2002L16-AMEND CHAP 15 1/2 ORDINANCE NO. 0o~-~- /~
AN ORDINANCE AMENDING CHAPTER 15½ OF THE CITY OF
SCHERTZ CODE RELATING TO SEXUALLY ORIENTED BUSINESSES
AND PROVIDING FOR ADDITIONAL MISCELLANEOUS
REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES
WHEREAS, the City Council of the City of Schertz, Texas (the "City") wishes to amend
Chapter 15½ of the City Code relating to sexually oriented businesses; and
WHEREAS, the City Council has appointed a Committee to analyze (i) Chapter 15½ of
the City Code, (ii) the adverse secondary effects of sexually oriented businesses on communities,
and (iii) ordinances of local communities that might be used to improve Chapter 15½ of the City
Code; and
WHEREAS, the Committee in conjunction with its duties has attended two public
hearings conducted by the City Council following published notice to receive comment from the
public regarding the potential secondary effects of sexually oriented businesses on the City; and
WHEREAS, the Committee in the report attached as Exhibit A has reported the following
information to the City Council based on its review of Chapter 15½ of the Code, reports on
secondary effects of sexually oriented businesses, local ordinances, and public commentary at
the two public hearings:
(1) sexually oriented businesses require special supervision from the public safety
agencies of the jurisdictions in which they are located in order to protect and preserve
the health, safety, and welfare of the patrons and employees of such businesses as
well as the citizens of the City; and
(2) sexually oriented businesses are frequently used for unlawful sexual activities,
including prostitution, rape, as well as sexual liaisons of a casual nature; and
(3) the concern over sexually transmitted diseases is a legitimate public health concern
that demands reasonable regulation of sexually orier~ted businesses in order to protect
the health and well-being of patrons, employees, and citizens; and
(4) there is convincing documented evidence that sexually oriented businesses, because
of their very nature, have a deleterious effect on both the existing businesses around
them and the surrounding residential areas adjacent to them, causing increased crime,
increased security costs for nearby business and residents, and the decrease of
property values; and
(5) sexually oriented businesses, due to their nature, have serious objectionable
operational characteristics, particularly when they are located in close proximity to
each other, thereby contributing to urban blight and downgrading the quality of life in
the adjacent area; and
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WHEREAS, the Committee, based on its findings, recommends to City Council that
Chapter 15½ of the Code be revised to address the adverse secondary effects of sexually oriented
businesses; and
WHEREAS, the City Council desires to minimize and control these adverse secondary
effects and thereby protect the health, safety, and welfare of the City's citizenry; and
WHEREAS, Chapter 243 of the Texas Local Government Code, as amended (the "Act"),
gives the City the authority to adopt regulations regarding sexually oriented businesses the City
considers necessary to promote the public health, safety, or welfare; and
WHEREAS, it is not the intent of this ordinance or the City Council to suppress any
speech activities protected by the First Amendment to the United States Constitution and
Article 1, Section 8 of the Texas Constitution but to enact a content neutral ordinance that
addresses the secondary effects of sexually oriented businesses; and
WHEREAS, it is not the intent of the City Council to condone or legitimize the
distribution of obscene material, and the Council recognizes that state and federal law prohibits
the distribution of obscene materials and expects and encourages state law enforcement officials
to enforce state obscenity statutes against any such illegal activities in the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS;
Sec. 15 1/2-1 PURPOSE AND FINDINGS.
(A) Purpose. It is the purpose of this ordinance to regulate sexually oriented
businesses in order to promote the health, safety, and general welfare of the patrons and
employees of such businesses and the citizens of the City, and to establish reasonable and
uniform regulations to prevent the deleterious location and concentration of sexually
oriented businesses within the City. The provisions of this ordinance 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 nor effect of this ordinance to restrict or deny access by adults to sexually oriented
materials protected by the First Amendment to the United States Constitution and
Article 1, Section 8 of the Texas Constitution, or to deny access by the distributors and
exhibitors of sexually oriented entertainment to their intended market. Neither is it the
intent nor effect of this ordinance to condone or legitimize the distribution of obscene
material.
(B) Findings. Based on evidence concerning the adverse secondary effects of
sexually oriented businesses on the community presented by the Committee, public
comment at two public hearings regarding the secondary effects of sexually oriented
businesses, 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 (2000), and on studies in other communities including, but not
20036126.6 2
limited to, Houston, Texas; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Dallas,
Texas; Cleburne, Texas; E1 Paso, Texas; Tucson, Arizona; Minneapolis, Minnesota; New
Hanover, North Carolina; Los Angeles, California; Seattle, Washington; Oklahoma City,
Oklahoma; and New York, New York; the Council fmds:
(1) Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are currently uncontrolled or insufficiently controlled
by the operators of the establishments.
(2) Certain employees of sexually oriented businesses defined in this
ordinance as adult theatres and cabarets engage in higher incidence of certain
types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts, including masturbation, and oral and anal sex, occur at
sexually oriented businesses, especially those which provide private or semi-
private booths or cubicles for viewing films, videos, or live sex shows.
(4) Offering and providing such space encourages such activities,
which creates unhealthy conditions.
(5) Persons frequent certain adult theatres, adult 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) According to the Centers for Disease Control, National Center for
HIV, STD, and TB Prevention, as of January 1999, there have been 8,874
reported cases of people living with HIV Infection (243 of whom are children
under the age of thirteen) in the State of Texas and 24,253 reported cases of
people living with AIDS (124 of whom are children under the age of thirteen) in
the State of Texas. This report is attached as Exhibit B.
(8) The number of cases of gonorrhea in the United States reported
annually remains at a high level, with close to 400,000 cases being reported in
1999.
(9) The surgeon general of the United States in his report of
October 22, 1986, 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.
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(10) According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(11) 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 fa{lure of the
owners and the operators of the facilities to self-regulate those activities and
maintain those facilities.
(12) Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view "adult" oriented
films.
(13) The findings noted in paragraphs number (1) through (12) raise
substantial governmental concerns.
(14) Sexually oriented businesses have operational characteristics that
should be reasonably regulated in order to address those substantial governmental
concerns.
(15) 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. Furthermore, such a licensing procedure will
create 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.
(16) Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental interest in
curbing the illegal and unsanitary sexual activity occurring in adult theatres.
(17) Requiring licensees of sexually oriented businesses to retain
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.
(18) 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.
(19) It is desirable in the prevention of the spread of communicable
diseases to obtain a limited amount of information regarding certain employees
20036126.6 4
who may engage in the conduct that this ordinance is designed to prevent or who
are likely to be witnesses to such activity.
(20) The fact that an applicant for an adult use 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.
(21) The barring of such individuals from the management of adult uses
for a period of years serves as a deterrent to and prevents conduct which leads to
the transmission of sexually transmitted diseases.
(22) The general welfare, health, and safety of the patrons and
employees of sexually oriented businesses and the citizens of the City will be
promoted by the enactment of this ordinance.
Sec. 15 1/2-2 DEFINITIONS.
(A) "Act" means Chapter 243 of the Texas Local Government Code, as
amended.
(B) "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 regularly 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 their emphasis upon matter exhibiting specified sexual activities or
specified anatomical areas.
(C) "Adult Bookstore, Adult Novelty Store or Adult Video Store" means a
commercial establishment the primary business of which is the sale or rental, for any
form of consideration, of any one or more of the following:
(1) books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes, compact discs, slides, or
other visual representations which are characterized by their emphasis upon the
exhibition or display of specified sexual activities or specified anatomical areas;
and/or
(2) instruments, devices, or paraphernalia which are designed for use
or marketed primarily for stimulation of human genital organs, for
sadomasochistic use or abuse of themselves or others, or for use in connection
with specified sexual activities. This term does not include items used for birth
control or for the prevention of sexually transmitted diseases.
(D) "Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features
(1) persons who appear semi-nude;
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(2) live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; and/or
(3) films, motion pictures, video cassettes, slides or other photographic
reproductions, closed-circuit television transmissions, cable television
transmissions, subscriber programming, any disk, diskette, or other physical
medium that allows an image to be displayed on a computer or other video screen,
or any image transmitted to a computer or other video screen by telephone line,
cable, satellite transmission or other method, which are characterized by the
exhibition or display of specified sexual activities or specified anatomical areas.
