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Home My WebLink AboutORD 09-049 ORDINANCE NO. 09-049 ENTITLED AN ORDINANCE AMENDING ARTICLE VI, CHAPTER 7, SUBSECTIONS 7-83(d), 7-83(f)(3), 7-83(h)(3), 7-84(a),7-84(e)(1),7-84(e)(3), 7-84(e)(1 2),7-84(k),7-86(a),7- 87(4), 7-95, 7-105(a) and 7-105(a)(1); AND REPEALING SUBSECTIONS 7-84(d) and 7-84(e)(13) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont passed Ordinance No. 00-10 forthe purpose of regulating sexually oriented businesses in the City of Beaumont in order to promote public health, safety and welfare of the citizens of the City and to establish reasonable and uniform regulations; and WHEREAS,the City Council hereby reaffirms the findings previously adopted based upon the evidence presented concerning the adverse secondary effects of adult sexually oriented businesses on the citizens and community of Beaumont; and WHEREAS, the City Council recognizes the need to modify from time to time its ordinances to comport with current laws and court interpretations and finds it is in the best interest of the citizens of the City of Beaumont to do so; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. Section 2. That Article VI, Chapter 7, Subsection 7-83(d), be and the same is hereby amended to read as follows: Sec. 7-83. License required. (d) All applicants must be qualified according to the provisions of this article. Section 3. That Article VI, Chapter 7, Subsection 7-83(f)(3), be and the same is hereby amended to read as follows: Sec. 7-83. License required. (f) The completed application for a sexually oriented business license shall contain, at a minimum, the following information and shall be accompanied by the following documents: (3) If the applicant, or a person residing with the applicant, has been convicted of, or had been released from jail for, a specified criminal activity as defined in this article within the five (5)year period prior to the date of the application for a felony offense or within the two (2) year period prior to the date of the application for a misdemeanor offense, the application shall include documentation stating the specific criminal activity involved, the date, place, and jurisdiction of each activity. Section 4. That Article VI, Chapter 7, Subsection 7-83(h)(3), be and the same is hereby amended to read as follows: Sec. 7-83. License required. (h) Attached to the application form for a sexually oriented business employee license as provided above shall be the following: (3) A statement whether the applicant has been convicted of, or had been released from jail for, a specified criminal activity, as defined in this article, within the five (5)year period prior to the date of the application for a felony offense or within the two (2) year period prior to the date of the application for a misdemeanor offense and, if so, the specified criminal activity involved, the date, place and jurisdiction of each conviction. Section 5. That Article VI, Chapter 7, Subsection 7-84(a), be and the same is hereby amended to read as follows: Sec. 7-84. License — Issuance or denial. (a) Within thirty (30) business days of receipt of an application, either original or renewal, for a sexually oriented business, if necessary the city (including its health, fire, police, zoning and building codes and other city departments)shall inspect the premises of a sexually oriented business and the city shall grant or deny the requested license and give written notice to the applicant as to the decision, unless such time period is extended at the request of the applicant. The applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) business days. Written request must be delivered to the city clerk and chief of police. Section 6. That Article VI, Chapter 7, Subsection 7-84(d), be and the same is hereby repealed. Section 7. That Article VI, Chapter 7, Subsections 7-84(e)(1), (3), and (12), be and the same are hereby amended to read as follows: Sec. 7-84. License — Issuance or denial. (e) The sexually oriented business or sexually oriented business employee license shall be denied upon a finding by the city of any of the following facts: (1) The applicant failed to supply all the information requested on the application; (3) The applicant has been convicted of, or had been released from jail for, a specified criminal activity as defined in this article, to wit: a felony within the five (5) year period prior to the date of the application or a misdemeanor within the two (2) year period prior to the date of the application; (12) The applicant or a person with whom the applicant is residing has been convicted, or had been released from jail for, of a specified criminal activity as defined in this article within the five (5)year period prior to the date of the application for a felony offense or within the two (2) year period prior to the date of the application for a misdemeanor offense; Section 8. That Article Vl, Chapter 7, Subsection 7-84(e)(13), be and the same is hereby repealed. Section 9. That Article Vl, Chapter 7, Subsection 7-84(k), be and the same is hereby amended to read as follows: Sec. 7-84. License — Issuance or denial. (k) Upon a finding from a preponderance of the evidence presented at the hearing that cause exists for denial of the license, the hearings officer shall order the application be denied. The hearings officer shall issue a written order to the applicant pursuant to this article. Section 10. That Article VI, Chapter 7, Subsection 7-86(a), be and the same is hereby amended to read as follows: Sec. 7-86. Inspection. (a) An applicant or licensee shall permit representatives of the police department, health department,fire department,zoning division,orothercity department or agency to inspect the premises of a sexually oriented business for the purpose of insuring compliance with federal, state or city statutes, codes, ordinances, or regulations, at any time it is occupied by the person managing the premises or open for business. Section 11. That Article VI, Chapter 7, Subsection 7-87(b), be and the same is hereby amended to read as follows: Sec. 7-87. Expiration of license. (b) 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 the denial became final. Section 12. That Article VI, Chapter 7, Subsection 7-95, be and the same are hereby amended to read as follows: Sec. 7-95. Prohibition against persons younger than eighteen in a sexually oriented business. (a) A person commits a misdemeanor if the person intentionally, knowingly, recklessly or negligently allows a customer under the age of eighteen (18) years on the premises of a sexually oriented business during the hours of operation. (b) It shall be the duty of the licensee and operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business' regular business hours. It shall be the duty of the attendant to not allow any customer under the age of eighteen (18)years to enter the sexually oriented business. It shall be presumed that an attendant knew a customer was under the age of eighteen (18) unless such attendant asked for and was furnished: (1) Avalid operator's,commercial operator's,orchauffeur's drivers license; (2) A valid personal identification certificate issued by the Texas Department of Public Safety reflecting that such person is eighteen (18) years of age or older; or (3) Identification card issued by the State of Texas, the military or the United States or a foreign country. Section 13. That Article VI, Chapter 7, Subsections 7-105(a)and 7-105(a)(1), be and the same are hereby amended to read as follows: Sec. 7-105. Hearing. (a) When the city manager receives a timely written request for a hearing concerning the denial of a license or the suspension or revocation of a license, the city manager shall initiate the public hearing procedure, as follows: (1) The city manager shall appoint a hearings officer and a date and location shall be set for the public hearing to be held within fourteen (14) business days of the receipt of the written request for hearing. Section 14. That the meeting at which this Ordinance was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. ,= UA4 t� 14- - ;4 V au w - Mayor Pro Tern Gethrel Williams-Wrig t - to I,,tcS�„