0161-BORDINANCE NO. 161-B
AN ORDINANCZ A~DING ORDINANCE NO. 161 OF THE CITY
OF SOI/~, TEXAS, BY ADDING A NEW PARAGRAPH 5.
"MASSAGE ESTABLISHF~NTS"; C~UtNGING HEADING OF SECRTC~4
VII. TO "SUPP~AL DISTRICT REGULAqTONS AND SPECIAL
USE PERMITS"; BY AEOING A NEW PARAGRAPH 6. "GENERAL
PROVISIONS FOR SPECIAL USE PERMITS"TO SECTION VII.OF
ORDINANCE 161 R]{EREBY ESTABLISHING REGULATIONS GOVERNING
AND Gf~ERAL PRDCEDURES FOR PFOCESSING SPECIAL USE PERMITS;
BY CHANGING DESIONATION OF EXISTING SECTION XI.OF
ORDINANCE 161 TO PARAGRAPHS 1 AND 2 AND ADDING A NEW
PARAGRAPH 3 THERETO "CLASSIFICATION OF NEW AND UNLISTED
USES" 771E~EBY ESTABLISHING PROCEDURE THEREFOR; BY ADD/NG
A NEW DEFINITION OF "pR/VATE CLUBS", "SANITAR~ LAND FILL",
"QUARIrf OR M~NING", "JUNK OR SALVAGE YARD", "AUTOYOBILE
WRECKING YARE~" TO SECTION II. OF ORD/NANCE 161 AND ADDING
ADOITIONAL LAN(TJAGE TO DEFINITION OF "JUNK" IN SECTION II.
THEI~OF; BY ADDING NEW PARAGRAPH h TO PARAGRAPH 1. OF
SECTION VI. OF SAID ORDINANC~ REG3LATING "AG" AGRICUL~3RAL
ZONED LAND INSOFAR AS "QUARRY OR MINING"SPECIAL USE IS
CONCheS!ED; PFOVIDING FOR A P~ALTY FOR VIOLATICN;
PFOVIDING A SEVERABILITY CLAUSE; PFOVIDING FOR ~TIYE
EFFECT; AND PRDVIDING FOR EFFECTIVE DATE AND PUBLICATICN.
~R~RflAS, ~]e City Council deems it necessary, for the purpose of pror~Dting
the health, safety, morals and/or general welfare of the city ho enact an~ndments
to Ordinance 161 of ~]e City; and,
W~ERFJL~, the City Council, after public hearing before tJ%e Planning and
Zoning Con~nission; and, after reviewing the ,mcon~endations of said Board, the
said City Council held public hearings and found that such ordinance should
be amended;
BE IT ORDAE~q~D BY 77{E CITY COUNCIL OF q~ CI7% OF SO~{LAKE,TE~AS:
SECTION 1. Ordin~]ce No. 161 of the City of Southlake, Texas is hereby
a~Anded by including and/or changing the following desi~]ated portions thereof:
a. Adding new paragraph 5. to Section VII.:
"5. Massage Establishment:
Section 1- Definitions
For the purpose of this paragraph 5. the following words and phrases shall
hav~ the meaninqs respectively ascribed to them by this section:
(a). "Chief of Police" means the thief of polioe_ of the City of Southlake,
Texas, or his duly authorized representative.
(b). "City Health] Officer" ~eans the city health officer of the city of
SoutJ%lake, Texas, or ]]is duly authorized representative.
(c). "M~sage" means any process consisting of kneading, rubbing, or
otherwise manipulating the skin of the body of a human being, either with
tJ]e h~d or by nmans of electrical instrlments or apparatus, or other
special apparatus, but shall not include massage by duly licensed
physicians ~d d]iropractors, and registered physicai therapists who
treat only patients reccmT~nded by a licensed physician and who operate
only ~nder sud~ physician's direction, nor m~ssage of the face practiced
by beauty parlors or barbershops duly licensed under the penal code of
tJ~e state.
Secti~] 2- License-Fequired
It shall be unlawful for any person to operate a massage establishment
without first having obtained a lioense therefor from the City
Secretary in accordance with the provisions of this paragraph 5., or
to operate a msssage establishment after such license has bell revoked,
or during a period for which such license has been suspended. Such
license shall be issued only upon the payment of the fee specified in
Section 6 ~]d upon the approval ~% writing of tJ~e City Health Officer
and the Chief of Police and upon the issuance of a certificate of
occupancy from the suitable official. Such license shall expire on
the 31st day of Deo~'Der of each year.
