of this chapter to regulate sexually
or iented businesses to promote the heal th, safety, moral sand
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 constitutionally
protected communicative material s, inc I uding sexually oriented
materials. Similarly, it is not the intent nor effect of this
chapter to restrict or deny access by adults to constitutionally
protected sexually oriented materials, or to deny access by the
distributors and exhibitors of constitutionally protected
sexually oriented entertainment to their intended market.
(b) It is the intent of the City Council that the locational
regulations of Section 1-13 of this chapter are promulgated
pursuant to Section 243 et. ~. Texas Local Government Code, as
they apply to nude model studios and sexual encounter centers
only. It 1S the intent of the City Council that all other
provisions of this chapter are promulgated pursuant to Article
1175, as amended, Revised Civil Statutes of Texas. (Ord. 19196)
SEC. 1-2
DEFINITIONS.
In this Ordinance:
( 1) ADULT ARCADE means any place to which the publ ic 1S
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 anyone time, and where the images so displayed
are distinguished or characterized by the depicting or describing
of "specified sexual activities" or "specified anatomical areas."
(2) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial
establishment which as one of it's principal business purposes
offers for sale or rental for any form of consideration anyone
or more of the following:
(A) books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes or
video reproductions, slides or other visual representations which
depict or describe "specified sexual activities" or "specified
anatomical areas"; or
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"
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(B) instruments,
designed for use in
activities."
devices or
connection
paraphernalia which are
with "specified sexual
(3) ADULT CABARET means a nightclub, bar, restaurant or
similar commercial establishment which regularly features:
(A) persons who appear semi-nude or 1n a state of
nudity; or
(B)
exposure of
activities";
live performances which are characterized by the
"specified anatomical areas" or by "specified sexual
or
(C) films, motion pictures, video cassettes, slides or
other photographic reproductions which are characterized by the
depiction or description of "specified sexual activities" or
"specified anatomical areas."
(4) ADULT MOTEL means a hotel, motel or similar commercial
establishment which:
(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 which are characterized by the
depiction or description of "specified sexual activities" or
specified anatomical areas"; and has a sign visible from the
public right-of-way which advertises the availability of this
type of photographic reproductions; or
(B) offers a sleeping
time that is less than 10 hours;
room
or
for rent for a period of
(C) allows a tenant or occupant of a sleeping room to
subrent the room for a period of time that 1S less than 10 hours.
(5) 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 which are characterized by the
depiction or description of "specified sexual activities" or
"specified anatomical areas."
(6) ADULT THEATER means a theater, concert hall, auditorium
or similar commercial establishment which regularly features
persons who appear semi-nude or in a state of nudity or live
performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
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(7) CHIEF OF POLICE means the Chief of Police of the City of
Schertz or his designated agent.
( 8) ESCORT means a person who, for any form of
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.
(9) ESCORT AGENCY means a person or business association
which furnishes, offers to furnish, or advertises to furnish
escorts as one of it's principal business purposes, for any form
of consideration.
(10 )
ESTABLISHMENT means and includes any of the following:
(A) the opening or commencement of
oriented business as a new business;
any sexually
(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.
(11) LICENSEE means a person ln whose name a license to
operate a sexually oriented business has been issued as well as
the individual listed as an applicant on the application for a
license.
(12) NUDE MODEL STUDIO means any place where a person who
appears semi-nude or 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 any form of consideration.
(13) NUDITY or a STATE OF NUDITY means:
(A) the appearance of a human bare buttock, anus, male
genitals, female genitals, or areola of the female breast; or
(B) a state of dress which fails to opaquely cover a
human buttock, anus, male genitals, female genitals or areola of
the female breast.
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~
(14) PERSON means an individual, proprietorship, partnership,
corporation, association or other legal entity.
(15) RESIDENTIAL DISTRICT means a single family, duplex,
townhouse, multiple family or mobile home zoning district as
defined in the City of Schertz Zoning Ordinance.
(16) RESIDENTIAL USE means a single family, duplex, multiple
family or "mobile home park, mobile home subdivision and
campground" use as defined in the City of Schertz Zoning
Ordinance.
