0731ORDINANCE NO. 731
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE V, uSEXUALLY
ORIENTED BUSINESSES' OF THE SOUTHLAKE CITY CODE (1996),
AND THE COMPREHENSIVE ZONING ORDhNANCE NO. 480, AS
AMENDED; PROVIDING DEFINITIONS; PROVIDING ADDITIONAL
LOCATIONAL RESTRICTIONS FOR SEXUALLY ORIENTED
BUSINESSES; PROVIDING ADDITIONAL REGULATIONS
APPROPRIATE TO DIFFERENT TYPES OF SEXUALLY ORIENTED
BUSINESSES; PROVIDING REGULATIONS FOR SIGNS AND BUILDING
EXTERIORS; PROVIDING FOR APPEALS; PROVIDING FOR
AMORTIZATION OF NONCONFORMING SEXUALLY ORIENTED
BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING
FOR PUBLICATION EN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code: and
WHEREAS. Section 243.007 of the Local Government Code authorizes cities to adopt
regulations concerning the licensing and permitting of sexually oriented businesses; and
WHEREAS, the City of Southlake further has broad home rule powers to regulate
sexually oriented businesses; and
WHEREAS, Section 243.001(b) of the Local Government Code does not diminish the
authority of a municipality to regulate sexually oriented businesses with regard to any matters; and
WHEREAS, the twenty-first amendment to the United States Constitution delegates broad
powers to the states to regulate alcoholic beverages: and
WHEREAS, Section 109.57(d) of the Texas Alcoholic Beverage Code allows a
municipality to regulate the location of sexually oriented businesses; and
WHEREAS, the city council of the City of Southlake, Texas, heretofore adopted
regulations restricting the location of sexually oriented businesses within the City of Southlake
based upon studies, reports, and findings regarding the harmful effects of sexually oriented
businesses on surrounding land uses; and
WHEREAS, the city has carefully studied the regulation of sexually oriented businesses
as adopted into the Dallas City Code; and
WHEREAS, studies, reports, and findings conducted by the cities of Austin, E1 Paso, and
Indianapolis regarding the harmful effects of sexually oriented businesses on surrounding land uses
have been presented to and reviewed by the city council; and
WHEREAS, studies, reports, and findings conducted by the cities of Los Angeles.
[xis Vegas. Houston. Amarillo. and Beaumont were presented to the city council and made part
of the public record; and
WHEREAS, the city finds that churches, synagogues, licensed child-care facilities, parks,
and schools are centers of family oriented activities and therefore enhance the quality of life in
surrounding areas: and
WHEREAS. there is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on surrounding land uses, causing increased
crime and the downgrading of property values; 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, convincing documented evidence regarding the physiological and sexual
distinctions between male and female breasts has been reviewed; and
WHEREAS, the city council finds that sexually oriented businesses are frequently used
for activities such as prostitution or 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
WI-IEREAS, the city council finds that these amendments will promote the public health,
safety, morals and general welfare of the citizens of the city; and
WHEREAS, the city council finds that these amendments have neither the purpose nor
effect of imposing a limitation or restriction on the content of any communicative materials,
including sexually oriented materials, nor do these amendments have the effect of restricting or
denying access by adults to sexually oriented materials protected by the First Amendment, or deny
access by the distributors and exhibitors of sexually oriented entertainment to their intended
market: and
WHEREAS, the city council further finds that the adoption of these amendments will
leave available reasonable alternative areas for the location of sexually oriented businesses: and
WHEREAS, a public hearing was duly held by the Planning and Zoning Commission of
the City of Southlake on the 74 day of January, 1999, and by the City Council of the City of
Southlake on the 2~ day of February, 1999, with respect to the regulations in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1. Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of
the Southlal~e City Code (1996), is amended by adding Section 5-165 to read as follows:
"Sec. 5465. Adoption of preamble.
The findings contained in the preamble of Ordinance No. 731, adopting this article are
determined to be true and correct and are adopted as a part of this article."
(01 15-c}9) Page 3
SECTION 2. Section 5-166, "Definitions," of Article V, "Sexually Oriented Businesses,"
of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows:
"Sec. 5-166. Definitions.