Section 3- License-Display
%he license required by this paragraph 5. shall be posted and kept in
so~ cc~spicuous place in the massage establishment.
Section 4- License-Investigatic~ of Applicant
After an application has been made for issuance of an original license
or a renewal of an existing license to operate a massage establishment
as defined herein, the Chief of Police, as the principal enforcenmnt
officer of this paragraph 5. , shall determine whether the applicant
has been finally cc~victed in any court of theft, fornication, sodor~f,
procuring, pandering, keeping a bawdy house, keeping an assi~ation
house, engaging in prostitution or engaging in assignation, or whether
such establishment ew~loys any person who has been finally convicted
in any court of theft, fornication, sodomy, procuring, pandering, keeping
a bawdy house, keeping an assignation house, engaging in prostitution or
engaging in assignation.
Section 5- License- Applicant to furnish nan~ of employee and other
information
At the time of making application for the license required by this
ordinance the applicant shall furnish to the ~nief of Police the names,
addresses, race, sex, date of birth, and telephone number of ~e applicant,
his spouse ~]d all emplctzees of the massage establishment.
Sec~-ion 6- License-Fee; ref%nd
The a~%ual license fee shall be twenty-five dollars for each such
establisknmnt. If the license is obtained between January first and Jtme
thirtieth of any year, the full amotmt of such fee shall be paid. If such
license is obtained between July first and Deoember thirty-first of any
year, t~e fee shall be one-half of such amount. NO refund of license fees
shall be made.
Sec~i~] 7- License, Nefusal to issue or renew.
The Chief of Police shall refuse to approve issuance or renewal of any
license recruited by this paragraph 5. to any applicant who has been finally
convicted in any court of ~]eft, fornicati(~], sodonl/, procuring, pandering,
keeping a bawdy house, keeping an assignation house, engaging in
prostitution or ~ngaging in assignation, or to any applicant who en~loys
in sud~ establishnent any person who has been finally convicted of theft,
fon]ication, sodomy, procuring, pandering, keeping a bawdy house, keeping
an assiq~ation house, engaging in prostifution or engaging in assignation.
Section 8- License- Revocation, suspension
(a). A license issued pursuant to this paragraph 5. shall be revoked
u~on final conviction in any court of the holder of such license for
th~_~ offense of ~]eft, fornication, sodo~g, procuring, pandering, keeping
a bawdy house, keeping an assignation house, engaging in prostitution
or engaging in assignation.
(b). A license issued pursuant to this paragraph 5. shall be suspended
for a period of not less than thirty (30) days nor rare than ninety (90)
days upcn final conviction in ~ny court of tl%e holder of such license
for the operation of the massage establishment in violation of any
statute of this state, or any provisions of this ordinance, or other
ordinance of the City of Southlake, Texas, other than listed in (a) above.
(c). Any license issued pursuant to this paragraph 5. shall be suspended
for a period of ninety (90) days upon the final conviction in any court
of any employee of such massage establishment for the offense of theft,
f0mication, sodc~y, procuring, pandering, keeping a bawdy house, keeping
an assi~]ation house, engaging in prostitution or engaging in assignation,
or a violation of any provision of this paragraph 5.
d. Written notice of such revocaticn or suspension shall be given by the
Chief of Police to t~%e holder of such license at tb~ holder's last known
business address.
Section 9- License- Appeal from refusal to grant or renew; from decision
to revoke or suspend.
In the event the Chief of Police shall refuse to approve the issu~ce of
~% original license or the renewal of a license to any applicant, or revokes
or suspends the license issued to any license holder under this paragraph 5.,
tt~is acticn shall be final unless the license holder shall, within ten (10)
days after the receipt of written notice of such action, file with the city
secretary a written appeal. Such written appeal shall set forth the specific
grounds therefor. T~e City Co~cil shall, within tbi~y (30) days after
receipt of appeal by City Secretary, grant a hearing thereon to consider
the action, at whirl] hearing the City Council may make such investigatic~
~s it my see fit. The City Council shall have authority to sustain,
reverse, or modify tJ]e action appealed.
Section 10- Hours of operation; living, etc. , qua~-ters therein prohibited.