(E) "Adult Motel" means a hotel, motel or similar commercial establishment
which
(1) offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions which are
characterized by the exhibition or display of specified sexual activities or
specified anatomical areas; and has a sign visible from the public right of way
which advertises the availability of this adult type of photographic reproductions;
and either
(2) offers a sleeping room for rent for a period of time that is less than
ten (10) hours, or
(3) allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than ten (10) hours.
(F) "Adult Motion Picture Theater" means a commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes, slides or similar
photographic reproductions, images displayed on a computer or other video screen, or
any images transmitted to a computer or other video screen by telephone line, cable,
satellite transmission, or other method, characterized by the depiction or description of
specified sexual activities or specified anatomical areas, are regularly shown.
(G) "Adult Theater" means a theater, concert hall, auditorium, or similar
commercial establishment that regularly features persons who appear in a state of nudity
or semi-nude, or live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
(H) "City Manager" means the City Manager of the City of Schertz or his or
her designee or the Acting City Manager.
(I) "Distinguished or Characterized by an Emphasis Upon" means the
dominant or primary theme of the object referenced. For instance, when the phrase refers
to films "which are distinguished or characterized by an emphasis upon the exhibition or
display of specified sexual activities or specified anatomical areas," the films so
20036126.6 6
described are those whose dominant or primary character and theme are the exhibition or
display of specified anatomical areas or specified sexual activities.
(J) "Employee, Employ, and Employment" describe and pertain to any person
who performs any service on the premises of a sexually oriented business, on a full time,
part time, or contract basis, regardless of whether the person receives compensation (e.g.
wages, tips, or favors) or whether the person is denominated an employee, independent
contractor, agent, volunteer or other status. Employee does not include a person
exclusively on the premises for repair or maintenance of the premises or for the delivery
of goods to the premises.
(K) "Enforcement Officer" shall mean the Chief of Police or his or her
designee or such person as may be so designated by the City Council.
(L) "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.
(M) "Escort Agency" means a person or business association who furnishes,
offers to furnish, or advertises to furnish escorts as one of its primary business purposes
for a fee, tip, or other consideration.
(N) "Establish or Establishment" means and includes any of the following:
(1) the opening or commencement of any sexually oriented business as
a new business;
(2) the conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
(3) the additions of any sexually oriented business to any other
existing sexually oriented business; or
(4) the relocation of any sexually oriented business.
(O) "Licensee" means a person in 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; and in the case of an employee, a person in whose name a
license has been issued authorizing employment in a sexually oriented business.
(P) '~Nude Model Studio" means any place where a person appears semi-nude
or in a state of nudity and is provided to be observed, sketched, drawn, painted,
sculptured, or photographed by other persons who pay money or any form of
consideration. Nude Model Studio shall not include a proprietary school licensed by the
State of Texas or a college, junior college or university supported entirely or in part by
public taxation; a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college, or university
supported entirely or partly by taxation; or in a structure
20036126.6 7
(1) that has no sign visible fi:om the exterior of the structure and no
other advertising that indicates a nude or semi-nude person is available for
viewing; and
(2) where in order to participate in a class a student must enroll at least
three days in advance of the class; and
(3) where no more than one nude or semi-nude model is on the
premises at any one time.
(Q) "Nudity" or a "State of Nudity" means the showing of the human male or
female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque
covering, the showing of the female breast with less than a fully opaque covering of any
part of the nipple, or the showing of the covered male genitals in a discernibly turgid
state.
(R) "Operate or Cause to be Operated" means to cause to function or to put or
keep in a state of doing business. "Operator" means any persons on the premises of a
sexually oriented business who is authorized to exercise operational control of the
business or who causes to function or who puts or keeps in operation the business. A
person may be found to be operating or causing to be operated a sexually oriented
business regardless of whether that person is an owner, part owner, or licensee of the
business.
(S) "Person" means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
(T) "Residential District" means a single family, two family, duplex,
townhouse, multiple family, garden home, or manufactured home park district as defined
in the Unified Development Code, as amended.
(U) "Residential Use" means a single family, two family, duplex, multiple
family, garden home, or manufactured home park use as def'med in the Unified
Development Code, as amended.
(V) "Semi-Nude" or in a "Semi-Nude Condition" means the showing of the
female breast below a horizontal line across the top of the areola at its highest point or the
showing of the male or female buttocks. This definition shall include the entire lower
portion of the human female breast, but shall not include any portion of the cleavage of
the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other
wearing apparel provided the areola is not exposed in whole or in part.
(W) "Sexual Encounter Center" means a business or commercial establishment
the primary business of which offers for any form of consideration a place where two or
more persons may congregate, associate, or consort for the purpose of specified sexual
activities. The definition of sexual encounter establishment or any sexually oriented
businesses shall not include an establishment where a medical practitioner, psychologist,
psychiatrist, massage therapist, or similar professional person licensed by the State of
20036126.6
Texas engages in medically approved physical therapy and/or medically recognized
sexual therapy.
(X) "Sexually Oriented Business" means an adult arcade, adult bookstore,
adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture
theater, adult theater, escort agency, nude model studio, or sexual encounter center. The
definition of sexually oriented businesses shall not include the following:
(1) a bookstore, movie theater, or video store, unless that business is
defined as an adult bookstore, adult motion picture theater, or adult video store
under this ordinance;
(2) a business operated by or employing a licensed psychologist,
licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or
licensed barber engaged in performing functions authorized under the license
held; or
(3) a business operated by or employing a licensed physician or
licensed chiropractor engaged in practicing the healing arts.
(Y) "Specified Anatomical Areas" means
(1) the human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or
(2) less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above the top of the
areola.
(Z) "Specified Criminal Activity" means any of the following offenses:
(1) any of the following offenses as described in Chapter 43 of the
Texas Penal Code (or any successor provision):
(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; or
(h) possession of child pornography;
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(2) any of the following offenses as described in Chapter 21 of the
Texas Penal Code (or any successor provision):
(a) public lewdness;
(b) indecent exposure; or
(c) indecency with a child;
(3) sexual assault or aggravated sexual assault as described in Chapter
22 of the Texas Penal Code (or any successor provision);
(4) incest, solicitation of a child, or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code (or any successor provision);
(5) distribution of a controlled substance as described in Chapter 481
of the Texas Health & Safety Code (or any successor provision);
(6) criminal attempt, conspiracy or solicitation to commit any of the
foregoing offenses; or
(7) any similar offenses to those described above under the criminal or
penal code of another state or country; and
(8) for which:
(a) less than two years have elapsed since the date of
conviction, the date of release fi:om confinement imposed for the
conviction, or the date of termination of parole, probation, or supervision
for the offense, whichever is the later date, if the conviction is of a
misdemeanor offense;
(b) less than five years have elapsed since the date of
conviction, the date of release fi:om confinement for the conviction, or the
date of termination of parole, probation, or supervision for the offense,
whichever is the later date, if the conviction is of a felony offense; or
(c) less than five years have elapsed since the date of the last
conviction, the date of release fi:om confinement for the last conviction, or
the date of termination of parole, probation, or supervision for the offense,
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.
The fact that a conviction under (1)-(7) is being appealed shall have no effect on the
denial, suspension, or revocation of a license.
(AA) "Specified Sexual Activities" means any of the following:
20036126.6 10
(1) the fondling of another person's genitals, pubic region, anus, or
female breasts;
(2) sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
(3) excretory functions as part of or in connection with any of the
activities set forth in (1) through (2) above.
(BB) "Substantial Enlargement" of a sexually oriented business means the
increase in floor areas occupied by the business by more than twenty-five percent (25%),
as the floor areas exist on the date this ordinance takes effect.
(CC) "Transfer of Ownership or Control" of a sexually oriented business means
and includes any of the following:
(1) the sale, lease, or sublease of the business;
(2) the transfer of securities or other ownership interests or form of
control which constitute a controlling interest in the business, whether by sale,
exchange, or similar means; or
(3) the establishment of a trust, girl, or other similar legal device
which transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing the
ownership or control.
See. 15 1/2-3 CLASSIFICATION.
