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0399CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 39.~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, ESTABLISHING REGULA- TIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING DEFINITIONS; PROVIDING FOR CLASSIFICATION; PROVIDING FOR THE LICENSING AND REGULATION OF ADULT ARCADES, ADULT BOOKSTORES, ADULT VIDEO STORES, ADULT CABARETS, ADULT MOTELS, ADULT MOTION PICTURE THEATERS, ESCORT AGENCIES, NUDE MODELING STUDIOS A/qD SEXIIAL ENCOUNTER CENTERS; REGULATING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SlIM OF TWO THOUSAND DOLLARS ($2,000.00) FOR THE VIOLATION OF SECTION 14 HEREOF, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINLrES; PROVIDING A PENALTY OF FINE OF FIVE HUNDRED DOLLARS ($500.00) FOR A VIOLATION OF ~ SECTION OF THIS ORDINANCE HEP~EOF OTHER THAN SECTION 14 AND A SEPARATE OFFENSE SHALL BE DEEMED COS~ITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN AMORTIZATION PERIOD; PROVIDING A GRACE PERIOD; PROVIDING FOR AMJENDMENT OF THIS O1LDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES. WHEREAS, with respect to sexually oriented business establishment, the City Council of the City of Southlake, Texas (the "City") makes the following findings: (1) That Article 1175, Section 23, of the Revised Civil Statutes of Texas authorizes home rule cities to license any lawful business, occupation, or calling that is susceptible to the control of the police power; (2) That Article 1175, Section 34, of the Revised Civil Statutes of Texas authorizes home rule cities to enforce all ordinances necessary to protect health, life, and property, ~d to preserve the good government, order and security of such cities and their inhabitants; (3) That sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the City; (4) That sexually oriented used for unlawful sexual activities, sexual liaisons of a casual nature; businesses are frequently including prostitution and (5) That 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 its citizens; (6) That licensing is a legitimate and reasonable means of accountability to ensure that: (i) operators of sexually oriented businesses comply with reasonable regulations (ii) operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; (7) That 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; (8) That police in numerous other jurisdictions have made a substantial number of arrests for sexually related crimes in sexually oriented business establishments; (9) That 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 areas; and WHEREAS, the City Council of the City desires to: (i) minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods, (ii) deter the spread of urban blight, (iii) protect the citizens from increased crime, (iv) preserve the quality of life, and (v) protect the health, safety, and welfare of its citizenry; and WHEREAS, with respect to the licensing of sexually oriented business establishments, the City Council of the City, makes the following findings: (1) That it is in the interest of the public safety and welfare to prohibit persons convicted of certain crimes from engaging in the occupation of operating a sexually oriented business; -2- (2) That the City Council of the City, ~th Article 6252-13c of Vernon's Texas Civil considered the following criteria: in accordance Statutes, has (a) the nature and seriousness of the crimes; (b) the relationship of the crimes to the purposes for requiring a license to engage in the occupation; (c) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and (d) the relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and has determined that the crimes listed in Section 6(a)(10)(A) of this Ordinance are serious crimes which are directly related to the duties and responsibilities of the occupation of operating a sexually oriented business. The City Council of the City has further determined that the very nature of the occupation of operating a sexually oriented business brings a person into constant contact with persons interested in sexually oriented materials and activities thereby giving the person repeated opportunities to commit offenses against public order and decency or crimes against the public health, safety, or morals should the person be so inclined. Thus, it is the opinion of the City Council of the City that the listed crimes render a person unable, incompetent, and unfit to perform the duties and responsibilities accompanying the operation of a sexually oriented business in a manner that would promote the public safety and trust of the City; (3) That the City Council of the City has determined that no person who has been convicted of a crime listed in Section 6(a)(10)(A), as set forth in this ordinance, is presently fit to operate a sexually oriented business until the respective time periods designated in Section 6(a)(10)(B) have expired. (4) That it is the intent of the City Council of the City to disqualify a person from being issued a sexually oriented business license by the City of Southlake if the person has been convicted within the designated time period of any of the crimes listed in Section 6(a)(10)(A), of this ordinance; -3- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. INCORPORATION OF THE PREMISES. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. SECTION 2. SEkq3ALLY ORIENTED BUSINESSES - PURPOSE AND INTENT OF ORDINANCE. (a) 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 continued 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 neither the intent nor the 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. (b) It is the intent of the City Council that the locational regulations contained in Section 14 of this Ordinance are promulgated pursuant to Article 2372w, Revised Civil Statutes of Texas, as they apply to nude model studios and sexual encounter centers only. It is the intent of the City Council that all other provisions of this Ordinance are promulgated pursuant to City of Southlake City Charter and Article 1175, Revised Civil Statutes of Texas. SECTION 3. DEFINITIONS. For purposes of this Ordinance, the following terms shall have the respective meanings ascribed to them: ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion p~cture machines, projectors, or other image- producing devices are maintained to show images to five (5) 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. -4- ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes openly advertises or displays or 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 depict or describe specified sexual activities or specified anatomical areas; or (b) instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities. ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features: (a) persons who appear in a state of nudity or seminudity; or (b) live performances which are by the exposure of specified anatomical specified sexual activities; or characterized areas or by (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which awe characterized by the depiction or description of specified sexual activities or specified anatomical areas. ADULT MOTEL. A hotel, motel or similar commercial establishment which: (a) offers accommodations to the public for any form of consideration and (i) 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 (ii) has a sign visible from the public right of way which advertises the availability of this type of photographic reproductions; or (b) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or (c) allows a tenant room to subrent the room for less than ten (10) hours. or occupant of a sleeping a period of time that is ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or ~similar photographic reproductions -5- ~e regularly shown which are characterized by the depiction or ~lescription of specified sexual activities or specified anatomical areas. ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities. APPLICANT. Includes an individual natural person and, as of the date of an application, each member of a partnership or association and, with respect to a corporation, each officer and each owner of twenty percent (20%) or more of stock of such corporation, which intends to establish or operate a sexually oriented business. CHIEF OF POLICE. The Chief of Police of the City of Southlake or his designated agent. ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escor%s as one of its primary business purposes, for a fee, tip, or other consideration. ESTABLISHMENT. Any of the following: (a) the opening or commencement oriented business as a new business; (b) the conversion whether or not a sexually sexually oriented business; (c) the addition business to any other business; or of any sexually of an existing business, oriented business, to any of any sexually oriented existing sexually oriented the relocation of any (d) business. LICENSEE. An applicant who has been operate a sexually oriented business. NUDE MODEL STUDIO. Any place where in a state of nudity or seminudity or sexually oriented issued a license to a person who appears displays specified -6- anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. NTJDITY or a STATE OF NUDITY. (a) the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or (b) a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast. PERSON. A natural person or individual. SCHOOL. Any public or private nursery, preschool, day care center, learning center, elementary or secondary school. SEMINUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices. SEXX3AL ENCOUNTER CENTER. A business or enterprise that, as one of its primary business offers for any form of consideration: commercial purposes, (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 seminudity. SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. SPECIFIED ANATOMICAL AREAS. sexual arousal. Human genitals in a state of SPECIFIED SEXUAL ACTIVITIES. Any of the following: human breasts; or (a) the fondling or other erotic touching of genitals, pubic region, buttocks, anus, or female (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or -7- (c) masturbation, actual or simulated; or (d) excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above. SUBSTANTIAL ENLARGEMENT. With respect to a sexually oriented business, means the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists on the effective date of this ordinance. TRANSFER OF OWNERSHIP OR CONTROL. With respect to a sexually oriented business, means and includes any of the following: (a) bus,ness; the sale, lease, or sublease of the (b) the transfer of securities or other ownership interest which constitute a direct, indirect, legal, equitable or beneficial 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 direct, indirect, legal, equitable or beneficial ownership 6r 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 to a person meeting all of the requirements of Section 6 hereof, who shall have notified the Chief of Police of the transfer and furnished all of the information required to be submitted in an application for a license, within 60 days of the transfer. SECTION 4. CLASSIFICATION. Sexually oriented business is defined and classified as any commercial establishment operating in the City, in whole or in part, as any one or more of the following: (1) adult arcade; (2) adult bookstore or adult video store; (3) adult cabaret; (4) (5) adult motel; adult motion picture theater; -8- (6) (7) (8) (9) adult theater; escort agency; nude model studio; and sexual encounter center. SECTION 5. LICENSE REQUIRED. (a) A person commits an offense if the person operates a sexually oriented business without a valid license, issued by the City for the particular type of business. (b) (1) Each individual desiring to operate a sexually oriented business must sign an application as applicant. If a sexually oriented business is to be operated by an association, partnership, corporation or other legal entity, each person who is a member or an officer or who owns or controls a twenty percent (20%) or greater interest (including corporate stock) in such entity must sign an application as applicant and be qualified pursuant to this Ordinance. (2) Each person who is a member or an officer or who owns or controls twenty percent (20%) or greater inteJest (including corporate stock) of an association, partnership, corporation or other legal entity which owns or controls twenty percent (20%) or