(17) SEMI-NUDE means a state of dress in which clothing
covers no more than the genitals, pubic region and areola of the
female breast, as well as portions of the body covered by
supporting straps or devices.
(18) SEXUAL ENCOUNTER CENTER means a business or commercial
enterprise that, as one of it's principal business purposes,
offers sex for any form of consideration:
(A) physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
(B) activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a
state of nudity or semi-nude.
(19) SEXUALLY-ORIENTED BUSINESS means an adult arcade, adult
bookstore or adult video store, adult cabaret, adult motel, adult
motion picture theater, adult theater, escort agency, nude model
studio or sexual encounter center.
(20) SPECIFIED ANATOMICAL AREAS means human genitals In a
state of sexual arousal.
(21) SPECIFIED SEXUAL ACTIVITIES
the following:
means and includes any of
(A) the kissing, 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;
(C) masturbation, actual or simulated; or
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(D) excretory functions as part of or in connection
with any of the activities set forth in (A) through (C) above.
(22) SUBSTANTIAL ENLARGEMENT of a sexually oriented business
means the increase in floor area occupied by the business by more
than 25 percent.
(23) 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 which
controlling interest in the business, whether by
or similar means; or
constitute a
sale, exchange
(C) the establishment of a trust, gift or other similar
legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of
the law upon the death of the person possessing the ownership or
control.
SEC. 1-3
CLASSIFICATION.
Sexually oriented businesses are classified as follows:
(1) adult arcades;
(2 ) adult bookstores or adult video stores;
(3 ) adult cabarets;
( 4) adult motels;
(5 ) adult motion picture theaters;
(6 ) adult theaters;
(7 ) escort agencies;
( 8 ) nude model studios; and
(9 ) sexual encounter centers.
SEC. 1-4
LICENSE REQUIRED.
(a) A person commits an offense if he operates a sexually
oriented business without a valid license issued by the City for
the particular type of business.
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(b) An application for a license must be made on a form provided
by the Chief of Police. The application must be accompanied by a
blueprint or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the
business. The blueprint 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. Applicants who must comply with
Section 1-19 of this chapter shall submit a diagram meeting the
requirements of Section 1-19.
(c) The applicant must be qualified according to the provisions
of this chapter and the premises must be inspected and found to
be in compl iance with the law by the Health Department, Fire
Department and Building Inspection Department.
(d) If a person who wishes to operate a sexually oriented
business is an individual, he must sign the application for a
I icense as appl icant. If a person who wishes to operate a
sexually oriented business is other than an individual, each
individual who has a 20 percent or greater interest in the
business must sign the appl ication for a I icense as appl icant.
Each applicant must be qualified under Section 1-5, and each
applicant shall be considered a licensee if a license is granted.
(e) The fact that a person possesses a valid theater license,
dance hall license or public house of amusement license does not
exempt him from the requirement of obtaining a sexually oriented
business license. A person who operates a sexually oriented
business and possesses a theater license, public house of
amusement I icense or dance hall I icense shall comply with the
requirements and provisions of this chapter and all other
applicable provisions of law.
SEC. 1-5
ISSUANCE OF LICENSE.
(a) The Chief of Police shall approve the issuance of a license
by the assessor and collector of taxes to an applicant within 30
days after receipt of an application unless he finds one or more
of the following to be true:
(1) An applicant is under 18 years of age.
(2) An applicant is overdue in his payment to the City of
taxes, fees, fines or penalties assessed against him or imposed
upon him in relation to a sexually oriented business.
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(3) An applicant has failed to provide information
reasonably necessary for issuance of the license or has falsely
answered a question or request for information on the application
form.
(4) An applicant has
a prOVlSlon of this chapter
preceding the application.
been convicted of a violation of
within two years immediately
(5) An applicant is residing with a person who has been
denied a license by the City to operate a sexually oriented
business within the preceding 12 months, or residing with a
person whose license to operate a sexually oriented business has
been revoked within the preceding 12 months.
(6) The premises to be used for the sexually oriented
business have not been approved by the Health Department, Fire
Department and Building Inspection Department as being In
compliance with the applicable laws and ordinances.
( 7 )
paid.