Sexually oriented businesses include but are not limited to the following business:
(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) adult theaters;
(7) escort agencies;
(8) nude model studios; and
(9) sexual encounter centers.
20036126.6 11
Sec. 15 1/2-4 LICENSE REQUIRED.
(A) It is unlawful
(1) for any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the City pursuant to this
ordinance;
(2) for any person who operates a sexually oriented business to
employ a person to work for the sexually oriented business who is not licensed as
a sexually oriented business employee by the City pursuant to this ordinance; or
(3) for any person to obtain employment with a sexually oriented
business without having secured a sexually oriented business employee license
and an on-site employee license pursuant to this ordinance.
(B) An application for a license must be made on a form provided by the City.
All applicants must be qualified according to the provisions of this ordinance and the
premises must be inspected and found to be in compliance with applicable law by the
Enforcement Officer or his or her designee.
(C) An applicant for a (i) sexually oriented business license and/or a (ii)
sexually oriented business employee license and an on-site employee license shall file
with the Enforcement Officer a completed application on a form prescribed and provided
by the City. An application shall be considered complete if it includes all of the
information required in this Section. The applicant shall be qualified according to the
provisions of this ordinance. The application shall be notarized. The application shall
include the information called for in paragraphs (1) through (8) as follows:
(1) the full true name of the applicant and any other names used by the
applicant in the preceding five (5) years;
(2) current business and/or mailing address of the applicant;
(3) a criminal history background check certified (within 14 days of
submission of an application to the City) by the Texas Department of Public
Safety;
(4) the name, business location, legal description, business mailing
address and phone number of the existing or proposed sexually oriented business;
(5) written proof of age, in the form of either (a) a copy of a birth
certificate and current photo, (b) current driver's license with picture, or (c) other
picture identification document issued by a governmental agency;
(6) the issuing jurisdiction and the effective dates of any license or
permit held or previously held by the applicant relating to a sexually oriented
20036126.6 12
business, whether any such license or permit has been denied, revoked or
suspended and, if so, the reason or reasons therefor;
(7) if the application is for a sexually oriented business license, the
name and address of the statutory agent or other agent authorized to receive
service of process; and
(8) if the application is for a sexually oriented business employee
license and an on-site employee license, the applicant shall submit three (3)
current passport photographs.
The information provided pursuant to Paragraphs (1) through (8) of this Subsection shall
be supplemented in writing by certified mail, return receipt requested, to the Enforcement
Officer within ten (10) working days of a change of circumstances which would render
the information originally submitted false or incomplete.
(D) The application for a sexually oriented business license shall 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 shall 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 (6) inches.
(E) If a person who wishes to operate a sexually oriented business is an
individual, he or she shall sign the application for a license as applicant. If a person who
wishes to operate a sexually oriented business is other than an individual, such as a
corporation, each officer, director, general partner or other person who will participate
directly in decisions relating to management of the business shall sign the application for
a license as applicant. Each such person must be qualified under Section 15½-5 and shall
be considered a licensee if a license is granted.
(F) A person who possesses a valid business license is not exempt fxom the
requirement of obtaining any required sexually oriented business license. A person who
operates a sexually oriented business and possesses a business license shall comply with
the requirements and provisions of this ordinance, where applicable.
Sec. 15 1/2-5 ISSUANCE OR DENIAL OF LICENSE.
(A) Within twenty (20) business days after the receipt of a completed
application, the Enforcement Officer shall either issue a license or issue a written notice
of intent to deny a license to the applicant. The Enforcement Officer shall approve the
issuance ora license unless one or more of items (1)-(8) below is found to be tree.
(1) An applicant is less than eighteen (18) years of age.
(2) An applicant has failed to provide information as required by
Section 15½-4 for issuance of the license.
20036126.6 13
(3) An applicant has been convicted of a specified criminal activity as
defined in this ordinance. The fact that a conviction is being appealed shall have
no effect on this provision.
(4) The license application fee required by Section 15½-6 has not been
paid.
(5) An applicant has falsely answered a question or request for
information on the application form.
(6) The proposed sexually oriented business is located in a zoning
district other than a district in which sexually oriented businesses are allowed to
operate under the zoning provisions in the Unified Development Code or is not in
compliance with the location restrictions established for sexually oriented
businesses in Section 15 ½-13.
(7) The premises to be used for the sexually oriented business have not
been approved by the Enforcement Officer or his or her designee as being in
compliance with the applicable laws and ordinances.
(8) An applicant of the proposed sexually oriented business is in
violation of or is not in compliance with this ordinance.
(B) An applicant ineligible for a license due to Paragraph (A)(3) of this
Section may qualify for a sexually oriented business license only when the time period
described in Subsection (8) of the definition of specified criminal activity has elapsed.
(C) The license, if granted, shall state on its face the name of the person or
persons to whom it is granted, the number of the license issued to that applicant, the
expiration date, and, if the license is for a sexually oriented business, the address of the
sexually oriented business.
(1) The sexually oriented business license 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 by a patron or the Enforcement Officer.
(2) A sexually oriented business employee license and an on-site
employee license shall contain a current photograph of the licensee. A sexually
oriented business employee shall keep the sexually oriented employee license on
file with the City and the on-site employee license near or on his or her person at
all times when on the premises of the sexually oriented business. A sexually
oriented business employee shall produce such license for inspection upon request
by the Enforcement Officer as specified in Section 15½-7(A).
(D) An applicant can appeal the denial of a license pursuant to
Section 15½-11.
20036126.6 14
(E) If the City denies a license, the applicant shall not be issued a license for
one (1) year fi.om the date the denial is f'mal pursuant to Section 15½-11. If the licensee
appeals under Section 15½-11, the one (1) year denial period beings the date atter all
appeals are final. If, subsequent to denial, the City f'mds that the basis for denial of the
license has been corrected or abated, the applicant shall be granted a license if at least
ninety (90) days have elapsed since the date the denial became fmal.
Sec. 15 1/2-6 FEES.
The nonrefundable initial license fee and annual renewal fee for a sexually oriented
business license or a sexually oriented business employee license and on-site employee license
shall be established by City Council. The fees for a sexually oriented business license, sexually
oriented employee license, and an on-site employee license are set forth on Exhibit C. City
Council shall revise such fees every three (3) years by resolution, if necessary.
Sec. 15 1/2-7 INSPECTION.
(A) A licensee, operator or employee of a sexually oriented business shall
permit the Enforcement Officer or his or her designee to inspect the premises and the
records required to be maintained under this ordinance by a sexually oriented business for
the purpose of ensuring compliance with this ordinance or other applicable laws at any
time the sexually oriented business 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 offence
if the person refuses to permit a lawful inspection of the records and premises by the
Enforcement Officer or his or her designee 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 Section 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 the Enforcement Officer or his or her designee to take photographs of the licensee,
operator, or employees of the sexually oriented business for the purpose of ensuring
compliance with this ordinance at anytime it is occupied or open for business.
20036126.6 15
(G) A licensee, operator, or employee of a sexually oriented business commits
an offense if that person does not permit the Enforcement Officer or his or her designee
to take photographs of the licensee, operator, or employee of the sexually oriented
business at anytime it is occupied or open for business.
(H) The provisions of this Section do not apply to areas of an adult motel that
are currently being rented by a customer for use as a permanent or temporary habitation.
See. 15 1/2-8 EXPIRATION AND RENEWAL OF LICENSE.
(A) Each license shall expire one year from the date of issuance and shall be
renewed only by making application as provided in Section 15½-4.
(B) An application for renewal shall be made at least thirty (30) days before
the expiration date.
(C) A fee will be assessed for renewal of a license as described in
Section 15½-6.
(D) If a sexually oriented business license expires, the sexually oriented
business shall not be open for business until a sexually oriented business license is
received pursuant to Section 15½-4. Ifa sexually oriented business employee license and
on-site employee licensed are expired, the applicant shall not be employed by a sexually
oriented business in the City until the applicant receives a sexually oriented business
employee license and an on-site employee license pursuant to Section 15½-4.
