HomeMy WebLinkAboutORD 98-08 ORDINANCE NO.
AN ORDINANCE PRESCRIBING DEFINITIONS OF SEXUALLY
ORIENTED BUSINESSES; PROVIDING FOR LICENSING AND
REGULATION OF SEXUALLY ORIENTED BUSINESS AND
EMPLOYEES; PROVIDING FOR ADDITIONAL
MISCELLANEOUS REGULATIONS FOR SEXUALLY
ORIENTED BUSINESSES; PROVIDING A PENALTY;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
REPEAL.
WHEREAS, sexually oriented businesses require special supervision from the
public safety agencies of the City in order to protect and preserve the health, safety,
morals and welfare of the patrons of such businesses as well as the citizens of the City;
and
WHEREAS, the City Council finds that some sexually oriented businesses are
frequently used for unlawful sexual activities, including prostitution and sexual liaisons of
a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulation of sexually oriented businesses
in order to protect the health and well-being of the citizens; and
WHEREAS, licensing is a legitimate and reasonable means of accountability to
ensure that managers of sexually oriented businesses comply with reasonable regulations
and to ensure that managers do not knowingly allow their establishments to be used as
places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented
businesses, because of their very nature, may have a deleterious effect on both the
existing businesses around them and the surrounding residential areas adjacent to them,
causing increased crime and the downgrading of property values; and
WHEREAS, the City Council has determined that locational criteria alone do
not adequately protect the health, safety, and general welfare of the people of this City;
and
WHEREAS, it is not the intent of this ordinance to suppress any speech activities
protected by the First amendment, but to enact a content-neutral ordinance which
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.
BE IT ORDAINED BY THE CITY OF BEAUMONT
SECTION 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, morals, and general welfare of the citizens of the
City, and to establish reasonable and uniform regulations. 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, 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 adult uses
on the community presented in hearings, workshops and in reports made available to the
Council, and on studies in other communities including, but not limited to, Phoenix,
Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas;
Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas;
Seattle, Washington; Oklahoma City, Oklahoma; and Cleveland, Ohio, the Council finds:
(1) Sexually oriented businesses may lend themselves to ancillary unlawful and
unhealthy activities that presently are sometimes uncontrolled by the managers of the
establishments. Further, there is presently no mechanism to make the owners of these
establishments responsible for certain activities that occur on their premises.
(2) Certain employees of sexually oriented businesses defined in this ordinance as
adult theaters and cabarets engage in higher incidence of certain types of illicit sexual
behavior than employees of other establishments.
(3) Sexual acts, including masturbation, oral and anal sex, may easily occur at
sexually oriented businesses 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 may create
unhealthy conditions.
(5) Many communicable diseases may be spread by activities which may occur in
sexually oriented businesses.
(6) According to the best scientific evidence, AIDS and HIV infection, as well as
syphilis and gonorrhea, are principally transmitted by sexual acts.
(7) The findings noted in paragraphs number 1 through 6 raise substantial
governmental concerns.
(8) Sexually oriented businesses have operational characteristics which should be
reasonably regulated in order to protect those substantial governmental concerns.
(9) A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and the managers of the sexually
oriented businesses. Further, such a licensing procedure will place a heretofore
nonexistent incentive on the managers 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 manager of the sexually oriented business, fully in possession
and control of the premises and activities occurring therein.
(10) 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 which may occur in such booths.
(11) Requiring licensees of sexually oriented businesses to keep 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.
(12) 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, may aid in preventing the spread of sexually transmitted diseases.
(13) It is desirable in the prevention of the spread of communicable diseases to
obtain a limited amount of information regarding certain employees who may engage in
the conduct which this ordinance is designed to prevent or who are likely to be witnesses
to such activity.
(14) 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.
(15) 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.
(16) The general welfare, health, morals and safety of the citizens of the City will be
promoted by the enactment of this ordinance.
SECTION 2. DEFINITIONS.
(1) ADULT ARCADE means any place to which the public is permitted or invited
wherein coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines, projectors, video
or laser disc players, or other image-producing devices are 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 the depicting or describing of"specified sexual activities"
or "specified anatomical areas."