In this article:
Achromatic means colorless or lacking in saturation or hue. The term includes, but is not
liraited to, grays, tans, and light earth tones. The term does not include white, black, or any bold
coloration that attracts attention.
Adult arcade means any place to which the public is permitted or invited wherein coin-
operated, slug-operated or electronically, electrically, or mechanically controlled still or motion
picture machines, projectors, 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.
Adult bookstore or adult video store means a commercial establishment which as one of
its principal business purposes openly advertises or displays or offers for sale or rental for any
t'orm of consideration any one or more of the following:
(1) 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
(2) instruments, devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
Adult cabaret means a commercial establishment which regularly features the offering to
customers of live entertainment that:
(1) is intended to provide sexual stimulation or sexual gratification to the
customers; and
(2) is distinguished by or characterized by an emphasis on matter depicting,
simulating, describing, or relating to specified anatomical areas or specified sexual activities.
Adult motel means a hotel, motel or similar commercial establishment which:
(1) offers accommodations to the public for any form of consideration and
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
(2) offers a sleeping room for rent for a period of time that is less than 10
hours; or
(01 I5 99) Page4
(3) allows a tenant or occupant of a sleeping room to suhmnt the room for a
period of time that is less than 10 hours.
Adult motion picture theater means a commemial 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.
Adult theater means a theater, concert hall, auditorium, or similar commercial
establishmem which regularly features persons who appear in a state of nudity or semi-nudity or
live performances which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
Child-care facility means a facility licensed by the State of Texas to provide child care.
Church or Synagogue means a building in which persons regularly assemble for religious
worship and activities primarily for purposes connected with such worship or for propagating a
particular form of religious belief.
Comprehensive zoning ordinance means the comprehensive zoning ordinance of the city,
as it is amended from time to time.
Customer or Patron means any person who:
(1) is allowed to enter a sexually oriented business in return for the payment of an
admission fee or any other form of consideration or gratuity; or
(2) enters a sexually oriented business and purchases, rents, or otherwise partakes
of any merchandise, goods, entertainment, or other services offered; or
(3) is a member of and on the premises of a sexually oriented business operating
as a private club.
Deputy director of police services means the head of the city's police division of the
department of public safety or his representative.
Employee means a person who renders any service to the customers of a sexually oriented
business or who works in or about a sexually oriented business and who receives compensation
for the service or work from the operator or owner of the sexually oriented business or from its
customers.
Escort means 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 means a person or business association who, for a fee, tip, or other
consideration, furnishes, offers to furnish, or advertises to furnish escorts as one of its principal
business purposes.
Establishment means any of the following:
(1) the opening or commencement of any sexually oriented business as a new
business;
(2) the conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
(3) the addition of any sexually oriented business to any other existing sexually
oriented business: or
(4) the relocation of any sexually oriented business.
Licensee means a person in whose name a license to operate a sexually oriented business
has been issued, as well as all individuals listed as applicants on the application for a license.
Love parlor means an establishment that is operated for the purpose of giving massages
at the establishment or on a home call basis that are intended to provide sexual stimulation or
sexual gratification in combination with a massage.
Nude model studio means any place where a person who appears in a state of nudity or
displays specified 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.
Nudity or state of nudity means:
(1) the appearance of a human bare buttock, anus, male genitals, female genitals,
or female breast: or
(2) a sate of dress which fails to completely and opaquely cover a human buttock.
anus, male genitals, female genitals, or any part of the female breast or breasts that is below a
point immediately above the top of the areola.
Operates or causes to be operated means to cause to function or to put or keep in
operation. A person may be found to be operating or causing to be operated a sexually oriented
business whether or not that person is an owner, part owner, licensee, or manager of the business.
Park means:
(1) any land dedicated to and/or maintained by the city, Tarrant County, Denton
County, the State of Texas, or any state or federal agency for traditional park-like recreational
purposes; or
(2) any land owned and maintained by a developer, homeowners' association or
trustee for traditional park-like recreational purposes and which is dedicated on a plat in lieu of
public park dedication requirements, in accordance with the city's subdivision ordinance.
Person means an individual, proprietorship, partnership, corporation, association, or other
legal entity.