(E) If the Enforcement Officer denies renewal of a license, the applicant shall
not be issued a license for one (1) year fi.om the date the denial is final pursuant to
Section 15½-11. If the licensee appeals under Section 15½-11, the one (1) year denial
period begins the day after all appeals are final. If, subsequent to denial, the City fmds
that the basis for denial of the renewal license has been corrected or abated, the applicant
shall be granted a license if at least ninety (90) days have elapsed since the date denial
became final.
(F) If the Enforcement Officer denies renewal of a license, the applicant can
appeal the denial pursuant to Section 15 ½-11.
See. 15 1/2-9 SUSPENSION.
(A) The City shall issue a written intent to suspend a sexually oriented
business license or a sexually oriented business employee license and an on-site
employee license, as applicable, for a period not to exceed thirty (30) days if it
determines that a licensee has
(1) violated or is not in compliance with any section of this ordinance;
or
20036126.6 16
(2) refused to allow an inspection of the sexually oriented business
premises as authorized by this ordinance.
(B) Each day in which a violation is permitted to continue shall constitute a
separate violation for purposes of suspension.
(C) A licensee may appeal the suspension under the provisions in
Section 15½-11.
(D) A period of suspension will begin the first day after the decision of
suspension becomes final as provided in Section 15½-11. If the licensee appeals under
Section 15 ½-11, the period of suspension begins the day after all appeals are final.
(E) For purposes of this Section, if a license of a sexually oriented business is
suspended, the sexually oriented business shall not be open for business for the period of
time described by paragraphs (A) and (D) of this Section. If a sexually oriented business
employee license or an on-site employee license of an employee is suspended, the
employee shall not be employed by a sexually oriented business in the City for the period
of time described in paragraphs (A) and (D) of this Section.
See. 15 1/2-10 REVOCATION.
(A) The Enforcement Officer or his or her designee shall issue a written
statement of intent to revoke a sexually oriented business license or a sexually oriented
business employee license and an on-site employee license if a cause of suspension in
Section 15½-9 occurs and such license has been suspended within the preceding twelve
(12) months.
(B) The Enforcement Officer or his or her designee shall issue a written
statement of intent to revoke a sexually oriented business license or a sexually oriented
business employee license and an on-site employee license if he or she determines that
one of the following has occurred:
(1) a licensee gave false or misleading information in the material
submitted during the application process;
(2) a licensee has knowingly allowed possession, use, or sale of
controlled substances on the premises of the sexually oriented business;
(3) a licensee has knowingly allowed prostitution on the premises of
the sexually oriented business;
(4) a licensee knowingly operated the sexually oriented business
during a period of time when the licensee's license was suspended or the licensee
continued his or her employment with a sexually oriented business in the City
during a period of time when the licensee's license was suspended;
20036126.6 17
(5) a licensee has been convicted of a specified criminal activity for
which the time period under Subsection (8) of the definition of specified criminal
activity has not elapsed; or
(6) a licensee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or other sex act to occur in or on the
licensed premises. This Subsection will not apply to an adult motel, unless the
licensee knowingly allowed sexual activities to occur either (a) in exchange for
money or (b) in a public place or within public view.
(C) For purposes of Section (B)(5), the fact that a conviction is being appealed
shall have no effect on the revocation of the license.
(D) When, after the notice and hearing procedure described in
Section 15½-11, the Enforcement Officer or his or her designee revokes a license, the
revocation shall continue for one (1) year and the licensee shall not be issued a license for
one (1) year from the date revocation becomes final. If the licensee appeals under
Section 15½-11, the period of revocation begins the day after all appeals are final. If,
subsequent to revocation, the Enforcement Officer £mds that the basis for the revocation
found in Subsections (B)(1) and (B)(4) of this Section has been corrected or abated, the
applicant shall be granted a license if at least ninety (90) days have elapsed since the date
the revocation became effective.
(E) For purposes of this Section, if a license of a sexually oriented business is
revoked, the sexually oriented business shall not be open for business for the period of
time described in paragraph (D) of this Section. Ifa sexually oriented business employee
license or an on-site employee license of an employee is revoked, the employee shall not
be employed by a sexually oriented business in the City for the period of time described
in paragraph (D) of this Section.
Sec. 15 1/2-11 NOTICE OF LICENSE DENIAL, SUSPENSION OR
REVOCATION; HEARING; LICENSE DENIAL, SUSPENSION, REVOCATION;
APPEAL.
(A) A denial, suspension, or revocation of a license is an administrative
procedure. The burden of proof shall be on the City and shall be by a preponderance of
evidence. The formal rules of evidence shall not apply.
(B) If the Enforcement Officer or his or her designee determines that facts
exist for denial, suspension, or revocation of a license under this ordinance, the
Enforcement Officer or his or her designee shall notify the applicant or licensee
(respondent) in writing of the intent to deny, suspend or revoke the license. Such notice
shall include the grounds for denial, suspension, or revocation and shall be delivered by
hand or by certified mail to a licensee (for either a sexually oriented business license or a
sexually oriented business employee license and on-site employee license, as applicable)
or owner of the sexually oriented business. The notification shall be directed to the most
current business address on file with the Enforcement Officer.
20036126.6 18
(C) Within ten (10) working days after such notice has been sent, the
respondent may provide to the City Manager in writing a response that shall include a
statement of reasons why the license should not be denied, suspended, or revoked.
(D) Within three (3) working days of the receipt of respondent's written
response, the City Manager shall notify the respondent in writing of the hearing date on
the respondent's denial, suspension, or revocation proceeding, which must be within
twenty (20) working days of the receipt of the respondent's written response.
(E) The City Council shall conduct such hearing at which the respondent shall
have the opportunity to be represented by counsel and present evidence and witnesses on
his or her behalf.
(1) If a response is not received by the City Manager in the time stated
or, if after the hearing the City Council finds that grounds as specified in this
ordinance exist for denial, suspension, or revocation, then such denial,
suspension, or revocation shall become final five (5) days after the City Council
or its designee sends, by certified mail, written notice that the license has been
denied, suspended, or revoked. Such notice shall include a statement advising the
applicant or licensee of the right to appeal such decision to a court of competent
jurisdiction.
(2) If the City Council finds that no grounds exist for denial,
suspension, or revocation of a license, then within five (5) days after the hearing,
the City Council or its designee shall withdraw the intent to deny, suspend, or
revoke the license and shall so notify the respondent in writing by certified mail
of such action and shall contemporaneously therewith issue the license.
(F) When a decision to deny, suspend or revoke a license becomes f'mal, the
applicant or licensee (aggrieved party) whose application for a license has been denied or
whose license has been suspended or revoked shall have the right to appeal such action to
a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge,
restrain or otherwise enjoin the City's enforcement of the denial, suspension, or
revocation, the City shall immediately issue the aggrieved party a provisional license.
The provisional license shall allow the aggrieved party to continue (but not begin)
operation of the sexually oriented business or to continue (but not begin) employment as
a sexually oriented business employee and will expire upon the court's entry of a
judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise
enjoin the City's enforcement.
Sec. 15 1/2-12 NO TRANSFER OF LICENSE.
A licensee commits an offense if he/she commits the following:
(1) transfers or attempts to transfer his/her sexually oriented business
license;
20036126.6 19
(2) operates a sexually oriented business under the authority of a
license at any place other than the address designated in the application; or
(3) counterfeits, forges, changes, defaces or alters a license.
See. 15 1/2-13 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(A) A person commits an offense if that person operates or causes to be
operated a sexually oriented business in any zoning district other than as defined and
described in the Unified Development Code, as amended.
(B) A person commits an offense if the person operates or causes to be
operated a sexually oriented business within one thousand (1,000) feet of any of the
following:
(1) a church, synagogue, mosque, temple or building that is used
primarily for religious worship and related religious activities;
(2) a public or private educational facility including but not limited to
child day care facilities, nursery schools, preschools, kindergartens, elementary
schools, private schools, intermediate schools, junior high schools, middle
schools, high schools, vocational schools, secondary schools, continuation
schools, special education schools, junior colleges, and universities; school
includes the school grounds, but does not include facilities used primarily for
another purpose and only incidentally as a school;
(3) a boundary of a residential district;
(4) a public park or recreational area which has been designated for
park or recreational activities including but not limited to a park, playground,
nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts,
pedestrian/bicycle paths, wilderness areas, or other similar public land within the
City which is under the control, operation, or management of the City park and
recreation authorities;
(5) the property line of a lot devoted to a residential use; or
(6) an entertainment business which is oriented primarily towards
children or family entertainment.