(2) ADULT BOOKSTORE ADULT NOVELTY STORE OR ADULT VIDEO STORE
means a commercial establishment which, as one of its principal purposes, offers for sale
or rental for any form of consideration any one or more of the following:
(a) books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes or video
reproductions, slides, or other visual representations which are
characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
(b) instruments, devices, or paraphernalia which are designed for use
in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing "specified sexual
activities" or "specified anatomical areas" and still be categorized as an ADULT
BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other
business purposes will not serve to exempt such commercial establishments from being
categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO
STORE so long as one of its principal purposes is the offering for sale or rental for
consideration the specified materials which are characterized by the depiction or
description of specified sexual activities" or "specified anatomical areas."
(3) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features:
(a) persons who appear in a semi-nude condition; or
(b) live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities"; or
(c) films, motion pictures, video cassettes, slides or other
photographic reproductions which are characterized by the
depiction or description of "specified sexual activities" or
"specified anatomical areas."
(4) ADULT MOTEL means a hotel, motel or similar commercial establishment which:
(a) offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or
description of"specified sexual activities" or "specified anatomical
areas"; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of, photographic
reproductions; or
(b) offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
(c) 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.
(5) ADULT MOTION PICTURE THEATER means a commercial establishment
where, for any form of consideration, films, motion pictures, video cassettes, slides, or
similar photographic reproductions are regularly shown which are characterized by the
depiction or description of"specified sexual activities" or "specified anatomical areas."
(6) ADULT THEATER means a theater, concert hall, auditorium, or similar
commercial establishment which regularly features persons who appear in a state of nudity
or semi-nude, or live performances which are characterized by the exposure of"specified
anatomical areas" or by "specified sexual activities."
(7) CITY means the Police Chief with the approval of the City Manager.
(8) CONSPICUOUS PLACE means a location within the sexually oriented
business, near its entrance and lighted such that material posted there can be read from
a distance of three (3) feet.
(9) EMPLOYEE means a person who performs any service on the premises of a
sexually oriented business on a full-time, part-time or contract basis, whether or not the
person is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid a salary, wage or other compensation by the manager
of said business. Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or equipment on the premises, or for the delivery
of goods to the premises, and specifically does not include part-time maid services and
lawn services.
(10) ESCORT means a person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees to privately model lingerie
or to privately perform a striptease for another person.
(11) 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.
(12) 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.
(13) MANAGING means control of the sexually oriented business, i.e., making
operational decisions concerning the sexually oriented business.
(14) NUDE MODEL STUDIO means anyplace where a person who appears semi-
nude, in a state of nudity, or who displays "specified anatomical areas" and is provided to
be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted
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:
(a) that has no sign visible from the exterior of the structure and no
other advertising that indicates a nude or semi-nude person is
available for viewing; and
(b) wherein order to participate in a class a student must enroll at least
three days in advance of the class; and
(c) where no more than one nude or semi-nude model is on the
premises at any one time.
(15) NUDE, NUDITY or a STATE OF NUDITY means the showing of the human
male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a
fully opaque covering, or the showing of the covered male genitals in a discernibly turgid
state.
(16) PERSON means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
(17) 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.
(18) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise
that, as one of its principal business purposes, offers for any form of consideration:
(a) physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(b) activities between male and female persons and/or persons of the
same sex when one or more of the persons is in a state of nudity or
semi-nude.
(19) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore,
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.
(20) SPECIFIED ANATOMICAL AREAS means:
(a) the human male genitals in a discernibly turgid state, even if
completely and opaquely covered; or
(b) 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.
(21) SPECIFIED CRIMINAL ACTIVITY means any of the following offenses:
(a) prostitution, promotion of prostitution, aggravated promotion of
prostitution, compelling prostitution, obscenity, sale, distribution, or
display of harmful material to a minor, sexual performance by a
child, or possession of child pornography as described in Chapter
43 of the Texas Penal Code,
(b) public lewdness, indecent exposure, or indecency with a child as
described in Chapter 21 of the Texas Penal Code;
(c) sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
(d) incest, solicitation of a child or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code;
(e) gambling, gambling promotion, keeping a gambling place,
communicating gambling information, possession of gambling
devices or equipment, or possession of gambling paraphernalia as
described in Chapter 47 of the Texas Penal Code;
(f) forgery, credit card abuse or commercial bribery as described in
Chapter 32 of the Texas Penal Code;
(g) a criminal offense as described in Chapter 481, Subchapter D of
the Health and Safety Code;
(h) a criminal offense as described in Chapter 34 of the Texas Penal
Code;
(1) a criminal offense defined in the Texas Alcoholic Beverage Code
which occurred at any time or any offense involving the use of
alcohol which occurred in the three (3) years preceding the date of
the application herein.