The license fee required by this chapter has not been
(8) An applicant has been employed in a sexually oriented
business in a managerial capacity within the preceding 12 months
and has demonstrated that he is unable to operate or manage a
sexually oriented business premises in a peaceful and law-abiding
manner, thus necessitating action by law enforcement officers.
(9) An applicant of the proposed establishment is in
violation of or is not in compliance with any provision of this
chapter, including but not limited to, Section 1-7, 1-12, 1-13,
1-15, 1-16, 1-17, 1-18, 1-19, or 1-20.
(10) An applicant has been convicted of a crlme:
(A) involving:
(i) any of the following offenses as described In
Chapter 43 of the Texas Penal Code:
(aa)
prostitution;
(bb)
promotion of prostitution;
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(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(if) sale, distribution or
harmful material to a minor;
display of
(gg) sexual performance by a child; or
(hh) possession of child pornography;
(ii) any of the following offenses as described ln
Chapter 21 of the Texas Penal Code:
(aa)
public lewdness;
(bb)
indecent exposure; or
(cc)
indecency with a child;
(iii) sexual assault or
as described in Chapter
Code;
aggravated sexual assault
22 of the Texas Penal
(iv) incest, solicitation of a child, or harboring
a runaway child as described in Chapter 25 of the
Texas Penal Code; or
(v) criminal attempt, conspiracy or solicitation
to commit any of the foregoing offenses; and
(B) for which:
(i) less than two
date of conviction
confinement imposed
is the later date,
misdemeanor offense;
years have elapsed since the
or the date of release from
for the conviction, whichever
if the conviction is of a
(ii) less than five years have elapsed since the
date of conviction or the date of release from
confinement for the conviction, whichever is the
later date, if the conviction is of a felony
offense; or
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(iii) less than five years have elapsed since the
date of the last conviction or the date of release
from confinement for the last conviction,
whichever is the later date, if the convictions
are of two or more misdemeanor offenses or
combination of misdemeanor offenses occurring
within any 24-month period.
(b) The license, if granted, shall state on it's face the name
of the person or persons to whom it is granted, the expiration
date and the address of the sexually oriented business. The
I icense shall be posted in a conspicuous place at or near the
entrance to the sexually oriented business so that it may be
easily read at any time.
SEC. 1-6
FEES.
(a) The annual fee for a sexually oriented business license 1S
$500.
SEC. 1-7
INSPECTION.
(a) An applicant or licensee shall permit representatives of the
Police Department, Health Department, Fire Department and
Building Inspection Division to inspect the premises of a
sexually oriented business for the purpose of insuring compliance
with the law, at any time it is occupied or open for business.
(b) A person who operates a sexually oriented business, or his
agent or employee commits an offense if he refuses to permit a
lawful inspection of the premises by a representative of the
Police Department, Health Department, Fire Department or Building
Inspection Department at any time it is occupied or open for
business.
(c) The provisions of this section do not apply to areas of an
adul t motel which are currently being rented by a customer for
use as a permanent or temporary habitation.
SEC. 1-8
EXPIRATION OF LICENSE.
(a) Each license shall expire one year from the date of issuance
and may be renewed only by making application as provided in
Section 1-4. Application for renewal should be made at least 30
days before the expiration date, and when made less than 30 days
before the expiration date, the expiration of the I icense will
not be affected.
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(b) If the Chief of Pol ice denies renewal of a license, the
applicant shall not be issued a license for one year from the
date of denial. If, subsequent to denial, the Chief of Police
finds that the basis for denial of the renewal license has been
corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date denial became final.
SEC. 1-9
SUSPENSION.
The Chief of Police shall suspend a license, as a Class A
misdemeanor, for a period not to exceed 30 days if he determines
that a licensee or an agent or employee of a licensee:
(1) has violated or 1S
1-12, 1-13, 1-15, 1-16,
chapter;
not in compliance
1-17, 1-18, 1-19,
with Section 1-7,
or 1-20 of this
( 2 ) has engaged ln excessive use of alcohol ic beverages
while on the sexually oriented business premises;
(3) has refused to allow an inspection of the sexually
oriented business premises as authorized by this chapter;
( 4) has knowing ly permitted gambl ing by any person on
the sexually oriented business premises;
(5) has demonstrated inability to operate or manage a
sexually oriented business in a peaceful and law-abiding manner
thus necessitating action by law enforcement officers.
