HomeMy WebLinkAboutORD 02-058 ORDINANCE NO. 02-058
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE
CODE OF ORDINANCES BY AMENDING SECTION 30-33 (b) (2),
TO THE ZONING ORDINANCE; PROVIDING FOR THE DELETION
AS AN ALLOWED USE BY RIGHT OR WITH A SPECIFIC USE
PERMIT, EATING PLACES (SIC 5812) AND DRINKING PLACES
(SIC 5813) THAT HAVE ADULT ENTERTAINMENT AND VIDEO
TAPE RENTAL (SIC 7841) THAT RENTS ADULT VIDEO TAPES
SHALL NOT BE ALLOWED IN THE RCR, NC, NSC, GC-MD, GC-
MD-2 and GC-MD-3 DISTRICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Section 30-33 (b) (2) of the Code of Ordinances of the City of Beaumont be,
and the same is hereby amended to read as follows:
Sec. 30-33 (b). Special conditions by use
(2) Adult Entertainment Uses. The following special conditions and regulations
shall apply for 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 not be limited to, adult motion
picture theaters, massage parlors, nude modeling studios, nude photography
studios, adult bookstores, or eating and 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) feet of a church, child care facility, school,
hospital, public building, or public park.
d. The method 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.
e. Eating places(SIC 5812)and drinking places(SIC 5813)that have adult
entertainment and video tape rental (SIC 7841) that rents adult video
tapes shall not be allowed in the RCR, NC, NSC, GC-MD, GC-MD-2
and GC-MD-3 Districts.
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 be 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
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 27th
day of August, 2002.
- Mayor Evelyn M. Lord -