greater interest (including corporate stock) of an association, partnership, corporation or other legal entity which operates a sexually oriented business shall sign an application as applicant and must be qualified hereunder. (c) An application for a license must be made on a form provided by the Chief of Police. The application form shall be sworn to by the applicant and shall: (i) include the name and residence and business addresses of the applicant; (ii) state whether or not the applicant meets each of the requirements set forth in Section 6 of this Ordinance; (iii) include the address of the premises which the applicant intends to operate as a sexually oriented business; (iv) state the present ownership interest of such applicant in the sexually oriented business; (v) include the name and residence and business addresses of each person and each entity (association, partnership or corporation), ~f any, which owns or controls an interest in the sexually oriented business with respect to which such application applies and the names of any entities (associations, partnerships or corporations) owned or controlled by the applicant and the names and residence and business addresses of any person who is a member or officer or holder of twenty percent (20%) or more corporate stock in such entity or entities; and (vi) include information with respect to such other matters, consistent with this Ordinance, as may be specified in the application form. (d) The application must be accompanied by 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 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. Applicants who must comply with Section 20 of this Article shall submit a diagram meeting the requirements of Section 20. (e) An applicant shall have a present ownership interest in the sexually oriented business with respect to which the applicant makes application for license. A separate application shall be required for each address, place, premises or location which the applicant operates as a sexually oriented business and a license issued to a person is valid only with respect to the sexually oriented business and at the exact address, place, premises or location listed in the application for such license. (f) The applicant must be qualified according to the provisions of this Ordinance and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. The applicant shall comply with all applicable city, county, state and federal laws. (g) An applicant operating a sexually oriented business under an assumed name shall attach to the application a certificate of assumed name issued by the County Clerk of the County in which the sexually oriented business is to be operated showing that the applicant has complied with the assumed name laws of the State of Texas. The assumed name certificate shall be prepared on a form prescribed by the Chief of Police. No license shall be issued or renewed when the applicant is operating under an assumed name or any name other than the real name or names of the individual or individuals operating or intending to operate a sexually oriented business until such certificate, duly signed by such County Clerk, or his deputy, is provided in compliance herewith. SECTION 6. ISSUANCE OF LICENSE. (a) The chief of Police shall approve the issuance of a license to an applicant, or to the transferee as applicant upon the transfer of o~]ership or control by an applicant or -10- licensee of all or any part of such applicant's or licensee's ownership or control of a sexually oriented business, within thirty (30) days after receipt of an application unless the chief of Police finds one or more of the following to be true: (1) An applicant is under eighteen (18) years of age. (2) An applicant or an applicant's spouse is overdue in their payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon them in relation to a sexually oriented business. (3) An 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. (4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this Ordinance, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. (5) .An applicant is residing with a person who has been denied a license by the City to operate 'a sexually oriented business within the preceding twelve (12) months, or is residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months. (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 has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated that he or she is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating ~ct~on by l~w enforcement officers. (9) An applicant or the proposed establishment is in violation of or is not in compliance with Sections 8, 13, 14, 16, 17, 18, 19 or 21 of this Ordinance. -1]- (10) An applicant or an been convicted of a crime: (A) involving: (i) any of as described Penal Code: (aa) (bb) (cc) (dd) (ee) (ff) (gg) (hh) (ii) any described in Code: (aa) (bb) applicant's spouse has the following offenses in Chapter 43 of the Texas prostitution; promotion of prostitution; aggravated promotion prostitution; compelling prostitution; obscenity; of sexual child; possession of pornography; of the Chapter sale, distribution, or display of harmful material to minor; performance by a child following offenses as 21 of the Texas Penal public lewdness; indecent exposure; (cc) indecency with a child; (iii) sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; (iv) incest, solicitation of a child, or harboring a runaway child as described i~ Chapter 25 of the Texas Penal Code; (v) criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; and -12- (B) for which: (i) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (iii) less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period. (b) The fact that a conviction have no effect on the disqualification applicant's spouse. is being appealed shall of the applicant or the (c) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. SECTION 7. FEES. Each application for a license or a license renewal shall be accompanied by a cashier's check or money order, payable to the City of Southlake, in the amount of $500. Such fee shall be nonrefundable. SECTION 8. INSPECTION. (a) At any time it is occupied or open for business, an appl{cant or