No ~k3ssage establis~nent shall be kept open for any purpose betwee~ the
hours of 10:00 p.m. and 8:00 a.m., and no such establishment shall be
operated or conducted in coanection either directly or indirectly, with any
place used for living or sleeping quarters.
Section 11- Lnspection of massage establisl~nts; examination of em~ployees.
(a). The City Health officer shall be authorized to make or cause to be
~de inspections to determh]e the condition of any massage establishment in
order to safeguard the health, safety, ~]d welfare of t~e public and to
make examinations ti]rough the licensed physicians of the depart~n~%t as
are necessary to determine whether employees of the massage establishment
are infected with ~]y infectious disease.
(b). If in the c~inion of the City Healtt% officer, or his designated
representative, there if probable cause to enter a massage establishment
for the purpose of ]~aking inspections and examinations pursuant to this
paragraph 5. he shall request the cwner or Occupant thereof to grant
permission for sud~ entry, and if refused he shall make application to a
n~gistrate for a search warrant, showing said magistrate why such search
warrant should be issued for the purpose herein.
Section 12- List of employees.
~ne manager or perscn in d~arge of a massage establishment shall keep
a list of the names and addresses of all employees, both cn duth and
off duty, and such list shall be shown to all proper autberities of
th~ Police and Health departmants upon request.
Section 13- Operation in residential area prohibited.
It shall be unlawful for any msssag~ establisha~nt to be operated in
any section of the city which is zc~ed for residential purposes.
Section 14- sanitary requirements.
(a). It shall be the duty of every person conducting or operating a massage
establishment to k~ep the same at all times in a clean and sanitary
condition. All instrum~nts and mechanical, therapeutic, and bathing devices
or parts thereof, that come into contact with the hmnan body, shall be
sterilized by a modern and approved ~ethed of sterilization before initial
use, and any such instr~n~nts and devices, or parts thereof, after having
bean used upon cne patron, shall be sterilized before being used ~oon another.
All t~wels and linens furnished for use of one patron shall not be
furnished for use of another until thorou~aly laundered.
(b). All masseurs and operators shall wash their hands thoroughly before
adndnistering massage manipulations to each patron acconm~Ddated.
(c) o NO person suffering from a coml~micable disease shall work or be
employed in a massage establisb~rent.
(d). No person shall be accomodated as a patron within a massage
establishment when to the knowledge of the cwner, person in control, or an
employee, such person is sufferJ~]g from a commmnicable disease.
Section 15- Administering massage to person of opposite sex.
It shall be unlawful for any persc~l to administer a massage as defined in
Section 1. to any person of the opposite sex; provided, however,that this
section shall not apply to any physician or chiropractor, nor shall it
apply to ~ly registered t~erapist or registeI~d nurse operating under the
direction of a ~]ysician.
Section 16. The won "Massage" is hereby deleted out of the "S" Service
O~mercial District Provisions under Section VI. , Section 8,
Subsection s."
b. Adding new paragreph 6. to Section VII.:
"6. General Provisions for Special Use Permits:
A. The City Council may, after public hearing and recc~rendation by the
City Ploughing Cc~mission, and after conducting a public hearing as is
reqllired for all anmndments to the zoning ordinance, authorize Special
Use Permits of land by the issuance of a Special Use Permit.
B. A property owner, lessee, developer, or option holder may petition
in writing for such special use permit and file ~]e same with the City
Secretary with an application fee as stipulated by the City Council
to cover the approximate cost of t~%is procedure. A party shall not
initiate action for a special use permit affecting the same land more
often than every twelve months.
C. Unless specifically otherwise proviced in the zoning ordinance
~u~ a~endments thereto, no special use permit shall be allowed in any
a~a of land unless zoned Light Industrial and the City Cotmcil may
limit the tin~ such s~ecial use permit shall exist based on all
circumstances involved but in no event shall the pe~mlt be issued for
any longer tJ]~] a two year period. Extensions thereto shall be applied
for and considered by the Planning Commission and City Council and under
the same pupcedure as an initial a~plication.
D. The desi%~]ation of a use as being possibly eligible for a special use
permit does not constitute an authorization for an assurance that such
use will be permitted, rather each special use permit application shall
be evaluated ~s to its probable effect on the adjacent property and the
ccmmm~ity itself ~,d may be approved or denied as tJ%e findings indicate
appropriate.