(C) A person commits an offense if that person causes or permits the
operation, establishment, substantial enlargement, or transfer of ownership or control of a
sexually oriented business within one thousand (1,000) feet of another sexually oriented
business.
(D) A person commits an offense if that person 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
20036126.6 20
sexually oriented business in any building, structure, or portion thereof containing
another sexually oriented business.
(E) For the purpose of Subsection (B) of this Section, measurement shall be
made in a straight line, without regard to the intervening structures or objects, from the
nearest portion of the building or structure used as the part of the premises where a
sexually oriented business is conducted, to the nearest property line of the premises of a
use listed in Subsection (B). Presence of a city, county or other political subdivision
boundary shall be irrelevant for purposes of calculating and applying the distance
requirements of this Section.
(F) For purposes of Subsection (C) of this Section, the distance between any
two (2) sexually oriented businesses shall be measured in a straight line, without regard
to the intervening structures or objects or political boundaries, from the closest exterior
wall of the structure in which each business is located.
(G) Any sexually oriented business lawfully operating prior to the effective
date of this ordinance that is in violation of the locational restrictions of Subsections (A)
through (F) of this Section shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed three (3) years from the
effective date of this ordinance, unless sooner terminated for any reason or voluntarily
discontinued for a period of thirty (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/are nonconforming.
(H) A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the
sexually oriented business license, of a use listed in Subsection (B) of this Section 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 is made for a license after the
applicant's previous license has expired or been revoked.
Sec. 15 1/2-14 EXEMPTION FROM LOCATION RESTRICTIONS.
(A) If the Enforcement Officer denies the issuance of a license to an applicant
because the location of the sexually oriented business is in violation of Section 151/2-
13(G) of this ordinance, then the applicant may, not later than ten (10) working days after
receiving the notice of the denial, file with the City Manager a written request for an
exemption from the locational restrictions of Section 15lA- 13(G).
(B) If the written request is filed with the City Manager within such period,
the City Council shall consider the request. The City Council shall set a date for a
hearing within sixty (60) days from the date the written request is received.
20036126.6 21
(C) A hearing may proceed if a quorum of the City Councilmembers are
present. The City Council shall hear and consider evidence offered by any interested
person. The formal rules of evidence do not apply.
(D) The City Council may, in its discretion, grant an exemption from the
locatlonal restrictions of ~ection 15~- 13(G) if it makes all of 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 granting of the exemption will not violate the spirit and
intent of this ordinance;
(3) that the location of the sexually oriented business will not decrease
the property values or quality of life in the adjacent areas or encourage the
development of urban blight;
(4) that the location of the sexually oriented business in the area will
not be contrary to any program or neighborhood conservation nor will it interfere
with any efforts of urban renewal or restoration; and
(5) that all other applicable provisions of this ordinance will be
observed.
(E) If an applicant demonstrates that he or she cannot recoup his or her
investment within the three (3) year period provided in Section 15½-13(G), City Council
may grant the exemption from the locational restrictions imposed by Section 15½-13(G)
without making the findings required under Section D(1)-(5).
(F) The City Council shall grant or deny the exemption by a majority vote.
Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact
shall be decided on the basis of the preponderance of evidence. The decision of the City
Council is final.
(G) If the City Council grants the exemption, the exemption is valid for one
(1) year from the date oftbe City Council's action. Upon the expiration of an exemption,
the sexually oriented business is in violation of the locational restrictions of
Section 15½-(G) until the applicant applies for and receives another exemption.
(H) If the City Council denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since the date oftbe City
Council's action.
(I) The grant of an exemption does not exempt the applicant from any other
provisions of this ordinance other than the locational restrictions of Section 15 ½-13(G).
20036126.6 22
Sec. 15 1/2-15 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 the person acts as an escort or agrees to
act as an escort for any person under the age of 18 years.
Sec. 15 1/2-16 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(A) A nude model studio shall not employ any person under the age of
eighteen (18) years.
(B) A person under the age of eighteen (18) years commits an offense if he or
she appears semi-nude in 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 eighteen
(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 or she appears semi-nude or in a state
of nudity or knowingly allows another to appear semi-nude or in state of nudity in an area
of a nude model studio premises which can be viewed from a 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.
Sec. 15 I/2-17ADDITIONAL REGULATIONS FOR ADULT THEATERS AND
ADULT MOTION PICTURE THEATERS.
(A) A person commits an offense if he or she knowingly allows a person under
the age of eighteen (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 eighteen (18) years commits an offense if he or
she knowingly appears as 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 (A) and (B) of this Section
of the person under eighteen (18) years was in a restroom not open to public view or
persons of the opposite sex.
Sec. 15 1/2-18 ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(A) Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment that has been rented and vacated two or more times in a period of time that
is less than ten (10) hours creates a rebuttable presumption that the establishment is an
adult motel as that term is defined in this ordinance.
20036126.6 23
(B) A person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does not have a sexually
oriented business license, he or she rents or sub-rents a sleeping room to a person and,
within ten (10) hours from the time the room is rented, he or she rents or sub-rents the
same sleeping room again.
(C) For purposes of Subsection (B) of this Section, the terms "rent' or "sub-
rent" mean the act of permitting a room to be occupied for any form of consideration.
Sec. 15 1/2-19 REGULATIONS PERTAINING TO EXI-IIBITION OF SEXUALLY
EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS.
(A) A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises in a viewing room of
less than one hundred fifty (150) square feet of floor space, a film, video cassette, live
entertainment, or other video reproduction that depicts specified sexual activities or
specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the
application shall be accompanied by a diagram of the premises showing a plan
thereof specifying the location of one or more manager's stations and the location
of all overhead lighting fixtures and designating any portion of the premises in
which patrons will not be permitted. A 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 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 (6") inches. The
City may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that the
configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the
applicant.
(3) No alteration in the configuration or location of a manager's station
may be made without the prior approval of the City.
(4) It is the duty of the licensee of the premises to ensure that at least
one (1) licensed employee is on duty and situated in each manager's station at all
times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every area of the
premises to which any patron is permitted access for any purpose, excluding
restrooms. Restrooms may not contain video reproduction or surveillance
20036126.6 24
equipment. 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 patron is
permitted access for any purpose bom at least one of the manager's stations. The
view required in this Subsection must be by direct line of sight fi:om the
manager's station.
(6) It shall be the duty of the licensee to ensure that the view area
specified in Subsection (5) remains unobstructed by any doors, curtains,
partitions, walls, merchandise, display racks or other materials and, at all times, to
ensure that no patron is permitted access to any area of the premises that 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) No viewing room may be occupied by more than one (1) person at
any time.
(8) The premises shall be equipped with overhead lighting fmtures of
sufficient intensity to illuminate every place to which patrons are permitted access
at an illumination of not less than five (5.0) foot-candles as measured at the floor
level.
(9) It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present in the
premises.
(10) No licensee shall allow openings of any kind to exist between
viewing rooms or booths.
(11) No person shall make or attempt to make an opening of any kind
between viewing booths or rooms.
(12) The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes exist.
(13) The licensee shall cause all floor coverings in viewing booths to be
nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The licensee shall cause all wall surfaces and ceiling surfaces in
viewing booths to be constructed of, or permanently covered by, nonporous,
easily cleanable material. No wood, plywood, composition board or other porous
material shall be used within forty eight (48") inches of the floor.
(B) A person having a duty under Subsection (1) through (14) of Subsection
(A) above commits an offense if he knowingly fails to fulfill that duty.
20036126.6 25
Sec. 15 1/2-20 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 18 years, he displays a book, pamphlet, newspaper, magazine,
file, 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;
(2) fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast;
(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 in 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 is visible to members of
the general public.
Sec. 15 1/2-21 PROHIBITION AGAINST CHILDREN IN A SEXUALLY
ORIENTED BUSINESS.
A person commits an offense if the person knowingly allows a person under the age of 18
years on the premises of a sexually oriented business.