SEC. 1-10
REVOCATION.
(a) The Chief of Pol ice shall revoke a I icense if a cause of
suspension in Section 1-9 occurs and the license otherwwise has
been suspended within the preceding 12 months.
(b) The Chief of Police shall further revoke a license if he
determines that:
(1) a licensee gave false or misleading information in the
material submitted to the Chief of Police during the application
process;
( 2) a I icensee or an agent or employee of a licensee
has knowingly allowed possession, use or sale of controlled
substances on the premises;
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(3) a 1 icensee or an agent or employee of a 1 icensee
has knowingly allowed prostitution on the premises;
(4) a 1 icensee or an agent or employee of a 1 icensee
knowingly operated the sexually oriented business during a
period of time when the licensee's license was suspended;
(5) a licensee has been convicted of an offense listed ln
Section 1-5(a)(10)(A) for which the time period required 1n
Section 1-5(a)(10)(B) has not elapsed;
(6) on two or more occasions within a 12-month period,
a person or persons committed an offense occurring in or on the
licensed premises of a crime listed in Section 1-5(a)(10)(A), for
which a conviction has been obtained, and the person or persons
were agents or employees of a licensee of the sexually oriented
business at the time the offenses were committed;
(7) a 1 icensee or agent or employee of a lcensee has
knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or sexual contact to occur in or on the
licensed premises. The term "sexual contact" shall have the same
meaning as it is defined in Section 21.01, Texas Penal Code; or
(8) a licensee 1S delinquent in payment to the City for
hotel occupancy taxes, ad valorem taxes, or sales taxes related
to the sexually oriented business.
(c) Subsection (b)(7) does not apply to adult motels as a ground
for revoking the license unless the licensee or agent or employee
of the licensee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation or sexual contact to occur
in a public place or within public view.
(d) When the Chief of Police revokes a license, the revocation
shall continue for one year and the licensee shall not be issued
a sexually oriented business license for one year from the date
revocation became effective. If, subsequent to revocation, the
Chief of Police finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at
least 90 days have elapsed since the date the revocation became
effective. If the license was revoked under Subsection (b)(5),
an applicant may not be granted another license until the
appropriate number of years required under Section 1-5(a)(10)(B)
has elapsed.
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SEC. 1-11
APPEAL.
If the Chief of Police denies the issuance of a license, or
suspends or revokes a license, he shall send to the applicant, or
licensee, by certified mail, return receipt requested, written
notice of his action and the right to an appeal. The aggrieved
party may appeal the decision of the Chief of Police to the City
Council.
The filing of an appeal stays the action of the Chief of Police
in suspending or revoking a license until the permit and license
appeal board makes a final decision. If within a 10 day period
the Chief of Pol ice suspends, revokes or denies issuance of a
dance hall license or public house of amusement license for the
same location involved in the Chief of Police actions with
respect to the sexually oriented business license, then the Chief
of Police may consolidate the requests for appeals on those
actions into one appeal.
SEC. 1-12
TRANSFER OF LICENSE.
A licensee shall not transfer his license to another, nor shall a
licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in
the application.
SEC. 1-13
LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) A person commits an offense if he operates or causes to be
operated a sexually oriented business within 1,000 feet of:
(1) a church;
(2) a public or private elementary or secondary school;
(3) a boundary of a residential district;
(4) a public park adjacent to a residential district;
(5) the property line of a lot devoted to a residential use.
(b) A person commits an offense if he causes or permits the
oper~tion, establishment, substantial enlargement or transfer of
ownership or control of a sexually oriented business within 1,000
feet of another sexually oriented business.
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(c) A person commits an offense if he causes or permits the
operation, establishment or maintenance of more than one sexually
oriented business in the same building, structure, or portion
thereof, or the increase of floor area of any sexually oriented
business in any building, structure, or portion thereof,
containing another sexually oriented business.
