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HomeMy WebLinkAboutMIN JAN 06 1998 M I N U T E S - CITY OF BEA UMONT Lulu L.smith DAVID W. MOORE, MAYOR Becky Ames, Mayor Pro Tem Guy N.Goodson CITY COUNCIL MEETING Andrew P.Cokinos John K.Davis JANUARY 6,1998 Bobbie J. Patterson Lane Nichols,City Attorney Ray A. Riley,City Manager Patrice Fogarty,City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on January 6, 1998, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING *Invocation Pledge of Allegiance Roll Call *Presentations and Recognition *Public Comment: Persons may speak on scheduled agenda items *Consent Agenda Mayor Moore called the meeting to order at 1:34 p.m. Pastor Edison Colbert, Paradise Missionary Baptist Church, gave the invocation. After the invocation, Mayor Moore invited everyone to observe a moment of silence in memory of Mrs. Delia Harrington. (Mrs. Harrington was a long time volunteer for the City of Beaumont's Clean Community program and advocate for the beautification of the city.) Jefferson County Sheriff Mitch Woods led the pledge of allegiance. Present at the meeting were: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson. Also present were Ray A. Riley, City Manager; Lane Nichols, City Attorney; Patrice Fogarty, City Clerk; and Barbara Liming, Deputy City Clerk. *Presentations and Recognition - None *Public Comment: Citizens were invited to comment on the Consent and Main agendas. No one wished to address these subjects. CONSENT AGENDA The following consent agenda items were considered: * Approval of the minutes of the regular meeting held December 23, 1997; * Confirmation of committee appointments - Resolution No. 98-1 A) Approve the sponsoring of buses by the City of Beaumont for support of the Martin Luther King, Jr. Parade and Rally. - Resolution No. 98-2 B) Approve the purchase of copiers for use in various City departments (through the State of Texas Cooperative Purchasing Program for the Central Services, Water Utilities and Public Health Departments for $17,902) - Resolution No. 98-3 C) Accept improvements constructed in Park West Subdivision, Phase III for City maintenance - Resolution No. 98-4 Councilmember Cokinos moved to approve the Consent Agenda. Mayor Pro Tem Ames seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None GENERAL BUSINESS 1. Consider amending Section 26-23 of the Code of Ordinances relating to speed zones on East Lucas (a: from a point 140 feet west of the centerline of Pine Street to a point 60 feet east of El Paso, 40 mph maximum; b: from a point 60 feet east of El Paso to center line of Eastex Freeway, 35 mph maximum) Councilmember Cokinos moved to approve Ordinance No. 98-1 ENTITLED AN ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF BEAUMONT, TO ESTABLISH MAXIMUM AND MINIMUM SPEEDS IN CERTAIN ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Davis seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Davis and Patterson Noes: None Councilmember Davis requested that the traffic engineer investigate possibility of installing a traffic signal at Magnolia and East Lucas in place of the present four-way stop. 2. Consider approving a contract with the Golden Triangle Minority Business Council for the development of a Business Information Center Councilmember Patterson moved to approve Resolution No. 98-5 authorizing a contract in the amount of $25,000 with the Golden Triangle Minority Business Council for Minutes;1/6/998;Page 2 development of a Business Information Center. Councilmember Smith seconded the motion. MOTION PASSED. Ayes: Mayor Moore, Mayor Pro Tem Ames, Councilmembers Smith, Goodson, Cokinos, Patterson and Davis Noes: None Councilmember Davis requested that the City Manager meet with Beverly Hatcher to schedule a tour of the center for Council and commented that the center's operation is designed for all businesses. Mayor Moore added that the facility is all inclusive, service is not limited to minority business use only, but is a comprehensive assistance effort. OTHER BUSINESS * Review of Section 108 Loan Application Finance Officer Beverly Hodges introduced Stephanie Dugan of the National Development Council. Ms. Dugan presented Council with an update of Section 108 Loan application procedures as outlined in Exhibit"A." She spoke of leveraging Block Grand funds, original applications and reviews that can be processed directly with the HUD office in Fort Worth, lines of credit and answered Council questions. Also, Ms. Dugan reviewed progress regarding Hotel Beaumont renovations, said a draft would be forthcoming with specific identifications and responded to inquiries about the proposed population of the hotel. Finance Officer Beverly Hodges elaborated on the projects to be possibly considered for Section 108 funding. * Report on organization of Clean Community Department City Manager Ray Riley presented a report to Council concerning reorganization and merger of City programs to establish a new Clean Community Department, described in Exhibit"B." Mr. Riley said the new department will be redefine and focus all assets of the City relating to sanitation, street sweeping, trash collection, weedy lots, junked motor vehicle, demolition of dilapidated structures and the general appearance of the city. The department will work in conjunction with neighborhood associations and will be under the direction of Mr. John Labrie without any additional or dismissal of personnel. They will use current Photometric Index results received from Lamar University to identify areas of attention and work collaboratively with neighborhood associations in an effort to eliminate nuisances and prevent future unsanitary conditions. Council commended Mr. Riley for his vision, expressed confidence in Mr. Labrie's ability to coordinate the department's activity and again commented about Delia Harrington's fervor Minutes;! !6198;Page 3 in working for the cleanliness and beautification of Beaumont. Councilmember Patterson said she would like to see stronger enforcement of ordinances already passed and suggested citizen education regarding their responsibility for control of