(j) criminal attempt, conspiracy or solicitation to commit any of the
foregoing offenses; or any other offense in another state that, if
committed in this state, would have been punishable as one or
more of the aforementioned offenses; or
(k) a violation of the provisions of this ordinance.
(22) SPECIFIED SEXUAL ACTIVITIES means any of the following:
(a) the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts,
(b) sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
(c) excretory functions as part of or in connection with any of the
activities set forth in (a) through (b) above.
(23) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business
means and incudes any of the following:
(a) the sale, lease, or sublease of the business;
(b) the transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
(c) the establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control
SECTION 3. 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.
(3) For any person to be employed by a sexually oriented business unless the
Employee secures a sexually oriented business employee license pursuant to this
ordinance within seven (7) days after employment.
(B) An application for a license must be made on a form provided by the City.
(C) All applicants must be qualified according to the provisions of this ordinance. The
application may request and the applicant shall provide such information as to enable the
City to determine whether the applicant meets the qualifications established in this
ordinance.
(D) If a person who wishes to operate a sexually oriented business is an individual, the
person must sign the application for a license as applicant. If a person who wishes to
operate a sexually oriented business is other than an individual, each individual who has
a 20 percent or greater interest in the business must sign the application for a license as
applicant. Each applicant must be qualified under the following Section and each
applicant shall be considered a licensee if a license is granted.
(E) The completed application for a sexually oriented business license shall contain the
following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) an individual, the individual shall state his/her legal name and any
aliases and submit proof that he/she is 18 years of age;
(b) a partnership, the partnership shall state its complete name, and the
names of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any;
(c) a corporation, the corporation shall state its complete name, the date
of its incorporation, evidence that the corporation is in good standing
under the laws of its state of incorporation, the names and capacity
of all officers, directors and stockholders who own stock equal to 20%
or more of the outstanding stock of the corporation, and the name of
the registered corporate agent and the address of the registered
office or agent for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name
other than that of the applicant; he or she must state 1) the sexually oriented business's
fictitious name and 2) submit the required registration documents.
(3) Whether the applicant, or a person residing with the applicant, has been
convicted of a specified criminal activity as defined in this ordinance, and, if so, the
specified criminal activity involved, the date, place, and jurisdiction of each.
(4) Whether the applicant, or a person residing with the applicant, has had a
previous license under this ordinance or other similar sexually oriented business
ordinances from another city or country denied, suspended or revoked, including the name
and location of the sexually oriented business for which the permit was denied, suspended
or revoked, as well as the date of the denial, suspension or revocation, and whether the
applicant or a person residing with the applicant has been a partner in a partnership or an
officer, director or principal stockholder of a corporation that is licensed under this
ordinance whose license has previously been denied, suspended or revoked, including the
name and location of the sexually oriented business for which the permit was denied,
suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant or a person residing with the applicant holds any other
licenses under this ordinance or other similar sexually oriented business ordinance from
another city or county and, if so, the names and locations of such other licensed
businesses.
(6) The single classification of license for which the applicant is filing.
(7) The location of the proposed sexually oriented business, including a legal
description of the property, street address, and telephone number(s), if any.
(8) The applicant's mailing address and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant's driver's license number, Social Security number, state or
federally issued tax identification number.
(11) 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 it must be drawn to a designated scale or drawn with
marked dimensions of the interior of the premises to an accuracy of plus or minus six (6)
inches.
(12) If an applicant wishes to operate a sexually oriented business, other than an
adult motel, which shall exhibit on the premises, in a viewing room or booth of less than
one hundred fifty (150) square feet of floor space, films, video cassettes, other video
reproductions, or live entertainment which depict specified sexual activities or specified
anatomical areas, then the applicant shall comply with the application requirements set
forth in Section 12.
(F) Before any applicant may be issued a sexually oriented business employee license,
the applicant shall submit on a form to be provided by the City the following information:
(1) The applicant's name or any other name (including "stage" names) or aliases
used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number; unless the applicant wishes
the information to remain confidential. In such a case, the information must be provided
to the person managing the business for whom they work;
(5) Present business address and telephone number;
(6) Date, issuing state and number of driver's permit or other identification card
information;
(7) Social Security number; and
(8) Proof that the individual is at least eighteen (18) years of age.