Eo In considering and determining its reccr~memdation to the City Cotmcil
relative to any application for a special use permit, the City Planning
Oun~nission requires that the applicant furnish plans and data concerning
the operation, location, function and characteristics of any use of land
or building proposed.
F. The City Planning Co~nission nmy recommend to the City Couscil that
certain safequards and conditions concerning setbacks, ingress and egress,
off-street arrangement and load location or construction of buildings and
uses and operation be required.
G. ~]e City Council may in the interest of the public welfare and to assure
conpliance with tJ~e intent of this ordinance, require such develop~nt
standards and special conditions ~%d safeguards as ~re indicated to be
i~ortant to the w~lfare and protection of adjacent property and the
cc~m~mity as a whole.
H. A site plan setting forth tJ%e conditions specified is required of
the applicant and such plan when accepted shall be made pert of the ~rending
ordinance.
I. A sl~cial use pe~nit approved under the provisions of this ordinance,
shall be considered as an amendment to the zoning ordinance as applicable
to the property involved. Any of the cc~ditions contained in a special
use permit shall not be construed as conditions precedent to the approval
of t~e zoning amendment but shall be considered as conditions precedent to
the granting of a Certificate of Occupancy and Conpliance for the specific
use provided for.
The following uses are considered of a nature which require a special
use ~ermit as well as any other uses whirl% may be so designated in the
future by an~ndment to this ordinance:
(2)
(3)
(4)
(5)
(6)
(7)
Automobile wrecking yards
Junk yards
Garbage and/or trash dumps
Sanitary land fills
Massage parlors
Material excavation operations (sand, gravel, top soil and
general mining)
J. In the event in any other provisions of this ordinance concerning
special use permits there exists specific requirements which conflict
with this paragraph 6.- general requirements, then such specific
r~quJren~nts shall control over the genera/ requiren~nts.
K. TO be entitled to a special use permit, such use shall cc~ply with
all City, (bunty and State rules, ~egulations, oldinances, and/or
statutes, including but not limited to ~qulations of the Texas
Departn~t of Health."
c. (]~anging heading of Section VII. to read: "SUPP~AL DISTRIC~
REGULATIONS AND SPECIAL USE PERMITS"
d. Ntm~ering the ex~sting paragraphs of Section XI. as "1" and "2".
e. 7~ding new paragra~ 3. to Section XI.:
"3. Classification of New and Unlisted Uses:
(a). It is recognized that new types of land may develcp and forms of
land uses not anticipated herein or clearly covered herein may be the
basis of a request for zoning in the city.
(b). In order to provide for such changes and oonhingencies a
determination as to the interpretation of the ordinance as to whether or
not such requested land use is covered or not covered by the existing
ordinance shall be first made by the zoning administrative official
designated by the city to administer the zoning ordinance and unless
sud] person requesting such zoning appeals such decision of such official
to the Zoning Board of Adjustn~nt, tJ~n such decision shall be referred
to the Planning and Zoning Cc~nission who shall proceed with the matter
~nder the u~ual procedures of a requested amandm~nt to zoning and such
Commission shall consider the nature and describe performance of the
proposed use and its cc~patability with the uses permitted in various
zoning districts, and determine in its opinion the zoning district or
districts where such use should be listed, or whether the same should be
a special use pelnnit mather and so n%~ke its findings in writing.
(c). Ihe City Planning and Zoning Co~nission shall transmit its findings
and reco~r~ndations to the City Council as to the classification proposed
for any such new or unlisted use. ~he City Co~cil shall approve the
r~con~endations of tl%e Pla~ling and Zoning Con~ission, or make such other
determination concerning the classification of such use as appropriate,
based on its findings of fact and ~m~nd this ordinance to reflect said
findings and decisions.
f. ~ding the following language to Section II."
"PRIVATE CLUBS- a group of people associated with or formally organized
for a co~on purpose, interest or pleasure, which organization has facilities
including the storage, sale, possession or serving of any alcoholic
begerage permitted by the laws of the State of Texas, and where none of
such facilities are available except to me~oers or their guests."
"SANITAR~ LAND FILL- a site for the acc~nulation of refuse or other
discardable materials which are to be covered over with soil and/or fill
material. ~]is definition shall not be construed as and is separate
from that of a Junk or Salvage Yard."
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