lieense~ shall permit representatives of the police department, health department, fire department and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law. -13- (b) A person (i) who operates a sexually oriented business, or (ii) whose agent or employee operates the same, commits an offense if the person or the person's agent or employee refuses to permit a lawful inspection of the premises by a representative of the above described departments at any time it is occupied or open for business. (c) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. SECTION 9. EXPIRATION AN]D RENEWAL OF LICENSE. (a) Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 5. Application for renewal should 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 Chief of Police denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the Chief of Police 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 10 SUSPENSION. The Chief of Police shall suspend a license for a period of not to exceed thirty (30) days if the Chief of Police determines that a licensee or an agent or an employee of a licensee has: (a) violated or is not in compliance with Sections 8, 13, 14, 16, 17, 18, 19, 20 or 21 of this Ordinance; (b) engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; (c) refused to allow an inspection of the sexually oriented business premises as authorized by this Ordinance; (d) knowingly permitted gambling by any person on the sexually oriented business premises; (e) demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers; (f) failed to notify the Chief of Po]ice of a conveyance or transfer of ownership or control of the sexually -14- ~riented business within ten (10) days of such conveyance or i~ansfer in accordance with Section 13(c) hereof. SECTION 11. REVOCATION. (a) The Chief of Police shall revoke a license if a cause of suspension in Section 10 occurs and the license has been suspended within the preceding twelve (12) months. (b) The Chief of Police shall revoke a license if the Chief of Police determines that: (1) a licensee gave false or information in the material submitted to the Chief during the application process; misleading of Police (2) a licensee or an agent or an employee of a licensee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) a licensee or an agent or an employee of the licensee has knowingly allowed prostitution on the premises; (4) a licensee or an agent or an employee of the licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended; (5) a licensee has been convicted of an offense listed in Section 6(a)(10)(A) for which the time period required in Section 6(a)(10)(B) has not elapsed; (6) on two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 6(a)(10)(A), for which a conviction has been obtained, and the person or persons convicted of such crime were agents or employees of the licensee at the time the offenses were committed; (7) except as provided in Subsection (d) of this Section 11, a licensee or an agent or an employee of a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. Th~ t~rm "sexual contact" shall have the same meaning as it is defined in Section 21.01 Texas Penal Code; (8) a licensee is delinquent in payment to the City for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business; or (9) a receiver, successor in interest or a transferee of an ownership interest in the sexually oriented business failed to notify the Chief of Police of such change in accordance with Section 13(c) hereof. (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection (b)(7) of this Section 11 does not apply to adult motels as a ground for revoking the license unless the licensee or an agent or an employee of the licensee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. (e) When the Chief of Police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a license to operate a sexually oriented business in accordance with Sec. 14-111(c) hereof, for one (1) year from the date revocation became effective. If, subsequent to revocation, the Chief of Police finds that th~ 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. An individual whose license was revoked under Section ll(b)(5) may not be granted another license until the appropriate number of yea~s required under Section 6(a)(10)(B) has elapsed since the termination of any sentence, parole, or probation. SECTION 12. APPEAL. If the Chief of Police denies the issuance of a license, or suspends or revokes a license, the Chief of Police shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of such action and notice of the right to an appeal. The aggrieved party may appeal the decision of the Chief of Police to the City Council by filing an appeal with the city secretary within ten (10) days of the receipt of the notice of such denial, suspension or revocation. The filing of an appeal stays the action of the Chief of Police in suspending or revoking a license and the City Council shall make a final decision with respect to such denial, suspension or revocation. If within a ten (10) day period the Chief of Police suspends, revokes or denies issuance of any other license of an individual operating a sexually oriented business at the same location, then the City Council may consolidate the request for appeals, if any, of those actions into one (1) appeal. -16- SECTION 13. TRANSFER OF LICENSE. (a) A licensee, including any applicant for a license, shall not transfer his or her license or all or any part of his or her ownership or control of a sexually oriented business 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 and stated on the face of the license. (b) On the death of a licensee, or upon bankruptcy, receivership or partnership dissolution with respect to a sexually oriented business, the receiver or successor in interest to a license may apply to the county judge for certification that such person is the receiver or successor in interest to such license. On certification and upon the furnishing of such information as the Chief of Police may require, unless good cause for refusal is shown, the Chief of Police shall grant permission, by letter or otherwise, for the receiver or successor in interest to operate the sexually oriented business during the