(G) Attached to the application form for a sexually oriented business employee license
as provided above, shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's face on a
form provided by the police department. Any fees for the photographs shall be paid by the
applicant.
(2) A statement detailing the work history of the applicant for the five (5) years
immediately preceding the date of the filing of the application, including whether such
applicant previously operated or is seeking to operate, in this or any other county, city,
state, or country has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional or vocational license or permit denied,
revoked, or suspended. In the event of any such denial, revocation, or suspension, the
applicant shall state the name of the issuing or denying jurisdiction, and describe in full the
reason for the denial, revocation, or suspension. A copy of any order of denial, revocation
or suspension shall be attached to the application.
(3) A statement whether the applicant has been convicted of a specified criminal
activity as defined in this ordinance and, if so, the specified criminal activity involved, the
date, place and jurisdiction of each.
SECTION 4. ISSUANCE OF LICENSE
(A) Upon the filing of an application for a sexually oriented business employee license,
the city shall issue a temporary license to the applicant. The application shall then be
referred to the appropriate city departments for an investigation to be made on such
information as is contained on the application. The application process shall be completed
within thirty (30) days from the date the completed application is filed. After the
investigation, the City shall issue a license, unless it is determined by a preponderance
of the evidence that one or more of the following findings is true: _
(1) The applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information on
the application form;
(2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a "specified criminal activity" as defined in
this ordinance;
(4) The sexually oriented business employee license is to be used for employment
in a business prohibited by local or state law, statute, rule or.regulation, or prohibited by
a particular provision of this ordinance; or
(5) The applicant has had a sexually oriented business employee license or
sexually oriented business license revoked by the City within two (2) years of the current
application. If the sexually oriented business employee license is denied, the temporary
license previously issued is immediately deemed null and void. Denial, suspension, or
revocation of a license issued pursuant to this subsection shall be subject to appeal as set
forth in Section 9.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the
written application of the applicant and a finding by the City that the applicant has not been
convicted of any specified criminal activity as defined in this ordinance or committed any
act during the existence of the previous license, which would be grounds to deny the initial
license application. The renewal of the license shall be subject to the payment of the fee
as set forth in Section 5.
(C) Upon filing of a completed application for a sexually oriented business license, the
City shall issue a temporary license to the applicant. Within 30 days after receipt of a
completed sexually oriented business license application, the City shall approve or deny
the issuance of a license to an applicant. The City shall approve the issuance of a license
to an applicant unless it is determined by a preponderance of the evidence that one or
more of the following findings is true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or a person with whom applicant is residing is overdue in payment
to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in
relation to any business.
(3) An applicant has failed to provide information required for this ordinance for
issuance of the license or has falsely answered a question or request for information on
the application form.
(4) An applicant or a person with whom the applicant is residing has been denied
a license by the City to operate a sexually oriented business within the preceding twelve
(12) months or whose license to operate a sexually oriented business has been revoked
within the preceding twelve (12) months.
(5) An applicant or a person with whom the applicant is residing has been convicted
of a specified criminal activity defined in this ordinance.
(6) The premises to be used for the sexually oriented business have not been
approved by the health department, fire department, and the building official as being in
compliance with applicable laws and ordinances.
(7) The license fee required by this ordinance has not been paid.
(8) An applicant for the proposed sexually oriented business license is in violation
of or is not in compliance with any of the provisions of this ordinance.
(D) The license, if granted shall state on its face the name of the person or persons to
whom it is granted, the expiration date, the address of the sexually oriented business and
the classification for which the license is issued pursuant to Section 3. The license issued
to the licensed premises 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 anytime. The license
issued to the Employee shall be posted in a conspicuous place by the Employer anytime
the Employee is performing a service on the premises of a sexually oriented business.
(E) The health department, fire department, and the building official shall complete their
certification that the premises is in compliance or not in compliance within twenty (20) days
after receipt of the application by the City.
(F) A sexually oriented business license shall issue for only one classification as found
in Section 3.
SECTION 5. FEES.
(A) Every application for a sexually oriented business license (whether for a new license
or for renewal of an existing license) shall be accompanied by a $250.00 non-refundable
application and investigation fee.
(B) In addition to the application and investigation fee required above, every sexually
oriented business that is granted a license (new or renewal) shall pay to the City an annual
non-refundable license fee of $150.00 within thirty (30) days of license issuance or
renewal.