(d) For the purposes of Subsection (a) of this section,
measurement shall be made 1n a straight line, without regard to
intervening structures or objects, from the nearest portion of
the building or structure used as part of the premises where a
sexually oriented business is conducted, to the nearest property
line of the premises of a church or public or private elementary
school, or to the nearest boundary of an affected public park,
residential district or residential lot.
(e) For purposes of Subsection (b) of this section, the distance
between any two sexually oriented businesses shall be measured in
a straight line, without regard to intervening structures or
objects, from the closest exterior wall of the structure in which
each business is located.
(f) Any sexually oriented business lawfully operating on the
entry date this chapter is adopted by City Councilor date change
to Zoning Ordinance 1S passed, that is in violation of
Subsections (a), (b) or (c) of this section shall be deemed a
nonconforming use. The nonconforming use will be permitted to
continue for a period not to exceed three years, unless sooner
terminated for any reason or voluntarily discontinued for a
period of 30 days or more. Such nonconforming uses shall not be
increased, enlarged, extended or altered except that the use may
be changed to a conforming use. If two or more sexually oriented
businesses are within 1,000 feet of one another and otherwise in
a permissible location, the sexually oriented business which was
first established and continually operating at a particular
location is the conforming use and the later-established
business(es) is nonconforming.
(g) A sexually oriented business lawfully operating as a
conforming use is not rendered a nonconforming use by the
location, subsequent to the grant or renewal of the sexually
oriented business license, of a church, public or private
elementary school, public park, residential district or
residential lot within 1,000 feet of the sexually oriented
business. This provision applies only to the renewal of a valid
license and does not apply when an application for a license is
submitted after a license has expired or has been revoked.
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SEC. 1-14
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 establishment is in violation of Section 1-13 of this
chapter, then the applicant may, not later than 10 calendar days
after receiving notice of the denial, file with the City
Secretary a written request for an exemption from the locational
restrictions of Section 1-13.
(b) If the written request is filed with the City Secretary
within such period, the City Council shall consider the request.
The City Secretary shall set a date for a hearing within 60 days
from the date the written request is received.
(c) A hearing
are present.
offered by any
do not apply.
may proceed if at least two of the board members
The hearing shall hear and consider evidence
interested person. The formal rules of evidence
(d) The City Council may, in it's discretion, grant an exemption
from the locational restrictions of Section 1-13 if it makes the
following findings:
(1) that the location of the proposed sexually oriented
business will not have detrimental effect on nearby
properties or be contrary to the public safety or welfare;
(2) that the granting of the exemption will not violate the
spirit and intent of this chapter of the City Code;
(3) that the location of the proposed sexually oriented
business will not downgrade the property values or quality
of life in the adjacent areas or encourage the development
of urban blight;
(4) that the location of an additional sexually oriented
business in the area will not be contrary to any program of
neighborhood conservation nor will it interfere with any
efforts of urban renewal or restoration; and
(5) that all other applicable provisions of this chapter
will be observed.
(e) The City Council shall grant or deny
majority vote. Failure to reach a majority
denial of the exemption. Disputes of fact
the basis of a preponderance of evidence.
City Council is final.
the exemption by a
vote shall result in
shall be decided on
The decision of the
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(f) If the City Council grants the exemption, the exemption is
valid for one year from the date of the City Council's action.
Upon the expiration of an exemption, the sexually oriented
business is in violation of the locational restrictions of
Section 1-13 until the applicant applies for and receives another
exemption.
(g) If the City Council denies the exemption, the applicant may
not re-apply for an exemption until at least 12 months have
elapsed since the date of the City Council's action.
(h) The grant of an exemption does not exempt the applicant from
any other provisions of this chapter other than the locational
restrictions of Section 1-13.
SEC. 1-15
ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
(a) An escort agency shall not employ any person under the age
of 18 years.
(b) A person commits an offense if he acts as an escort or
agrees to act as an escort for any person under the age of 18
years.
SEC. 1-16
ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(a) A nude model studio shall not employ any person under the
age of 18 years.
(b) A person under the age of 18 years commits an offense if he
appears semi-nude or in a state of nudity in or on the premises
of a nude model studio. It is a defense to prosecution under
this subsection if the person under 18 years was in a restroom
not open to public view or persons of the opposite sex.
