HomeMy WebLinkAboutORD 02-029 ORDINANCE NO. 02-029
ENTITLED AN ORDINANCE AMENDING CHAPTER 30,
ARTICLE VI, SECTIONS 30-24B, PERMITTED USE TABLE,
AND 30-33(b)(2), ADULT ENTERTAINMENT USES, OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT;
PROVIDING FOR REPEAL; PROVIDING FOR
SEVERABILITY; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 30, Article 6, Section 30-24B, Permitted Use Table, of the Code of
Ordinances of the City of Beaumont be and the same is hereby amended to delete eating
and/or drinking places with adult entertainment and video tape rental business that rent
adult video tapes from the RCR, NC, NSC, GC-MD, GC-MD-2, and GC-MD-3 Districts.
Section 2.
THAT Chapter 30, Article 6, Section 30-33(b)(2) be amended to read as follows:
Section 30-33(b)(2):
(2) Adult entertainment uses. The following special conditions and regulations
shall apply to adult entertainment uses without regard to whether the adult
entertainment use is a primary or accessory use. Adult entertainment uses are
those which exclude minors by virtue of age under the Penal Code of the State of
Texas unless such minor is accompanied by a consenting parent, guardian, or
spouse and shall include, but shall not be limited to, adult motion picture theatres,
massage parlors, nude modeling studios, nude photography studios, adult
bookstores, or eating or drinking establishments which have sexually oriented
entertainment such as go-go dancers, exotic dancers, strippers or other similar
entertainers.
a. An adult entertainment use shall not be established or expanded within
fifteen hundred (1,500) feet of any dwelling.
b. An adult entertainment use shall not be established or expanded within three
hundred (300) feet of any other adult entertainment use, bar, pool hall, or
liquor store.
C. An adult entertainment use shall not be established or expanded within
fifteen hundred (1,500)of a church, child care facility, school, hospital, public
building, or public park.
d. The method of measuring the distance between an adult entertainment use
and another adult entertainment use or any other use shall be from nearest
property line to nearest property line of said uses.
Section 2.
THAT if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
THAT all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
THAT any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of April,
2002. C:
- David W. Moore, Mayor -