weeds and other cleanliness issues by including inserts with water statements. WORK SESSION * Discuss regulation of adult entertainment uses City Attorney Lane Nichols told Council that in response to their direction, he has prepared a draft of what he considers to be a lawful ordinance regulating sexually oriented businesses in Beaumont as shown in Exhibit "C" Mr. Nichols said the ordinance is in excess of 30 pages, is fairly similar to the one passed by Jefferson County with inclusion of hours of operation, minimum lighting, cleanliness and partition regulations. Upon presentation of the ordinance, Mr. Nichols was available to answer Council questions. Mayor Moore thanked Mr. Nichols, Councilman Patterson and staff members for working diligently on the document during the past weeks, said new light has been added to community activity, and expressed appreciation for presentation of a workable ordinance. Councilmember Goodson asked the City Attorney for clarification of G-2 on page 20 regarding license history of applicant; asked if inclusion of alcohol, drug abuse, sale or distribution of drugs could be added on page 21 under G-3; addressed time involved with application process; suggested possibility of more defined language regarding license display as addressed in D on page 23; questioned penalty and charges relating to inspections referred to in Section 6, A and B on pages 24 and 25; and discussed B 1 and 2 on page 26 regarding giving false or misleading information and knowingly allowing possession, use or sale of controlled substances. Mr. Nichols said he would research Councilmember Goodson's inquiries and attempt to more clearly define some of the suggested areas. Councilmember Davis said compilation of this ordinance has been a very challenging task assignment and asked if Mr. Nichols received comments from anyone in opposition to formulation of an ordinance regulating sexually oriented businesses. Mr. Nichols stated he received comments about the six feet restriction, hours of operation by an adult book store owner and call regarding status of the ordinance. Councilmember Davis added that while it is appropriate for business owners to attend Council and express comments, they have chosen not to participate. Councilmember Patterson mentioned concerns about employee time records requirements, suggested moving cautiously to avoid possibility of the ordinance being overthrown in court. Minutes;1/6138;Page 4 Mr. Nichols affirmed that he is confident with this portion of the ordinance, does not perceive any constitutional problems, and police personnel have indicated that they would be assisted by having those records available. Mayor Moore invited comments from citizens or business operators. Mr. Pat Gilbert, 630 Genoa, as a member of the South Park Neighborhood Association, spoke in support of an ordinance regulating sexually oriented businesses with tighter controls. Mr. Lynn DeMary, 430 E. Elgie, spoke in support of an ordinance broad enough to permit police officers to carry out their investigative work to obtain a conviction and with zoning controls that would prohibit a concentration of sexually oriented establishments in any limited area. Mr. Buddy Hebert, 295 North Parkway, thanked Councilmember Patterson for her idea of mailing bulletins regarding most violated ordinances to citizens through the water statements, City Attorney Nichols for working on the sexually oriented business ordinance and City Manager Riley for his idea of a Clean Community Department. He said the south end of Beaumont is plagued with junked motor vehicles, dilapidated houses and lawn service companies that cut grass and leave the cuttings for the City of Beaumont to pick up. Mr. Hebert spoke in support of a sexually oriented business ordinance, said they are multiplying and need control, supported one that is workable, enforceable and makes Beaumont more clean and wholesome. Mayor Moore thanked citizens for their comments and participation and said the ordinance would probably be brought back to Council for a vote at the next scheduled meeting. Councilmember Davis said there has been opportunity for input from operators of the businesses that will be affected by the proposed regulatory ordinance at three separate meetings, took the position that he has been receptive to hear their remarks, and they did not take opportunity to express views within the appropriate time frame. He expressed a desire to be fair to both sides of the issue, but the opportunity to speak was at these meetings. He said Council desires to hear both sides of a viewpoint. Councilmember Smith asked if the ordinance would be returned to Council for approval as presented today. Mr. Nichols said his instruction for preparation will be taken from Council, that Councilmember Goodson has make excellent suggestions for tightening up some provisions, and said enforcement times should be added. Councilmember Smith voiced concurrence with Councilmember Patterson's concern about the time card inspection. Minutes;1 ffiM;Page 5 Councilmember Patterson recommended considering Councilmember Goodson's suggestions and any others presented, redraft the ordinance, bring it back for review and then again for action. Mayor Pro Tem Ames said she would not object to voting, if Council could receive the revised ordinance on Friday prior to the meeting, said she would like to proceed with the matter, but will oblige Council's desire. Mayor Moore agreed with Mayor Pro Tem Ames that Friday to Tuesday would be adequate time to review a final draft of the ordinance, but will defer to Council's desire. If there is any question at the time of presentation, he said the vote can be deferred to a later date or the ordinance an be amended. At the invitation of Mayor Moore, Jefferson County Sheriff Mitch Woods addressed Council. He spoke in support of their action. Sheriff Woods explained to Council the need to have time cards available for review. He said their interest is not to know which employees are working, but to be able to track clocking in and out of businesses. He spoke of prostitution and said some employees will