(c) A person commits an offense if he appears semi-nude or in a
state of nudity or knowingly allows another to appear semi-nude
or ln a state of nudity in an area of a nude model studio
premlses which can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa or
mattress in any room on the premises, except that a sofa may be
placed in a reception room open to the public.
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SEC. 1-17
ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT
MOTION PICTURE THEATERS.
(a) A person commits an offense if he knowingly allows a person
under the age of 18 years to appear semi-nude or in a state of
nudity in or on the premises of an adult theater or adult motion
picture theater.
(b) A person under the age of 18 years commits an offense if he
knowingly appears semi-nude or in a state of nudity in or on the
premises of an adult theater or adult motion picture theater.
(c) It is a defense to prosecution under Subsections (b) and (c)
of this section if the person under 18 years was in a restroom
not open to public view or persons of the opposite sex.
(d) All theaters within the city limits of the City of Schertz
showing motion pictures shall be required to display on the
marquee of such theaters (or to otherwise prominently display on
the premises at a location that can be readily observed prior to
entry) the rating of films being shown in such theaters as such
ratings have been determined by the Motion Picture Association of
America, which ratings come within the following categories:
(1) "G" - general audiences;
(2) "PG" - parental guidance suggested;
(3) "R" - restricted (only those seventeen (17) or older
unless accompanied by parent or guardian);
(4) "X" - no one under seventeen (17) permitted.
(e) All drive-in movie theaters within the corporate limits of
the City of Schertz that exhibit movies that are rated "X" by the
Motion Picture Association of America shall cause to be erected a
wall or fence around said theater of sufficient height to prevent
persons from outside the drive-in theater from viewing the
screen.
SEC. 1-18
ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(a) Evidence that a sleeping room in a hotel, motel or similar
commercial establishment has been rented and vacated two or more
times in a period of time that is less than 10 hours creates a
rebuttable presumption that the establishment is an adult motel
as that term is defined in this chapter.
(b) A person commits an offense if, as the person in control of
a sleeping room ln a hotel, motel or similar commercial
establishment that does not have a sexually oriented business
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license, he rents or subrents a sleeping room to a person and,
within 10 hours from the time the room is rented, he rents or
subrents the same sleeping room again.
(c) For purposes of Subsection (b) of this section, the terms
"rent" or "subrent" mean the act of permitting a room to be
occupied for any form of consideration.
SEC. 1-19
REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS OR VIDEOS.
(a) A person who operates or causes to be operated a sexually
oriented business, other than an adult motel, which exhibits on
the premises in a viewing room of less than 150 square feet of
floor space, a film, video cassette or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business
license, the application shall be accompanied by a diagram of the
premises showing a plan thereof specifying the location of one or
more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which
patrons will not be permitted. The diagram shall also designate
the place at which the permit will be conspicuously posted, if
granted. A professionally prepared diagram in the nature of an
engineer's or architect's blueprint shall not be required;
however each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various
internal dimensions of all areas of the interior of the premises
to an accuracy of plus or minus six inches. The 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 it was prepared.
(2) The application shall be sworn to be true and correct
by the applicant.
(3) No al teration 1n the configuration or location of a
manager's station may be made without prior approval of the Chief
of Police or his designee.
(4) It 1S the duty of the
prem1ses to ensure that at least
situated in each manager's station
is present inside the premises.
owners and operator of the
one employee is on duty and
at all times that any patron
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(5) The interior of the premises shall be configured in
such a manner that there 1S an unobstructed view from a
manager's station of every area of the premises to which any
patron is permitted access for any purpose excluding restrooms.
Restrooms may not contain video reproduction equipment. If the
premises have two or more manager's stations designated, then the
interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises
to which any patron is permitted access for any purpose from at
least one of the manager's stations. The view required in this
Subsection must be by direct I ine of sight from the manager's
station.
(6) It shall be the duty of the licensee, and it shall also
be the duty of any agents and employees present in the premises
to ensure that the view area specified in Subsection (5) remains
unobstructed by any doors, walls, merchandise, display racks or
other materials at all times that any patron is present in the
premises and to ensure that no patron is permitted access to any
area of the premises which has been designated as an area in
which patrons will not be permitted in the application filed
pursuant to Subsection (1) of this section.