(C) Every original application for a sexually oriented business employee license (whether
for a new license or for renewal of an existing license) shall be accompanied by a $25.00
non-refundable application, investigation, and license fee. Thereafter the renewal fee
shall be $15.00 per year.
(D) All license applications and fees shall be submitted to the central collections division
of the City.
SECTION 6. INSPECTION.
(A) An applicant or licensee shall permit representatives of the Police Department, Health
Department, Fire Department, Zoning Department, or other City departments or agencies
to inspect the premises of a sexually oriented business for the purpose of insuring
compliance with the law, at any time it is occupied by the person managing the premises
or open for business, and shall provide the address and phone number of any employee
of the business to such City representative.
(B) A person who operates a sexually oriented business or his agent or employee
commits a misdemeanor if he refuses to permit such lawful inspection of the premises at
any time it is open for business.
SECTION 7. EXPIRATION OF LICENSE.
(A) Each license shall expire one year from the date of issuance and may be renewed
only by making application as provided in Section 3. Application for renewal shall be made
at least thirty (30) days before the expiration date, and when made less than thirty (30)
days before the expiration date, the expiration of the license will not be affected.
(B) When the City denies renewal of a license, the applicant shall not be issued a license
for one year from the date of denial. If subsequent to denial, the City finds that the basis
for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least forty-five (45) days have elapsed since the date denial became
final.
SECTION 8. SUSPENSION
(A) The City shall suspend a license for a period not to exceed thirty (30) days if it
determines that a license or an employee of a licensee has:
(1) violated or is not in compliance with any section of this ordinance; or
(2) refused to allow an inspection of the sexually oriented business premises as
authorized by this chapter; no suspension of a license shall occur unless such suspension
is approved by the City Council.
SECTION 9. REVOCATION.
A) The City shall revoke a license if a cause of suspension in Section 8 occurs and the
license has been suspended within the preceding twelve (12) months, and the City Council
has agreed to the revocation.
(B) Subject to City Council approval as set out in B(7) hereof, the City shall revoke a
license if it determines that:
(1) a licensee gave false or misleading information in the material submitted during
the application process;
(2) a licensee or the employee managing the sexually oriented business has
knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) a licensee or the employee managing the sexually oriented business has
knowingly allowed prostitution on the premises,
(4) a licensee or the employee managing the sexually oriented business has
knowingly operated the sexually oriented business during a period of time when the
licensee's license was suspended;
(5) except in the case of an adult motel, a licensee or the employee managing the
sexually oriented business has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(6) a licensee or the employee managing the sexually oriented business is
delinquent in payment to the City, County, or State of any taxes or fees;
(7) no revocation of a license shall occur unless City Council approves of the
revocation.
(C) When the City revokes a license, the revocation shall continue for one (1) year, and
the licensee and anyone residing with them shall not be issued a sexually oriented
business license for one (1) year from the date the revocation became effective. If,
subsequent to revocation, the City finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at least forty-five (45) days
have elapsed since the date the revocation became effective.
(D) After denial of an application, or denial of a renewal of an application, or suspension
or revocation of any license, the applicant or licensee may seek prompt judicial review of
such administrative action in any court of competent jurisdiction. The administrative action
shall be promptly reviewed by the court.
SECTION 10. TRANSFER OF LICENSE.
A licensee shall not transfer his/her license to another, nor shall a licensee operate
a sexually oriented business under the authority of a license at any place other than the
address designated in the application.
SECTION 11. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
(A) Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishments 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.
(B) A person commits a misdemeanor 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
license, he rents or sub-rents a sleeping room to a person and, within ten (10) hours from
the time the room is rented, he 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.
SECTION 12. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN
VIEWING AREAS OR BOOTHS.
(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 area or booth of less than
one hundred fifty (150) square feet of floor space, a film, video cassette, live
entertainment, or other video reproduction which depicts specified sexual activities or
specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall
be accompanied by a diagram of the premises showing the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons will not be permitted.
The diagram shall also designate the place at which the permit will be conspicuously
posted, if granted. A professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of plus or minus six (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 viewing area or booth may be occupied by more than one patron at any time.
(4) The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an illumination
of not less than three (3.0) foot candles as measured three (3) foot above floor level.
(5) 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.
