HomeMy WebLinkAboutORD 82-109 ORDINANCE NO. �1'_f
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT BY ADDING DEFINITIONS AND SPECIAL
CONDITIONS CONCERNING ADULT ENTERTAINMENT
USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, the City Council recognizes that First Amendment
rights are involved in the regulation of adult entertainment uses;
however, the Council finds, based on evidence submitted at a public
hearing, that such uses, if unregulated, may cause or contribute to
increased urban deterioration, blight and crime; and,
WHEREAS, dispersal of such uses will, according to
evidence presented to Council, reduce, but not eliminate, such
negative effects on the urban environment; and,
WHEREAS, the regulations approved herein provide numerous
commercially viable locations within the City of Beaumont in which
such uses can be located; and,
WHEREAS, this ordinance will not exclude such uses from
the City of Beaumont nor will this ordinance significantly affect
customers access to such uses;
NOW , THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That Chapter 30, Section 30-4 , of the Code of Ordinances
of the City of Beaumont is hereby amended by adding new definitions
to read as follows :
Adult Bookstore. Any establishment which has
as a substantial portion of its stock in trade
books, magazines or periodicals that contain
material which, under the Penal Code of the
State of Texas, may not be displayed or sold to
a minor unless such minor is accompanied by a
consenting parent, guardian or spouse.
Adult Motion Picture Theatre.- - Any establishment
in which motion pictures, slides or similar
photographic reproductions are shown and which
regularly, under the Penal Code of the State of
Texas, excludes minors by virtue of age, unless
such minor is accompanied by a consenting parent,
guardian, or spouse.
Section 2.
That Chapter 30, Section 30-33(B) (2) of the Code of
Ordinances of the City of Beaumont is hereby amended to read as
follows :
Section 30-33(B) (2 ) . Adult Entertainment Uses.
The following special conditions and regulations
shall apply to adult entertainmeent 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 book stores, 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 500 feet of
the district boundary line of any
residential zoning district.
B. An adult entertainment use shall not be
established or expanded within 300 feet of
any other adult entertainment use, bar,
pool hall, or liquor store.
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C . An adult entertainment use shall not be
established or expanded within 750 feet
of the property line of a church, school,
or public park.
D. Because adult entertainment uses
generally have unusual nuisance
characteristics which can be incompatible
and injurious to other commercial or
residential uses and which may
significantly diminish or impair area
property values and impede the normal and
orderly development of surrounding areas,
a specific use permit shall be required
when an adult entertainment use is
located in a GC-MD, General Commercial -
Multiple Family Dwelling District.
Section 3.
That Chapter 30, Section 30-33(B) (11) of the Code of
Ordinances of the City of Beaumont is hereby amended to read as
follows :
Section 30-33(b) (11) . Restaurant. The sale
of alcoholic beverages shall be permissible
only as an adjunct, minor and incidental use
to the primary use which is the sale and
service of food unless the restaurant is
located in a district which permits drinking
places as a use of right.
Section 4.
Section 30-24(B) . Permitted Use Tables.
The Permitted Use Table of the Code of Ordinances of the
City of Beaumont is hereby amended by adding Special Condition two
(2) to SIC Group 58 - Eating and Drinking Places" and SIC Group 79-
"Amusement and Recreation Services, except motion pictures. "
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Section 3.
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 4.
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 5 .
This ordinance shall be effective upon its passage. The
penal provision in Section 6 of this ordinance shall be effective
upon publication as provided by the Charter of the City of
Beaumont.
Section 6 .
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 this
the day of 19 "f .
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Mayor -
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