work at a business, clock out to perform a prostitution act, return to the business and clock back in to work. This protects the business operator from being aware of the employee's action. He said a section in the ordinance providing for review of time cards would show in an out activity patterns of employees. Mr. John D. Young, 2325 South Street, representing DPD Investments, owners of Peepers Bookstore, expressed his belief that Council has already made a decision about the sexually oriented business regulatory ordinance and that "it's the feeling of most of the business owners that's it's going to go into effect...and...the only alternative...is to fight it out in court." Mayor Moore assured Mr. Young that a vote could have already been taken, if minds had been made up. Councilmember Davis told Mr. Young his mind is not made up, that he is interested in fairness and what will be good for Beaumont and very concerned about city government regulating existing businesses. Councilmember Davis expressed his concerns about the businesses addressed in the ordinance, business limitation and constitutional rights. He said he is willing to listen to any citizen to determine how he should vote and encouraged Mr. Young to inform Council of his personal concerns. Mr. Young further stated that there is no justification for confining the hours of operation since his establishment is a retail outlet, not a club that sells alcohol or provides strip entertainment. Mayor Moore reiterated that Council has tried to be open with the process, said he does have concern with diminution of economic revenue for businesses, that Council is sensitive Minutes;1 !6/96;Page 6 to the hours of operation concern and encouraged Mr. Young to visit with Council or the Legal Department about those concerns before the ordinance is brought back for a vote. Mayor Moore thanked citizens for their patience and said the ordinance will be discussed at the next scheduled meeting with Councilmembers bringing back any points that need fine-tuning. COMMENTS * Councilmembers comment on various matters: Councilmember Davis commented about a point that Councilmember Goodson raised in the Planning and Zoning meeting. He told Planning Director Steve Richardson that he does not want to give up the right for Council as elected officials to make a final decision on specific use permits and wished everyone a happy new year. Councilmember Patterson added wishes for everyone to enjoy a happy new year. Mayor Moore congratulated Mayor Lee Brown, recently elected mayor for the City of Houston, said several outstanding young people have been recognized in athletic competitions such as the Super Gold Team and pointed out that this past weekend, two former West Brook High School stars participated in playoffs—Earl Dotson for the Green Bay Packers and Frank Middleton for the Tampa Bay Buccaneers. He stated that these young men are doing well in representing Beaumont as they continue to enhance their careers. He was reminded that Jerry Ball is another pro player from Beaumont. Also, Mayor Moore congratulated Austin Express on the beginning of three round trip flights per day to Austin, said he looks forward to their progress and said they already have plans for expansion. Mayor Moore encouraged continued support of Lamar University's basketball team at their next game on January 8, wished everyone a happy new year and announced that Mrs. Delia Harrington's funeral will begin at 3:00 p.m. at First Baptist Church. * Public Comment (Persons are limited to 3 minutes.) - No other citizens spoke. There being no further business, the meeting adjourned at 2:52 p.m. Mayor David W. Moore 'y - Patrice Fogarty, Ci lerk Minutes;1 /fiM;Page 7 City of Beaumont 801 Main St.,Room C"of Beaumont HE,aumox 3827 77704y0 Fax:(409)8808371289 mmlorwom To: Ray A. Riley, City Manager From: Beverly P. Hodges, Finance Office Date: Wednesday, December 31, 1997 Subject: Section 108 Loan Update Sally Loveland of the National Development Council will make a presentation to Council at it's January 6, 1998 meeting. The purpose of the workshop is to update Council on the City's Section 108 Loan application. At this time it is proposed that we make application for a line of credit of up to $11 million which would be the upper limit of the City's capacity to use Section 108 funds. This would eliminate the need to repeat the application process for future eligible economic development and housing issues. The 108 requirements include the following six items which must be addressed and supported in the application: ❖Reasonableness of the Proposed Project Costs ❖Commitment of all Sources of Funds ❖Substitution of CDBG funds for Private Sources ❖Feasibility of the Projects ❖Return on Owner's Equity ❖Standards for Evaluating Public Benefit Ms. Loveland has modeled our application after a recently approved one submitted by the City of Portland, Oregon. To date the projects that have been identified to utilize available 108 funds are the Hotel Beaumont and the LL Melton YMCA. Prior to submission of our application we must hold a public hearing on the proposed application. After the public hearing the approval process may take up to four months (2-3 weeks in Fort Worth, 3 months in Washington, DC.) The funds will not be drawn until each project is started. At that time the Treasury obligations would be sold and an interest rate established for that particular issue. For a$1 million loan the annual repayment over 15 years would be $106,000; over 10 years $137,000; over 5 years $235,000. It is allowable to repay a Section 108 loan with future CDBG allocations (for approved projects which meet HUD national objectives.) For purposes of determining eligibility, the CDBG rules and requirements apply. As with the CDBG program, all projects and activities must either principally benefit low-and moderate-income persons, or aid in the elimination or prevention of slum and blight, or meet urgent needs of the community. EXHIBIT "A" INTER-OFFICE MEMORANDUM City of Beaumont December 31, 1997 To: Mayor and Councilmembers From: Janie Johnson and Kyle Hayes RE: Solid