unexpired portion of the license. Such a license shall not be renewed but the receiver or successor in interest may apply for an original license in accordance with the requirements of this Ordinance. A receiver or successor in interest operating a sexually oriented business for the unexpired portion of the license shall be subject ko the requirements of this Ordinance in the same manner as if such receiver or successor in interest had been issued the original license. (c) Each person becoming a receiver, successor in interest or transferee of an ownership or controlling interest in a sexually oriented business shall notify the Chief of Police of such change in ownership or control within ten (10) days of the effective date of such transfer. Failure to notify the Chief of Police shall be grounds for suspension or revocation of the license. SECTION 14. LOCATION OF SEXIIALLY ORIENTED BUSINESSES. (a) A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of: (1) a church; (2) a school; (3) a boundary of a residential district as defined in the Comprehensive Zoning Ordinance, as amended, of the City of Southlake; (4) a public park; or (5) the property line residential use. of a lot devoted to (b) A person commits an offense if the person causes or permits the operation, establishment, substantial enlarge- ment, or transfer of ownership or control of a sexually oriented business located within five hundred (500) feet of another sexually oriented business. (c) A person commits an offense if the person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. (d) For the purposes of Section 14(a) above, measure- ment shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park, residential district, or residential lot. (e) For purposes of Section 14(b) above, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (f) Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of Sections 14 (a), (b), or (c) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within five hundred (500) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. (g) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually -18- oriented business license, of a church, school, public park, residential district, or residential lot within one thousand (1000) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked. (h) A sexually oriented business established on or after the effective date of this ordinance shall be located only within the districts so permitted by and shall conform in all respects with the requirements of the Comprehensive Zoning Ordinance of the city as such Comprehensive Zoning ordinance may, from time to time, be amended. SECTION 15. EXEMPTION FROM LOCATION RESTRICTIONS. (a) If the Chief of Police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 14 of this Ordinance, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions of Section 14(a) through (g). (b) If the written request is filed with the City Secretary within the ten (10) day-limit, the City Council shall consider the request. The city secretary shall set a date for the hearing within sixty (60) days from the date the written request is received. (c) A hearing by the City Council may proceed if a quorum is present. The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. (d) The City Council may, in its discretion, grant an exemption from the locational restrictions of Section 14(a) through (g) hereof provided that it makes the following findings: (1) That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; (2) That the granting of the exemption will not viol~t~ th~ spirit and intent of this Ordinance; (3) That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight; -19- (4) That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will interfere with any efforts of urban renewal or restoration; and (5) That all other applicable provisions of this Ordinance will be observed. (e) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council shall be final. (f) If the City Council grants the exemption, the exemption shall be valid for one (1) year from the date of the City Council's action. Upon the expiration of an exemption, the sexually oriented business shall be in violation of the locational restrictions of Section 14(a) through (g) until the applicant applies for and receives another exemption. (g) If the City Council denies the exemption, the applicant may not re-apply for an exemption until at least twelve (12) months have elapsed since the date of the governing body's action. (h) The grant of an exemption does not exempt the applicant from any other provisions of this Article other than the locational restrictions of Section 14(a) through (g). SECTION 16. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES. (a) An escort agency shall not employ any person under the age of eighteen (18) years. (b) A person commits an offense if said person acts as an escort or agrees to act as an escort for any person under the age of 18 Years. SECTION 17. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS. (a) A nude model studio shall not employ any person under the age of eighteen (18) years. (b) A person under the age of eighteen (18) years commits an offense if said person appears in a state of nudity or seminudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if said person appears in a state of nudity or seminudity or knowingly allows another to appear in a state of nudity or seminudity 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 ~ sofa may be placed in a reception room open to the public. SECTION 18. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION PICTURE THEATERS. (a) A person commits an offense if said person knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity or seminudity in or on the premises of an adult theater or adult motion picture theater. (b) A person under the age of eighteen (18) years commits an offense if said person knowingly appears in a state of nudity or seminudity in or on the premises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under Subsections (a) and (b) of this Sec. 14-116 if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. SECTION 19. ADDITIONAL REGULATIONS FOR ADULT MOTELS. (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) 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 an offense 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 business license, said person 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 Section 19(b) above, the terms "rent" or "subrent" shall mean the act of permitting a room to be occupied for any form of consideration. SECTION 20. REGULATIONS PERTAINING TO SEXUALLY EXPLICIT FILMS OR VIDEOS. EXHIBITION OF (a) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which -21- ,~hibits on the premises in a viewing room of less than one ~ndred fifty (150) square feet of floor space, a film, video ~ssette, or other video reproduction which depicts specified ~xual activities or specified anatomical areas, shall comply the following requirements: (1) The application for a license to operate a sexually oriented business 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 Chief of Police 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 Chief of Police or his or her designee. (4) It is the duty of the licensee to ensure that at least one (1) agent or 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 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 (2) 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 -22- any purpose from at least one (1) of the manager's stations. 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, and it shall also be the duty of any agents and employees present in the premises to ensure that: (a) the view area specified in Sub- section (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises, and (b) 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) 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 one (1.0) footcandle as measured at the floor level. (8) It shall be the duty of the licensee and {t shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises. (b) A person having a duty under Subsections (1) through (8) of Subsection (a) above commits an offense if said person knowingly fails to fulfill that duty. SECTION 21. DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS. (a) A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, said person displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: (1) human sexual intercourse, masturbation, or sodomy; (2) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; -23- (3) less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or (4) human male genitals in a discernibly turgid starer whether covered or uncovered. (b) In this section "display" means to locate an item such a manner that, without obtaining assistance from an ©r~ployee of the business establishment: (1) it is available to the general public for handling and inspection; or (2) the cover, outside packaging, or contents of the item is visible to members of the general public. SECTION 22. ENFORCEMENT. (a) Except as provided by Subsection (b), any person violating a provision of this Ordinance other than Section 14, upon conviction, is punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of Section 5(a) or 14 of this Ordinance is punishable as a Class B misdemeanor. (c) Except as provided by Section 22(b) above, any person violating a provision of this Article other than Section 14, upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. (d) It is a defense to prosecution under Sections 5(a), 14, or 17(d) that a person appearing in a state of nudity did so in a modeling class operated: (1) by a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation; (2) by a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or -24- (3) in a structure: (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and (B) where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and (C) where no more than one (1) nude or seminude model is on the premises at any one time. (e) It is a defense to prosecution under Section 5(a) or Section 14 hereof that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. SECTION 23. INJUNCTIVE RELIEF. A person who operates or causes to be operated a sexually oriented business without a valid license or in violation 9f Section 14 of this Ordinance is subject to a suit for injunction as well as prosecution for criminal violations. SECTION 24. GRACE PERIOD FOR COMPLIANCE. That all persons required by this Ordinance to obtain a sexually oriented business license because said business is in existence on the date of or prior to the effective date of this Ordinance, are hereby granted a grace period, which shall be for a period of ninety (90) days from the effective date of the Ordinance. SECTION 25. REPEAL OF INCONSISTENT ORDINANCES. That all ordinances or parts of ordinances inconsistent or in conflict with the provisions of this Ordinance are hereby expressly repealed to the extent of the inconsistency or conflict. SECTION 26. SEVERABILITY CLAUSE. That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions -25- o~ this Ordinance; and the City Council of the City hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 27. AMENDMENT OF THIS ORDINANCE. Sections 14 and 15 of this Ordinance may be amended only afCer compliance with the procedure required to amend a zoning ordinance. Other sections of this Ordinance may be amended by vote of the City Council. PASSED AND APPROVED ON FIRST READING the / Y day 1987. ~ PASSED AND APPROVED Of /~ ~3~~ · 1987. ATTEST: ~d~//_~ / ~y Secrenary, Cit~ ~ Southlake, Texas ON Ma ~r, [SEAL] APPROVED AS TO FORM: City Attorney, City of --~ Southlake, Texas -26- THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DEcember 4 , 1987 NOTICE OFP LIC HEAR INte NOTICE Is hereby given to all nterested Oe r sons that the Clty am & pm Council oftheCllyofSouthlake,I Texas,hearingg willon beDecember holding a15,pu1987blle1 , toconsider the second readings I of the fol lowing ordinances.The nearing will be held during the regular city council meeting to be gin CounP.M.cilhambers of City Hall,667 North Carroll Av. enue. it ORDINANCE NO.399 /1/4.-- Signed AN TY OCOUNCIL OFOTHE CITTHE Y OF SOUTHLAKE TEXAS, 7 Subscribed and sworn to before me, this the 4t TIONS OR SIEXUALELULA- Y oR I-'e r 1987 ENTED BUSINESSES;PRO- VIDING DEFINITIONS; Notary Public A 1 L( PROVIDING FOR CLASSIFI- -t'„'�� CATIONS PROVIDING FOR THE LICENSING AND REG- 1ULATION OF ADULT AR Texas.