Sec. 15 1/2-22 HOURS OF OPERATION.
No sexually oriented business, except for an adult motel, shall remain open at any time
between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on weekdays and
Saturdays, and one o'clock (1:00) A.M. and noon (12:00) P.M. on Sundays.
See. 15 1/2-23 LIGHTING; FENCING; SECURITY CAMERAS.
(A) The owners or operators of a sexually oriented business shall maintain
lighting outside the premises of the sexually oriented business on all property adjacent to
or under the control of the sexually oriented business at an intensity of four foot candles
per square foot with a uniformity ratio of no more than four to one at eighteen (18) inches
above the surface. Such lighting devices shall be subject to inspection by the City.
20036126.6 26
(B) A sexually oriented business shall be surrounded by an eight (8) foot chain
link fence or similar fencing materials on not more or not less than three sides of the
premises of the sexually oriented business. The front of the building (facing the public
right of way) shall not contain any fencing materials. Such fencing shall be subject to
inspection by the City.
(C) The owners or operators of a sexually oriented business shall maintain a
security camera system outside of the sexually oriented business that can retrieve
identifiable images for the entire perimeter of such property in order to assist in the
identification and apprehension of persons engaged in criminal activity. A sign shall be
posted at the entrance of the sexually oriented business and in the parking lot stating that
the entire outside perimeter of the sexually oriented business is monitored by a security
camera system. The security camera system and posted signs shall be subject to
inspection by the City.
Sec. 15 1/2-24 ENFORCEMENT.
(A) Pursuant to Section243.010 of the Act, any person, firrrg corporation,
agent, or employee thereof who violates any of the provisions of this ordinance shall be
guilty of a Class A misdemeanor, and upon conviction thereof shall be punished by (1) a
f'me not to exceed Four Thousand ($4,000) Dollars; (2) confinement in jail for a term not
to exceed one (1) year; or (3) both such fine or confinement.
(B) Pursuant to Section 243.010 of the Act, a person who operates or causes to
be operated a sexually oriented business in violation of this ordinance is subject to a suit
for injunction as well as prosecution for criminal violations. Each day a sexually oriented
business so operates is a separate offense or violation.
Sec. 15 1/2-25 COMPLIANCE WITH UNIFIED DEVELOPMENT CODE.
An owner or operator of a sexually oriented business must comply with all relevant
provisions of the Unified Development Code, including, but not limited to, zoning ordinances,
building code ordinances, fire code ordinances, and health and safety ordinances. A violation of
the Unified Development Code may be enforced under either the Unified Development Code or
under this ordinance as it relates to sexually oriented businesses.
Sec. 15 1/2-26 SEVERABILITY.
Each section and provision of this ordinance is hereby declared to be an independent
division and subdivision and, not withstanding any other evidence of legislative intent, it is
hereby declared to be the controlling legislative intent that if any provisions of said ordinance, or
the application thereof to any person or circumstance is held to be invalid, the remaining sections
or provisions and the application of such sections and provisions to any person or circumstances
other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared
that such sections and provisions would have been passed independently of such section or
provision so known to be invalid.
20036126.6 27
Sec. 15 1/2-27 CONFLICTING ORDINANCES REPEALED.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance
relating to sexually oriented business are hereby repealed.
[The remainder of this page intentionally left blank.]
20036126.6 28
PASSED AND APPROVED on first reading the/~"S'day of(~f_, 2002.
Mayor
ATTEST:
City Secretary
PASSED AND FINALLY APPROVED this the~YT-// day of ^1/t~, 2002.
//7,
Mayor
ATTEST:
City Secretary
20036126.6 S-1
REPORT ON A REVIEW OF
THE CITY ORDINANCE
REGULATING THE OPERATION ,,
OF
SEXUALLY ORIENTED BUSINESSES
Recently, at the request of Schertz City Manager
Dewey Cashwell, a volunteer Ordinance Review
Committee was formed to review the current city
ordinance on..the regulation of operations, of Sexually
Oriented Businesses (S.O,B.s). The charge of the
Committee was to review the current ordinance,
recent studies on the impact of such businesses upon
communities, and more recent ordinances that might
be used to improve the Schertz ordinance. The
ordinance now in place in the Schertz code was
approved by the City Council some 12 years ago.
Given the changes in the legal environment over that
time, the dynamics of our community and the
recently approved comprehensive plan for the city
review of this ordinance was both timely and prudent.
The Committee did its homework. We reviewed
studies on the subject of impact of S.O.B.s on
communities and the regulation thereof from fifteen
cities, about half of which were Texas jurisdictions.
We also counseled with the City Attorney team from
the firm ofFulbright & Jaworski, so as to fully
reasonable regulation of S.O,B.s in order to
protect the health and Well being of patrons,
employees and our citizens, thus increasing the
costs of public health services.
There is convincing documented evidence that
S.O.B.s, because of their very nature, have a
deleterious effect on both the existing businesses
around them and the surrounding residential
areas adjacent to them, causing increased crime,
increased security costs for nearby businesses
and residents and the downgrading, of property
values.
S.O.B.s,. due to their very nature,_ have serious
objectionable operational characteristics,
particularly when they are located in close
proximity to each other, thereby contributing to
urban blight and the downgrading of the quality
of life in the areas adjacent to them.
Specific examples of these primary and secondary
effects are comained inthe reports the Committee
reviewed. As a result of the above findings the
Committee has concluded that it is imperative that
the. City Council of the City of Schertz.impose
reasonable restrictions on the times of operation,
manner of operation and location of S.O.B. s within
A copy of the reports, example ordinances and other
materials reviewed by the Committee has been filed
with the City Secretary. We thank you for this ,
oppommity to serve the City of Schertz, and for your
confidence in our ability to assist you in this ..matter.
I 'd like to take a moment to introduce the members
of the Ordinance Review Committee that are present:
Council Member Ken Greenwald
Council Member Tony Wilenchik
Mr. David Richmond, Chairman, Planning & Zoning
Commission
Municipal Court Judge Stacy Padgett
Public Health Officer Gary Davis
Colonel Tim Swinney, USAF
Mr. Albert Menn
Mr. Duane McCune, CPA
Mr. Gary Inman, Attorney at Law
Mr. Ken Ratcliff
Skip Wiggins
07/12/2002 14:27 FAX 2102707205 Fulbrlght and Jaworskl [~008
CDC-NCHSTP-DHAP: HIV/AIDS Surveil]auce Report- Volume 13, Number 1 Page 1
~]~~;onal Center for HTV, STD and TB Prevention
Divisions of HZV/AZDS Prevention
................ ..S..u.r~.-RePortVol:~!.3..,..N.~;.~ ........ Home J Index I S.e.ar.?.__[_..~i~--M-~p""'I Subscribe
Table 1. Persons reported to be living with HIV infection~ and with AIDS,
by state and age group2, reported through June 2001·
· "---~_'~e (7ma. 1~38a~ 5,~G~, ~ ~,lg~ 3~.&$ M 3,304 $r~-48 4~
1~ ~ o ~ ~ 2
~ 2 W 1,~2 12; 1.~
~ .
~ ' ' ~ 0 17Z 172 O T72
~ D~ ~. ~j ;9 I ~ ~ ! 4S t1~ 2 1'1'5
v~
~g ~me lg~ ~ O ~ ~ 2 7,8 146 2
~ ~ - - 2 o 2 2 o, 2
215 S ~ 3~' T
1Jn~udes only persons repo~ wi~ HIV infe~ion who have net developed AIDS,
2,Age group baaed on pemon's age as of June 30, 2001.
3.Pemons reported with vital status "alive" aa of ~e last update. Excludes persons whose v[~l status is unknown.
4,Includes only pemons mpon~ from areas with confidential H~ reposing. Excludes 2.273 adul:s/adoles~nts and 49 children
reposed Eom areas ~th confid~tial HIV lnfa~on reposing ~oae ama of resJden~ is un~own or am ms~den~ of other ames,
5. Includes 431 adults/adolescents and 6 ~i[dmn whose ama of mslden~ is un~own.
6.Connectlcu[ has ~nfidential HIV Ink.ion repo~ng for pediakic cases one; Oregon has confidential infec[Ion repe~ng for
children less than 6 yearn old: Texas reposed only pedi~ HIV Infe=Jon cas~ from rebrua~ 1994 until Janua~ 1999.