Waste and Clean Community Merger The City has worked especially hard over the past five years on revitalization and beautification efforts. To name a few, the City worked with the Keep America Beautiful Program and the Keep Beaumont Beautiful Commission on the Welcome to Beaumont Park, has purchased two street sweepers for cleaner streets, and has made significant progress in the ongoing revitalization efforts in Charlton Pollard The City also has a contract with Beaumont Products and Services for the outside maintenance of City buildings and rights-of-way in the Central Business District, for picking up litter on arterial streets, and uses inmates from the Larry Gist Unit and Jefferson County Correctional Facility for the maintenance of the MLK Parkway and abandoned properties. In an effort to continue the City's success and make greater improvements, the City Manager is proposing a merger of all divisions currently involved in the sanitation, cleanliness, and appearance of the City. For a number of years, duties involving sanitation and cleanliness of the City have been shared by numerous divisions within the Solid Waste Management Department, the Central Services Department, and the Public Works Department. Under an initiative, the Clean Community Department will be formed. The merger of these efforts will not require any additional employees or funding. It will encompass the existing Solid Waste Management Department in its entirety, the Central Services Department's Clean Community Division and certain activities from the Purchasing Division, and the Public Works Department's Street Sweeping Program. The Clean Community Department will consist of three Divisions: Collection, Disposal, and Neighborhood Services. The Collection Division will focus on collection of trash and EXHIBIT "B" garbage, recyclable materials, green waste (plant materials for composting), and large waste (bulky items such as refrigerators). The Disposal Division will oversee the operations at the City's disposal facilities--the landfill and the compost area. The Neighborhood Services Division will focus on the cleanliness of streets, rights-of-way, and private property. Issues involving weedy lots,junk motor vehicles, demolition of unsightly structures, and street sweeping efforts will fall under this division. Clean Community Department employees will collaborate with neighborhood associations to identify problems, coordinate efforts, eliminate nuisances, and prevent future unsanitary conditions. The mission of this department will be to guarantee that the City of Beaumont is the cleanest city in the State of Texas. The employees in this department will coordinate their efforts with other Clean Community Department employees and place emphasis on abating nuisances and unsightly situations. They will utilize the most current Photometric Index as a resource to identify areas of the City in need of attention. Rather than address problems individually, there will be a collective effort similar to a task force for the purpose of cleaning up neighborhoods. If a neighborhood is experiencing problems with unsightly structures in need of demolition, Clean Community Department employees will focus on all aspects of cleanliness in the region. In addition to addressing the existence of the unsightly structures, employees will also emphasize weedy lots,junk motor vehicles, litter, and streets in need of sweeping. We are excited and optimistic that this merger will ensure even greater success in our efforts to revitalize and beautify the City. ORDINANCE PRESCRIBING DEFINITIONS OF SEXUALLY ORIENTED BUSINESSES TABLE OF CONTENTS SECTION 1. PURPOSE AND FINDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 2. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION 3. LICENSE REQUIRED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 4. ISSUANCE OF LICENSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SECTION5. FEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 6. INSPECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 SECTION 7. EXPIRATION OF LICENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SECTION 8. SUSPENSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SECTION 9. REVOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SECTION 10. TRANSFER OF LICENSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SECTION 11. ADDITIONAL REGULATIONS FOR ADULT MOTELS. . . . . . . . . . . . 27 SECTION 12. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING ROOMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 SECTION 13. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. . . . . . . . . 30 SECTION 14. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. . . . . . 30 SECTION 15. PROHIBITION AGAINST CHILDREN IN A SEXUALLY ORIENTED BUSINESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 16. OPERATING REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 SECTION 17. EMPLOYEE TIME RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 EXHIBIT"C" SECTION 18. HOURS OF OPERATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 19. DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 20. INJUNCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 21. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 22. SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 SECTION 23. REPEAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SECTION 24. PENALTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 2 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 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 operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as 3 places of illegal sexual activity or solicitation; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, because of their very nature, 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, it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; 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 4 in the City. BE IT ORDAINED BY THE CITY OF BEAUMONT SECTION 1. PURPOSE AND FINDINGS. (A) u se. 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 to prevent the deleterious location and concentration of sexually oriented businesses within the City. 