(ADE�BOOK STORES, ADULT VIDEO Debra Morr STORES, ADULT CABA- RETS ADULT MOTELS m ADULT MOTION PICTURE y COmm1 SS CI�ES,TNUSDESMODELING 23-91 �. -- _ STUDIOS AND SEXUAL EN- COUNTER CENTERS RE- GULATING THE DISPLAY MATERIALS TO EXPLICIT OF La"" FINENOTTOEXCEEDTNHE Uctical SUM OF TWO THOUSAND sedlon DOLLA (82,000.00) FOR Aperson T VIOLATION OF SEC- estobe HE RS TION 14 HEREOF AND A entedbu SEPARATE OFFENSE licenses SHALL BE DEEMED COM- a suitof is a suit tot INIG OR ON WHICAY DUR- CH AN OF- prosecut FENSE OCCURS OR tions. CONTINUES;PROVIDING A Section PENALTY OF FINE OF FIVE Compile Thhatat all HUNDRED DOLLARS thlsOrdrd (S500.00) FA NY SECTIOR A N OF THISION ally uS ORDINANCE HEREOF to ce fences; AND A SEPARATE OF- the effe OF- FENSE SHALL BE DEEMED Hance, COMMITTED EACH DAY grace DURINGOR ON WHICH AVI- fromth perk OLATION OCCURS OR CON- dlnanc TINUES• PROVIDING FOR —dinancE INJUNCTIVE RELIEF;PRO- Section VIDINGFORANAMORTIZA- entOrc TION PERIOD;PROVIDING That al AGRACE PERIOD;PROVID- ordinar ING FOR AMENDMENT OF this conflict THISORDINANCE;PROVID- nressi ING A SEVERABILITY pressly CLAUSE; PROVIDING FOR the Inc THE REPEAL OF INCON- Sectlo SISTENT ORDINANCES. II That i Section 22.ENFORCEMENT para9rl phrase)se Except b1 as y p provided by Sub- nance 3 sedlon(b) any person vlolat-11 annce Inn a p other ons of 1hls Ordl- heldln,nance than Section 14,I by a o upon convIction Is punishable diction by a fine not to exceed Two affectt Thousand Dollars (S2,000.00) IZ ing poi for each offense and a separate and trio offense shall be deemed com-, hereby miffed upon each day during or �«acon which a violation occurs. (b) If the sexually oriented I model studio or sss exual encou Is a n- ter center,then violation of Sec- IstIspunlshable as or 14ofa Clis OassB rd an demeanor. (c)Except as provided by Sec- tion 22(b)above any person vI- his Arti- cleting a other p than iSection sion of t14,upon conviction Is punishable by a finenot toexceed Flve Hundred Dollars ($500.00) for each of- , __ __ - .,... ..to nffanse censed by the State of Texas;a Fort Worth Star-Telegram college,junior college, uni- versity supported entirely or partly by taxation; (2)by a private college cr uni- ch 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED I.D. NO.22-2573foperatesversityw hi educamtiaionalntain s proand- grams In which credits are TOTAL DATE I DESCRIPTION transferrable to a college,lun- I I RATE I AMOUNT for college,or university sup- INCH/LINE portedentirelyor partlybvtax- NOV 20 6048464 Nov • 20 AM & PM CL • 0 (3)Inarstructure: 204 2 • 29 467 • 16 (A) which has no sign visible from the exterior of the strut S struc- ture and not otheradvertising that indicatessna nudedeor sem- inude 0 1 AFFIDAVITS 8 • 0 0 (nude person Is avalla3le for viewing;and, (B)where Is order to partici- pate In a class a student must 4 7 5 • 16 enroll at least three(3)days In advance of the class;and nude or semre no inude ore modelnIs(on the premises at any one time. (e)It is a defensetoprosecution under Section 5(a)or Section 14 hereof that each Item of des- criptive,printed,film,or video '.. material offered for sale or • rental,taken as a whole con- tains serious literary,artistic, political or scientific value. Section 23.Injunctive Relief A person who operates or caus- es tobeoperated a sexually orl- a valid liicenseorlIntviolationo Section 14of this Ordinance issuwell as **********�c********** pshe utionlforcionaswvi prosecution for criminal viola- * Secti on .- V Section 24. Grace Period for V * FOR BILLING I N Q U I R I Compliance That allrequired by this Ordinance toobtain a sexu- * ally oriented business license because saidbusiness is inexis- * 390-7501 tence on the date of or prior to the effective date of this Ordi- * �,( nance, areo ,w is granted a }i� arperlodrlof ninety (90) days 1(vAI/�/ h shall befor ********************* from theeffectivedateoftheor- ' NOTICE OF PUBLIC dlnance. • HEARING Section 25.Repeal of Inconslst- NOTICE Is hereby given to all enf Ordinances Interested persons that the City That all ordinances)r parts of Council of the Cityof Southiake, ordinances Inconsistent or In Texas,will be holding a public conflict with the provisions of _ hearing at the Regular City this Ordinance are Hereby ex- Council Meeting to be held on presslyrepealedtotneextentof - December 1, 1987, In the City the Inconsistency or conflict. Council Chambers of City Hall, Section26.SeverabiiltyClause 667 North Carroll Avenue, That if any section, article, Southiake Texas. paragraph, sentence clause, Purposeofthehearingistocon- phrase,or word In this Ordi- sider Ordinance No. 399 2nd nance or application thereof to w reading as further described: any person orcircunstancesis ORDINANCE NO.399 held invalid or unconstitutional AN ORDINANCE OF THE Cl- by a Court of competent luris- 4/0 TY COUNCIL OF THE CITY diction such holding shall not OF SOUTHLAK E TEXAS, affectthevallditvoftheremaln- ESTABLISHING REGULA- ing portions of this ordinance; TIONS FOR SEXUALLY OR I- and the City Council of the City ENTED BUSINESSES;PRO- hereby declares It would have VIDING DEFINITIONS; passed such remaining por- PROVIDING FOR CLASSIFI- tions of this ordinance despite CATION; PROVIDING FOR such Invalidity,which remain- THE LICENSING AND REG- Ingportionsshall remain in full ULATION OF ADULT AR• force and effect. LADES ADULT BOOK- Section 27.Amendment of this STORES, ADULT VIDEO Ordinance CURRENT STATEMENT PERIOD ACCOUNT NUMBER STOR ES, ADULT CABA- Sections 14 and 15 of this Ordi- R ETS ADULT MOTELS nancemaybeamendedonlvaf- 11/20 — 11/20 CIT57 O N RECPT ADULT MOTION PICTURE ter compliance with the proce- THEATERS ESCORTAGEN- dure required to amend a CIES, NUDE MODELING zoning ordinance. Other sec- STUDIOS AND SEXUAL EN- tions of the Ordinance may be - •- IF YOU HAVE QUESTIONS REGARDING YOL COUNTER CENTERS RE- amended by vote of the City .ERVICE DEPARTMENT AT(817)390-7761.TO ASSIST GULATING THE DISPLAY Council. US IN AN ACCURATE AND TIMELY POSTIN(OF SEXUALLY EXPLICIT City of SouthlakQNTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. MATERIALS TO MINORS; s/Sandra L.LeGrand �� TEAR ALONG THI. ERNE NOT OEXCEEDTHOE- nE pvivv nrrv..TION WITH YOUR PAYMENT -----f. SUM OF TWO THOUSAND DOLLARS($2,000) FOR THE VIOLATION OF SECTION 14 R OF AND A SE PA- RATE SHALL F BE DEEMED COMMITTED ADVERTISING STATEMENT FortWorthEACH DAY DURING OR ON WHICH AN OFFENSE OC- �� I APENALTY CONTINUES;PRO- 1 REMIT TO: , P O. BOX 99074• r VIDING A PENALTY OF FORT WORT'- y``' 76199 1 FINE OF FIVE HUNDRED FOR AVI- • OLLDOAT ON OF ANY SECTION ACCOUNT C I T S 7 PAYMENT ON RE C P T OF THIS ORDINANCE NUMBER DUE DATE HER EOFOTHER THAN SEC- TION 14 AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OC- CURS OR CONTINUES;PRO- VIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN AMORTIZATION PERI- OD; PROVIDING A GRACE PERIOD; PROVIDING FOR AMENDMENT OF THIS OR- DINANCE; PROVIDING A SEVERABILITY CLAUSE; IIP PROVIDING FOR THE REPEAL OFINCONSISTENT ORCITY OF SOUTHL Secttiion22.Enforcement(a ORIGINAL 667 N CARR0LL section(b),Except nyperonviolrovIdIngby t- (b),any person vlolat- 475 . 