EXHIBIT C
FEES
(A) The fees for an initial sexually oriented business license shall be $500.00.
The renewal fee for a sexually oriented business license shall be $250.00.
(B) The fees for both the initial sexually oriented business employee and on-
site employee license shall be $250.00. The renewal fee for both a sexually oriented
business employee license and/or on-site employee license shall be $100.
20036126.6 C-1
THE STATE OF TEXAS,
County of Guadalupe ¢-
Before me, the undersigned authority, on this date personally appeared
Tomm_v C~-ow , known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper 2 time(s) before the return day named therein, such
publications being on the following dates:
July 21, 2002
July 22, 2002
and a newspaper copy of which is hereto attached.
S~ubscribed. before me this .~/~' day of , A.D., 2002.
~'~ CAROL ANN AVERY
Notaw PulPit Sta~ o! Texas
~ M' ' I ir. 08-31-2904 ~
~~,~ y c0mm,ss 0e E,~P Notary Pub,lc,, Guadalupe Co exas
) and RW. 4036 rant, Bob Treacy at lng. All interest6;d can-
Facsimile: (830) 372- (281) 295-3000 or FENCES didates must fill out an
g Authority 5526 bobt@sunday-as- Entrances, Corrals, Call application at thE! above
dght to ac- ORDINANCE, u,~; for your construction address or FAX resume
· eject any AN ORDINAN~ n,eeds. Sexton Inc. to: Personnel (5112)
s, AMENDING CHAPTER 83 0-875-3931 ......... 268-0366 with salary
E. Berry. 15 I/2 OF THE CITY OUALITYCOASTAL requirements· Qualified
Director OF SCHERTZ CODE CAMERA sq. bales, baling soon. applicants will be con-
,2002 RELATING TO SEXU- Found Lake Placid $3.00 in field, del. tacted for interview.
ION TO ALLY ORIENTED area. Call to identify, aw!iii., Sexton· Inc. 830-
D BUSINESS AND PRO- 372-9827. 875-3931 WE NOW ACCEPT
Seguin is VIDING FOR ADDI- I~l~i['~:llllJ;J:l,'jl[~[~l[~ MasterCard, Visa, Ameri-
can Express & Discover
eaied bids TIONAL MlSCELLOU- .
wing items EOUS REGULATIONS ~~:!i!i~¢;~:i:i~:~i¢'~¢ii~iii;:.~iii¢~i~ Card.,, on all ads.
l.m., Wed- ' FOR SEXUALLY ORI- "' .....*"'"' '~ ~' ;EETOR TRACTOR 379-5441.
lgust 14, ENTEDBU$1NESS. ~~,,..~l~rll~ 93bp. 4 wd, cab, NC,
will be Approved on the first ~ He;~ter Like new.
mad pub- reading 16th day of July $24.,000/OBO 303-5581
m. 2002. ATTENDAI~I'S
! Annual Mary Ybarra, NEEDED
Deputy City Secretary To care for patients in
,#17-2002- The SCUCISD wi, be '~'~'10 - ~-50 the homel Shifts are
aCCepting request for available in Seguin,
!Y obtaJn proposals for the follow- New Braunfel,s, and
ectflcalions lng: ~ ~an Marcos. Contact
! the Pur- Classroom & Library the Personnel Dept, at
~, City 'of Furniture 02-222 July (800)899-4858.
Box 591', 31, 2002 @ 10:00 a.m. FLOOD VICTIM Interim HealthGare
~,78156 or Office Fumiture 02-223 Catahoula-mix, male, 6 - 360 .~Frede , burg
(1~30)401- July 31, 2002 @ 10:30 wks., 1st. shots, needs ~1[1~ Rd. Suite210
a.m. work. 372-4081 San Antonio. TX 78229
will be re- Proposals may be ob- www, inteflmheal~lcare,co~
FOUND EOE/MFVH
~ Office of rained at the $CUClSD Cocker & Retriever mix
~lger, City Purchasing Depart- In Elm Grove area. call NESBn'
~.Hall, 205 ment, 1060 Elbel Road, or leave mess. 830- RtECEPTIONIST NURSING HOME
Seguln, Schertz, Texas or by 557-6151 WCG-Kyle Correction Is seeking LVNs for the
, Any bids calling the Purchasing Facillity, 701 IH 35 3pm-11pm shift. Bene-
eCity of- Dept. at 210-945-6223. PUPPIES Sou_th, Kyle, Texas, has r~. Apply in person at
,SdledUled Rag, Boxem $250 ea. an Opening for Recap- 1215' Ashby St., (direct-
~:30 p.m.,. NOTICE TO Call 361-649-8087 tioni,st. This position will ly behind the hospital).
· BIDDERS
~ed unop- Seguin Independent RAT TERRIER greet facility staff and Pre-employment Drug
~guin re- School District is ac- 1.5 y/o m, all shots, visitor's, answer a.multi- Screening~EOE
~ht to re- Cepting competitive neu. $50· Good Comp.
I all bids sealed proposals at 8~30.'3~7_2C4081--. ~_
Informali- 1221 E. Kingsbury, Se- ROI'TWEILER
"Council's guin, TX 78155 for the Pups, 12 wk., currently
~final. following: housed in family set-
REP #. 02-24, Fully In- ting, Call 379-9409 aft.
sured District Medical 5:30 or leave message
ORS
eby given
restamen-
Estate ,of
,.za, WANIED
in Cause
~C-13326, Alive, over 2] for,overnight trip fo
e .County Inr~ at Grand Casino Coushatta, LA
~uadalupe' Sept. ,15th & 1 6th ~4~y ~odBless each
tn. I in. ~ - ~ - at[(~ '~¢/'~/ O'/rl~ 0~'%/0'~.,~
) and F.W. 4036 rant, Bob Treacy at ing. All interest6~d carl-
Facsimile: (830) 372- (281) 295-3000 or FENCES didates must fill out an
g Authority 5526 bobt@sunday-as- Entrances Corrals, Call application at the! above
dght to ac- ORDINANCE, us for your construction address or FAX resume
· eject any AN ORDINA~ n,=~;eds. Sexton Inc. to: Personnel (51;2)
s. AMENDING CHAPTER 83 .............. 0-875-3931 268-0366 with salary
E. Berry. 15 I/2 OF THE CITY K;IUALITYCOASTAL requirements. Qualified
Director OF SCHERTZ CODE CAMERA sq. bales, baling soon. applicants wilt be con-
,2002 RELATING TO SEXU- Found Lake Placid $3.00 in field, del tacted for intervie~v.
]ON TO ALLY ORIENTED area. Call to identify, avl!iii., Sexton, Inc. 830-
D BUSINESS AND PRO- 372-9827. 875-3931 WE NOW ACCEPT
Seguin is VIDING FOR ADDI- 12:li.l:lli'j~.'tl,[l;l MasterCard, Visa, Ameri-
can Express & Discover
eaied bids TIONAL MISCELLOU-
wing items EOUS REGULATIONS ii~i~ Card.,, on all ads.
).m., Wed- ' FOR SEXUALLY ORI- ~ ZI=TOR TRACTOR 379-5441.
Jgust 14, ENTEDBUSINESS. 93bp. 4 wd, cab, NC,
will be Approved on the first Helater Like new.
read pub- reading 16th day of July $24.,000/OBO 303-5581
m. 2002. ATTENDAhrFS
i Annual Mary Ybarra, NEEDED
Deputy City Secretary To care for patients in
#17-2002- The SCUCISD wilt be ~10 - ¢~-~,~O the home. Shifts are
accepting request for available in Seguin,
iy obtain proposals for the follow- New Braunfels, and
ecifications lng: San Marcos. Contact
! the Pur- Classroom & Library the Personnel Dept. at
:e, City of Furniture 02-222 July (800)899-4858.