(6) The licensee shall ensure that no openings of any kind exist between viewing
areas or booths.
(7) No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
(8) The licensee shall, during each business day, ensure that the walls between the
viewing booths are regularly inspected to determine if any openings or holes exist.
(9) The licensee shall cause all floor coverings in viewing areas or booths to be
nonporous, easily cleanable surfaces, with no rugs or carpeting.
(10) The licensee shall cause all wall surfaces and ceiling surfaces in viewing areas
or 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.
(11) The licensee shall cause all areas open to patron use to be maintained in a clean
manner, free from human waste products, semen, needles and trash.
(12) Employees of the City shall have access to any part of the premises at anytime
the business is open.
(B) A person having a duty under Subsection (1) through (11) of Subsection (A) above
commits a misdemeanor if he or she knowingly fails to fulfill that duty.
SECTION 13. 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.
SECTION 14. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(A) A nude model studio shall not employ any person under the age of 18 years.
(B) A person under the age of 18 years commits an offense if the person appears semi-
nude or in a state of nudity in or on the premises of a nude model studio. It is a defense
to prosecution under this subsection if the person under 18 years was in a restroom not
open to public view or visible to any other person.
(C) A person commits an offense if the person appears in a state of nudity, or knowingly
allows another to appear in a state of nudity in an area of a nude model studio premises
which can be viewed from the public right of way.
(D) A nude model studio shall not place or permit a bed, sofa, or mattress in any room
on the premises, except that a sofa may be placed in a reception room open to the public.
SECTION 15. PROHIBITION AGAINST CHILDREN IN A SEXUALLY
ORIENTED BUSINESS.
A person commits a misdemeanor if the person knowingly allows a person under the
age of 18 years on the premises of a sexually oriented business.
SECTION 16. OPERATING REQUIREMENTS.
The following shall be unlawful at an establishment licensed hereunder:
(1) For any person to be at a premises licensed hereunder totally nude, unless
performing in accordance with (5) below. Private rooms at adult motels, public restrooms,
and employees' designated dressing rooms that are not visible or accessible to patrons
are excepted from this prohibition;
(2) For any employee, owner, or manager to allow any patron, to be in a state of
nudity or a semi-nude condition at a premises licensed hereunder;
(3) For any person to counterfeit, forge, change, deface, duplicate or alter a license
issued hereunder;
(4) For any person to offer or accept any gratuity at a sexually oriented business
unless it is done pursuant to this section: specifically, gratuities being offered to any
person performing totally nude must be placed in a receptacle provided for receipt of
gratuities;
(5) For any person performing totally nude at an enterprise to do so less than six
(6)feet from the nearest patron and on a stage less than eighteen (18) inches above floor
level;
(6) For the owner or manager of a premise licensed hereunder to allow any location
within the enterprise to be used for the purpose of totally nude live exhibitions unless it is
marked with clear indications of the six(6)foot zone. The absence of this demarcation will
create a presumption that there have been violations of these regulations during
performances in unmarked areas; or
(7) For any person to possess or consume any alcoholic beverage on the premises
licensed hereunder unless such possession and/or consumption is authorized by a permit
or license issued pursuant to the Texas Alcoholic Beverage Code.
(8) For the intensity of illumination at every place that patrons are permitted access
to be less than three (3) foot candles as measured at three (3) foot above floor level.
SECTION 17. HOURS OF OPERATION.
No sexually oriented business, except for an adult motel, an adult bookstore, adult
novelty store, adult video store or escort services may remain open at any time between
the hours of two o'clock (2:00) A.M. and eight o'clock (8:00) A.M. on weekdays and
Saturdays, and two o'clock (2:00) A.M. and noon (12:00) P.M. on Sundays.
SECTION 18. DISCRIMINATION
No sexually oriented business shall prohibit entry to the licensed premises based on
race, sex, religion or national origin.
SECTION 19. INJUNCTION.
A person who operates or causes to be operated a sexually oriented business without
a valid license or in violation of Section 12 of this ordinance is subject to a suit for
injunction as well as prosecution for criminal violations.
SECTION 20. EFFECTIVE DATE.
Applications under this ordinance will be accepted by the City from and after March
1, 1998. This ordinance shall be enforced from and after May 1, 1998.
SECTION 21. SEVERABILITY.
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 22. REPEAL.
THAT all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
SECTION 23. PENALTY.
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 day
o 1998.
e
-Mayor-