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 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 lend themselves to ancillary unlawful and 5 unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the 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, and oral and anal sex, occur at sexually oriented businesses, especially those 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 creates unhealthy conditions. (5) Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. (6) At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. (7) The surgeon general of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn. 6 (8) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. (9) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. (10) The findings noted in paragraphs number 1 through 9 raise substantial governmental concerns. (11) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (12) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators 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 operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein. (13) 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 occurring in such booths. (14) Requiring licensees of sexually oriented businesses to keep information 7 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. (15) The disclosure of certain information by those persons ultimately responsible for the day-today operation and maintenance of the sexually oriented business, where such information is substantially related to the significant govemmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases. (16) 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. (17) 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. (18) 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. (19) 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, 8 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 9 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 state of nudity or semi-nude; 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 10 (c) allows a tenant or occupant of a sleeping room to subrent the room for 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) 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 operator 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. (8) 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. (9) 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 11 for a fee, tip, or other consideration. (10) ESTABLISHMENT means and includes any of the following: (a) the opening or commencement of any sexually oriented business as a new business; (b) the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (c) the additions of any sexually oriented business to any other existing sexually oriented business; or (d) the relocation of any sexually oriented business. (11) 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. (12) NUDE MODEL STUDIO means anyplace where a person who appears semi- nude, in a state of nudity, or who displays "specified anatomical areasm 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: 12 (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) where in 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. (13) 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, the showing of the female breast with less than a fully opaque coverning of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. (14) PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity. (15) 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. (16) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: 13 (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. (17) 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. (18) 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. (19) 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; 14 (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) 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 (j) a violation of the provisions of this ordinance. (20) 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; 15 (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. (21) SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25 percent), as the floor areas exist on the date this ordinance takes effect. (22) 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 16 business employee by the City pursuant to this ordinance. (3) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this ordinance. (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 (including fingerprints) 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; 17 (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 principal stockholders, and the name of the registered corporate agent and the address of the registered office 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. 18 (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. 19 (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; (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, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant. (2) A statement detailing the license 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, 20 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 said application for a sexually oriented business employee license, the city shall issue a temporary license to said 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 21 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 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) Within 30 days after receipt of a completed sexually oriented business 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 22 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 of the proposed establishment 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 ' sued pursuant to ction 3. The license issued to the Establishment shall be posted i a conspicuous place a or near the entrance to the sexually oriented business so that they y be easily r at any time. The license issued to the Employee shall be conspicuously displayed 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 23 certification that the premises is in compliance or not in compliance within twenty (20) days of 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 application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual $100.00 non-refundable application, investigation, and license fee. (D) All license applications and fees shall be submitted to the police department 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 a encies to inspect the premises of a sexually oriented business for the purpose fins ing compliance with the law, at any time it is occupied or open for business. 