(7) The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to
which patrons are permitted access at an illumination of not less
than one (1.0) footcandle as measured at the floor level.
(8) It shall be the
shall also be the duty of
premises, to ensure that
turned on at all times
prem1ses.
duty of the owners and operator, and it
any agents and employees present in the
the illumination described above 1S
that any patron 1S present in the
(b) A person having a duty under Subsection (1) through (8) of
Subsection (a) above commits an offense if he knowingly fails to
fulfill that duty.
SEC. 1-20
DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.
(a) A person commits an offense if, in a business establishment
open to persons under the age of 17 years, he displays a book,
pamphlet, newspaper, magazine, film or video cassette, the cover
of which depicts, in a manner calculated to arouse sexual lust or
perversion for commercial gain or to exploit sexual lust or
perversion for commercial gain, any of the following:
(1) human sexual intercourse, masturbation or sodomy;
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(2) fondling or other erotic touching of human genitals,
pubic region, buttocks or female breasts;
(3) less than completely and opaquely covered human
genitals, buttocks or that portion of the female breast below the
top of the areola; or
(4) the human male genitals 1n a discernibly turgid state,
whether covered or uncovered.
(b) In this section "display" means to locate an item in such a
manner that, without obtaining assistance from an employee of the
business establishment:
(1) it is available to the general public for handling and
inspection; or
(2) the cover or outside packaging on the item 1S visible
to members of the general public.
SEC. 1-21
ENFORCEMENT.
(a) Except
any prOV1S1on
a fine not to
as provided by Subsection (b) any
of this chapter, upon conviction,
exceed $1,000 per day for each day
person violating
is punishable by
of violation.
(b) It is a defense to prosecution under Section 1-4(a), 1-13,
or 1-16(d) that a person appearing semi-nude or in a state of
nudity did so in a modeling class operated:
(1) by a proprietary school licensed by the state of Texas;
a college, junior college, or university supported entirely or
partly by taxation;
(2) by a private college or university which maintains and
operates educational programs in which credits are transferrable
to a college, junior college or university supported entirely or
partly by taxation; or
(3) 1n a structure:
(A) which has no sign visible from the exterior of the
structure and no other advertising that indicates a nude person
1S available for viewing; and
(B) where in order to participate in a class a student
must enroll at least three days in advance of the class; and
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~ '
(c) Where no more than one nude model 1S on the prem1ses at any
one time.
(e) It is a defense to prosecution under Section 1-4(a) or
Section 1-13 that each item of descriptive, printed, film or
video material offered for sale or rental, taken as a whole,
contains ser10US literary, artistic, political or scientific
value.
SEC. 1-22
INJUNCTION.
A person who operates or causes to be operated a sexually
oriented business without a valid license or in violation of
Section 1-13 of this chapter is subject to a suit for injunction
as well as prosecution for criminal violations.
SEC. 1-23
AMENDMENT OF THIS CHAPTER.
Sections 1-13 and 1-14 of this chapter may be amended only after
compliance with the procedure required to amend a zoning
ordinance. other sections of this chapter may be amended by vote
of the City Council.
SEC. 1-24
REPEALING CLAUSE.
All orders, or ordinances or parts of ordinances in conflict with
this Chapter or inconsistent with the provisions of this Chapter
are hereby repealed to the extent necessary to give this Chapter
full force and effect.
SEC. 1-25
SAVINGS CLAUSE.
If any clause or section, sentence or phrase of this Chapter is
for any reason held to be invalid or unconstitutional by the
courts, such decision shall not effect the validity or
constitutionality of the remaining portions of this Chapter, and
it is the intention of the City Council in passing this Chapter,
thaI all other parts of this Chapter shall not be affected
thereby and shall remain in full force and effect.
SEC. 1-26
EFFECTIVE DATE
This code shall become effective from and after the date of it's
approval and adoption as provided by law.
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19~.
ATTEST:
C. ~ Secretary, City of Sc ertz
p
(SEAL OF CITY)
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