Box 591, 31, 2002 @ 10:00 a.m. FLOOD VICTIM Interim HealthCare
t 78156 or Office Furniture 02-223 Catahoula-mix, male, 6 ~.~lIO - 360 s3ss FrederiCksburg
(830)401- July 31, 2002 @ 10:30 wks., 1st. shots, needs H Rd. Suite210
a.m. work. 372-4081 San Antonio. TX 78229
will be re- Proposals may be ob- www. in~dmheallhcare.com
FOUND EOE/MFVI-.I
~ 'office of tained at the SCUClSD Cocker & Retriever mix
tager, City Pumhasing Depart- in Elm Grove area. call NESBIT
~ Hall, 205 lent, 1060 Elbel Road, or leave mess. 830- RtECEPTIONIST NURSING HOME
Seguin, schertz, Texas or by 557-6151 WC(;-Kyle Correction Is seeking LVNsforthe
, Any bids calling the Purchasing Facillity, 701 IH 35 3pm-11pm shift. Bene-
e City of- Dept. at 210-945-6223. PUPPIES Sou.th, Kyle, Texas, has fits, Apply in person at
· scheduled Rag, Boxers $250 ea. an Opening for Recap. 1215Ashby St., (direct-
2:30 p.m., NOTICE TO Call 361-649-8087 tionist. This position will ly behind the hospital).
~ed unop- BIDDERS
Seguin Independent RAT TERRIER greet facility staff and Pre-employment Drug
~guin re- School District is ac- 1.5 y/o m, all shots, visitor's, answer a.multi- Screening~EOE
~ to re- cepting competitive neu. $50. Good Comp.
I all bids sealed proposals at 8~30'37_2~'408_1.:_ _
Informeli- 1221 E. Kingsbury, Se- ROTTWEILER
Council's guin, TX 78155 for the Pups, 12 wk., currently
~tinal. following: housed in family set-
REP #. 02-24, Fully In- ting, Call 379-9409 aft.
· 'TO sured District Medical 5:30or leave '14/¢ wott/'d' /~¢ to cxJPrcs$ o~.r
ORS ,~ppreciation to all our
Coy given
restamen- e asa tile ' wit/~
Estate of
WANTED- ,.;
issued on a,urm~ 1
~ Cause ~ :rancisco "q;ran[~"'qVloreno.
~,-13326, Alive, over 21 for,overnight trip to
· .County Inn af Grand Casino Coushatta, LA
iu lu ' Sept. ,lSth & 16th Way od C ss
In' I in. -- - -- - aYtE 'EVdT~ OY~
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
':,
County of Guadalup~
Before me, the undersigned authority, on this date personally appeared
Tommy ~rOW , known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gaze~e-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper ~ time(s) before the return day named therein, such
'publications being on the following dates:
2002 Ordinance
and a newspaper copy of which is hereto attached.
~t t'r,~] ;"'*'-"-'*' CARO~_ANN ^V.RY ~
Nomw ~c Sm~ of Te~s M
Notaw Publi~,, Guadalupe County, Texas
cie la Cluciaci cie ~Je- la becclon 4.u4, con I~. La SeCClOn 1z.uJ. ' .......... '~ .......
guin, por Io menos respecto a intefferen- Prohibicion. ject any and all propos- by said
anos de veinfiuno (21) cia por el concilio con Las subdivisiones (2) y als. _County
I/Seguin, de edad, habran sido emplaados bejo la su- (4) de la Seccion 12.03, ORDINANCE County,
un reeidente de la pervlaion del director con respecto a activi- 02-L-16 I[,, time after
Cludad de Seguin ¥ el de la cludad son ma- dades prohibidas de ~ the sam~
dlatrito de qua el o el- mendadoa como se- empleados y oficlales AN ORDINAI~"E ing the 2
la eliglaron por un pa- guir: elegidos, son enmen- AMENDING CHAPTER GUST,
dodo de por Io me~os Con exepciort dM pro- dados como seguiv. 15 1/2 .THE CITY OF unknown
sela (6) meae~ imme- poelto de la indaga- (2) No- persona qua SCHERTZ CODE RE- sons int~
dlatamente antm'ior la cion basada en he- busca la cita ni la pro- LATING TO SEXUAL- Estate si:
eleoclon, y ~eran un cho~, el concilio y ~u mocion con respecto a LY ORIENTED BUSl- the tim;
volante calif-=c,~fio del persona trataran con cualquier oficina de la NESS AND PROVllY herein
EMado de Teja~. Si el el ~olamente dM per- ciudad ni el emplao, el- lNG FOR ADDITIONAL written c
alcalde o un concejel sonal de la cludad por egido ni designado, im MISCELLANEOUS swer to
fellah de nmrdmmr las et director de la clu- dam indirectamente o REGULATIONS FOR should th
celiflceoiomm qua re- dad, y rtl el concilio nl direcfamente, reodira, o SEXUALLY ORIENT- so.
nunclan o eMaran au- ningun mlambro tarter pagara cualquier din- ED BUSINESS AND Herein fa
sunte~ de tre~ (3) re- lee funclone~ admin- em, el servicio u otra PROVIDING FOR MIS- before
unione~ regularmente IMmtival ni eJecuti- cosa valiosa a Cualqui- CELLANEOUS REGU- the lime
planiflcadas con~eou- vaa baJo. e~te Flare- er persona para o e~ el LATIONS FOR SEXU. writ, wi1
tivaa eln la excuse mento la daran la~ or- connection con so ALLY ORIENTED thereon,
vellde, o moverun dM denee a cuelqulera prueba, la cita, la cita BUSlNE88. you hav,
~ en qua el o el- del aubord#mte~ dM propuesta, la promo- PASSED, APPROVED same.
la Ilueron elegido~, el dlreotor de la eluded, cion o la prom0cion AND ADOPTED this Given u
cor~Bo debe en au ni puMk~amente nl propues~ 61h day,c~ Augu~ 2002. and se~
legundo reguel qua prlvadamente. (4) No emplaado de la Mary Ybarm, Deputy at my o
reuna de~puee de- 13. La eeocion 5.01. [] duded solicitam ni mci- City Secretmy Guadalu
clara un veolo para triburml de la corpora- him cualqular contribu-
axlatir y Ilanar dlJo don (munlelpel). don a los dondos de la K~L~P
veolo como ®xpu$o La seocion 5.01, con campana de cualquier
e~te FIMamento. del tribunal municipal, na municipal ni tomar ....
7. La aeocion 3.05. Al- son enmendados para cualqular parte in la ad-
cMde Pro Tam mamplazar el tr~unal mln~rackm, an
, la de terms, de 1219 Eastwood ]
dad como ~egulr: El corporacion (munici- Nopoliemo. $
oonoilio, en el me~ de pal). Para obedecer con la .~ Dt*Ug T¢ add
junio de cada ano, ok La seoc~n 5.02, con lay del Wade. la Seo- sdng Bac]~
egira unp de aua re~oecto al juez del tri- cion 12.04 concermlan- ~T~,~ thc k Re
mlerrtlxo~ dM concilio bunel municipal, son do las prohibiciones . C are qui~
como Alcalde Pro enmendedos para re- contra nepotlsmo se
l',m, y el o ella r~- emp~r ~ ~u~ de ~m~xla, ~ ~ to. id ~ Equal Opportunity
za~m todco Ioa de- la corpomcton del ter-como seguir. ~..~..,.,.,.,.,.,.,.~,~
Committee Members And other staff members, Chief
Cantrell, Chief Friesenhahn
Leonard Truitt, Ron Youngblood,
Ken Ratcliff Dudely Wait, Amy Madison,
350 Kove Lane Commissioner David Richmond,
Cibolo, Texas 78108 Tony Wilson, Mark Marquez and
Vijay .lain.
Tim Swinney
2745 Valencia Lane Legal Counsel-Fulbright &
Schertz, Texas 78154 .laworski.
658-3601
Duane McCune
5018 Crestwood
Cibolo, Texas 78108
830-609-0906
Gary Inmon
3717 Broughton
Schertz, Texas 78154
658-1729
Skip Wiggins
2944 Lotus Park
Schertz, Texas 78154
659-6460
Albert Menn
P.O Box 467
Seguin, Texas 78156
Gary Davis
Schertz, Texas 78154
Tony Wilenchik
Councilmember
Ken Greenwald
Councilmember
]udge Stacey Padge~
Schertz