24 (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 ninety (90) 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; (2) refused to allow an inspection of the sexually oriented business premises as authorized by this chapter. 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. 25 (B) 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 has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) a licensee has knowingly allowed prostitution on the premises; (4) a licensee 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 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 is delinquent in payment to the City, County, or State of any taxes or fees. (C) When the City revokes a license, the revocation shall continue for one (1) year, and the licensee 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 ninety (90) 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 26 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 subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again. (C) For purposes of subsection (B) of this section, the terms "rent or "subrent" 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 ROOMS. (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 room 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 27 areas, shall comply with the following requirements: (1) Upon application for a sexually oriented license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. 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 alteration in the configuration or location of a manager's station may be made without the prior approval of the City. (4) It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. (5) The interior of the premises shall be configured in such a manner that there is 28 an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's station. The view required in this subsection must be by direct line of sight from the manager's station. (6) It shall be the duty of the licensee to ensure that the view area specified in subsection (5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this Section. (7) No viewing room may be occupied by more than one person at any time. (8) 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 five (5.0) foot candles as measured at the floor level. (9) 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. (10) No licensee shall allow openings of any kind to exist between viewing rooms or booths. (11) No person shall make or attempt to make an opening of any kind between 29 viewing booths or rooms. (12) The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist. (13) The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting. (14) The licensee shall cause all wall surfaces and ceiling surfaces in viewing 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. (15) The licensee shall maintain all areas open to patron use in a clean manner, free from human waste products, semen, needles and trash. (B) A person having a duty under Subsection (1) through (14) of Subsection (A) above commits a misdemeanor if he 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 30 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. (A) The following shall be unlawful at an establishment lincensed hereunder. (1) For any person to be at an establishment 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 operator 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 an enterprise unless it is done pursuant to this section: specifically, gratuities being offered to any person performing 31 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 operator 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 employee of a premises licensed hereunder to consume any alcoholic beverage on such premises where said employee is on duty, has been on duty within the previous 12 hours or is scheduled to be on duty within the next 12 hours. (8) For any licensed employee to consume any alcoholic beverage on the premises of any premise licensed hereunder where said employee is performing or providing any service, has within the preceding 12 hours performed or provided any service, or is scheduled to perform or provide any service within the next 12 hours. (9) 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. SECTION 17. EMPLOYEE TIME RECORDS. (A) A premises licensed hereunder has the duty to maintain and make available a time record reflecting the times and dates each licensed employee worked at that location. 32 These records shall be available for inspection by the City during the hours of operation of the enterprise. These records shall be retained for at least a period of two (2) years from creation. Upon written request, the licensed premises has a duty to provide a copy of the records to the City within seven (7) days of the request. It shall be a violation of these regulations to falsify these records. SECTION 18. HOURS OF OPERATION. No sexually oriented business, except for an adult motel, 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 19. DISCRIMINATION No sexually oriented business shall prohibit entry to the licensed premises based on race, sex, religion or national origin. SECTION 20. 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 21. EFFECTIVE DATE. This ordinance shall be enforced from and after , 199 . SECTION 22. 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 33 be held to be invalid, sunch invalidty shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are decleared to be severable. SECTION 23. REPEAL. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. SECTION 24. 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 of , 1997. -Mayor- 34