16 ` Ing a provision of this Ordi- PLEASE PAY S O U T H L A K E nance other than Section 14, , upon conviction,is punishable 0 THIS AMOUNT ATTN : SANDRA by a fine not to exceed Two Thousand Dollars ($2,000)for each offense and a separate of- fense shall be deemed commit- ted upon each day during or on which a violation occurs. (b) If the sexually oriented PLEASE WRITE IN AMOUNT ENCLOSED business Involved Is a nude model studio or sexual encoun- ter center,then violation of Sec-1 tort Worth �tar=1elegram imam 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE I DESCRIPTION I AD SIZE I TOTAL INCH/LINE I RATE I AMOUNT DEC 04 6054238 Dec • 4 AM & PM CL • 008 1X187L 187 2 . 29 428 . 23 01 AFFIDAVITS 8 . 00 NOTICE OF PUBLIC STORES, ADULT VIDEO , HEARING STORES, ADULT CABA- I NOTICE Is hereby t 'PETS, ADULT MOTELS Interested persons thatgiven theCltyoall 1 ADULT MOTION PICTURE 436 . 23 Council of the will ityholofS a lake,ublic'•, THEATERS,hearingESCORT AGE N- on December l'_,1987,1 STUD SN AND MODELING, STUDIOS SEXUAL EN- toconslderthesecondreadings COUNTER CENTERS RE-I of lhefollowingordlnances.The GULATING THE DISPLAY hearing will be held during the OF SEXUALLY EXPLICIT regular city council meeting to! MATERIALS TO MINORS begin at 7:30 P.M.and held In PROVIDINGAPENALTYOI the City Council Chambers of FINE NOT TO EXCEED THE City Hai1,667 North Carroll Av- SUM OF TWO THOUSAND enue. DOLLARS (52,000.00) FOR ORDINANCE NO.399 THE VIOLATION OF SEC- AN ORDINANCE OF THE CI- i TION 14 HEREOF AND A TY COUNCIL OF THE CITY SEPARATE OFFENSE OF SH SOUING THLAKE,_ SHALL BE DEEMED COM- TIONS FOR SEXUALLY ORI- INGMIT OR EACH DAY DUR- ING OR ON WHICH AN OF- ENTED BUSINESSES;PRO- FENSE OCCURS OR VIDING DEFINITIONS; .CONTINUES-PROVIDINGA PROVIDING FOR CLASSIFI- * PENALTY OF FINE OF FIVE*** CATIONS;PROVIDING FOR - HUNDRED DOLLARS THE LICENSING AND REG- (4500.00) FOR A VIOLATION * ULATION OF ADULT AR- OF ANY SECTION OF THIS CADES, ADULT BOOK- ORDINANCE HEREOF — r vrs ti1LL1NC, . OTHER THAN SECTION 14 * AND A SEPARATE OF- * FENSE SHALL BE DEEMED' COMMITTED EACH DAY * 3 9 O— OLAT ONOOCCURS OR ON- * NNUNC`TIVERELLIEF;PRO- ************** VIDING FOR ANAMORTIZA-*** TIONPERIOD;PROVIDING AGRACE PERIOD;PERIOD;PROVID- el •f�y?R��- ING FOR AMENDMENT OF Fd' )r-..e( / iM ar-" THISORDINANCE;PROVID- s,, ,,, „; 11 ING A SEVERABILITY CLAUSE- PROVIDING FOR 0a THE REPEAL OF INCON- SISTENTORDINANCES. DEC a7 ., f�0/ s/ sr I Section 22.ENFORCEMENT {5 (e)Except b)aaproeI violet- Mg / section(b)as provided person vlSub- Ing a provisions of this Ordi- nance other than Section 14, L,.''s C1 �^i, upon conviction Is punishable �1 1 it ,- �r by a fine not to exceed Two Thousand Dollars (52,000.00) CITY SECRETARY 11 i for each offense and a separate offense shall be deemed com- I miffed upon each day during or on which a violation occurs. (b) If the sexually oriented °I.4\. business Involved Is a nude model studio or sexual encoun- ter center,then violation of Sec- tion 5(a)or 14of this Ordinance Is punishable as a Class B mis- demeanor. (c)Except as provided by Sec- CURRENT tion22(b)above anypersonvi- CURRENT STATEMENT PERIOD ACCOUNT NUMBER plating a provision of this Arti- cle other than Section 14,upon conviction Is punishable by a ON RECPT flne not toexceed Five Hundred 12/04 — 12/04 CIT57 Dollars (S503.00) for each of- fense and a separate offense shall be deemed committed IF YOU HAVE QUESTIONS REGARDING YOUR ACCOU upon each day during or on - I • R DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR(d)it is an offensetoprosecute L ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. underSections5(a),14,or 17(d) ,�� TEAR ALONG THIS PERFOR thateoasta personnudIty appeIn a aring in la- : LOWER PORTION WITH YOUR PAYMENT ---..A.Ing class operated: (1)by a proprietary school li- censed by the State of Texas;a college,supiorted e,or ni- or ADVERTISING STATEMENT partly supported entirely or partly by taxation; (2)by a private college or uni- versity grams inhwhicmaintains eelsp re REMIT TO: , P O BOX 99074 • FORT WORTH, TEXAS 76199 grams In which creditsnalare transferrable to a college,lun- ior collegeeden i lyorpartiyr university sup- ACCOUNT C I T 5 7 PAYMENT O N R E C P T ported entirely or pa rtly bytax- ation;or NUMBER DUE DATE (3)in a structure: (a) which has no sign visible from the exterior of the struc- PAGE lure and no other advertising that Indicates a nude or sem- inude person Is available for viewing;and (b) where in order to partici- pate in a class a student must enroll at least three(3)days In advance of the class;and (c)where no more than one(1) nude or seminude model Is on the premises at any one time. (e)It Is an offense to prosecute under Section 5(a)or Section 14, hereof that each item of des- criptive,matteria offered printed, ffifor sale or ORIGINAL lm,or video CITY OF SOUTHLAKE rental,taken as a whole con- 436 . 23 , II 667 N C A R R 0 L L tains serious literary,artistic, PLEASE PAY political,or value. Sectio2INJUNCTVERE- LIEF THIS AMOUNT A T T N : S A N D R A L • L A person who operates a cause to be ratedasasexuallyori- entedbusiness without a valid licenseor In violation of Section 14of this ordinance is sublect to a su for iniunction well as 'prosecution cution for criminal allviola- PLEASE WRITE IN AMOUNT ENCLOSED lions. Section 24. GRACE PERIOD FOR COMPLIANCE