Principal means over 25 percent of customers, volume of sales, stock in trade, display
areas, or presenation time in any three-month increment period beginning from the date of
issuance of a certificate of occupancy. Stock in trade shall be measured with all titles or objects
available on the premises for sale or rental including, but not limited to, those that are identical,
considered a separate title or object.
Residential district means a district zoned for residential uses under the comprehensive
zoning ordinance.
Residential use means a single family home, two-family home, mobile/modular home,
manufactured home, or multiple family dwelling as defined in the comprehensive zoning
ordinance.
School means any public or private elementary or secondary school.
Sexual encounter center means a business or commercial enterprise that, as one of its
principal business purposes, offers for any form of consideration:
(1) physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
(2) 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.
Sexually oriented business means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, love parlor,
nude model studio, sexual encounter center, or other commemial enterprise, the principle business
of which is the offering of a service or the selling, renting or exhibiting of devices or any other
items intended to provide sexual stimulation or sexual gratification to its customers, and which
is characterized by the depiction or description of specified sexual activities or specified
anatomical areas, or whose employees or customers appear in a state of nudity. The term
"sexually oriented business" shall not be construed to include:
(1) A business operated by or employing licensed psychologists, licensed
physical therapists, registered massage therapists, registered nurses, or licensed athletic trainers
engaged in practicing such licensed professions;
(2) A business operated by or employing licensed physicians or licensed
chiropractors engaged in practicing the healing arts;
(3) A retail establishment whose principal business is the offering of wearing
apparel for sale to customers and which does not exhibit merchandise on live models; or
(43 An activity conducted or sponsored by any Texas independent school
district, licensed or accredited private school, or public or private college or university.
Sign means any display, design, pictorial, or other representation that is:
(1) constructed, placed, attached, painted, erected, fastened, or manufactured in
any m~nner so that it is visible from the outside of a sexually oriented business: and
Page 7
(01 15 99)
(2) used to seek the attraction of the public to any goods, services, or merchandise
available at the sexually oriented business.
Specified anatomical areas means:
(1) any of the following, or any combination of the following, when less than
completely and opaquely covered:
(A) any human genitals, pubic region, or pubic hair;
(B) any buttock; or
(C) any portion of the female breast or breasts that is below a point
immediately above the top of the areola; or
(2) human male genitals in a discernibly erect state, even if completely and
opaquely covered.
Specified sexual activities means and includes any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region, buttocks,
anus. or female breasts:
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, sodomy, or bestiality;
(3) masturbation, actual or simulated; or
(4) excretory functions as part of or in connection with any of the activities set
forth in subsections (1) through (3) of this definition.
Substantial enlargement means, with respect to a lawfully operating sexually oriented
business, the increase in floor area occupied by the business by more than 25 percent, as the floor
area existed on the effective date of Ordinance No. 399 or February 2, 1999, whichever is
applicable
Transfer of ownership or control means, with respect to a sexually oriented business, any
of the following:
(1) the sale, lease, or sublease of the business;
(2) 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
(3) the establishment of a trust, gift, or other similar legal device which transfers
the direct, indirect, legal, equitable, or beneficial ownership or control of the business, except for
Page 8
(01 15
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 5-197, who shall have
notified the deputy director of police services 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 3. Section 5-168, of Article V, "Sexually Oriented Businesses," of Chapter 5,
"Businesses," of the Southlake City Code (1996), is amended to read as follows:
"Sec. 5-168. 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) Adult motel;
(5) Adult motion picture theater;
(6) Adult theater;
(7) Escort agency;
(8) Love parlor:
(9) Nude model studio; and
(10) Sexual encounter center."
SECTION 4. Subsection 5-169(b), of Article V, "Sexually Oriented Businesses," of
Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read as follows:
"(b) A person who operates a sexually oriented business or the person's agent or employee
commits an offense if thc person or the person's agent or employee refuses to permit a lawful
inspection of thc premises by a representative of the departments described in Subsection (a) at
any time it is occupied or open for business."
Page 9
(01-15-99)
SECTION 5. Section 5-170, "Location of sexually oriented businesses," of Article V,
"Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996),
is amended to read as follows:
"Sec. 5-170. Location -- Restrictions.
(a) A person commits an offense if the person establishes, operates, or expands, or causes
to be established, operated, or expanded, a sexually oriented business within 1,000 feet (without
regard to city boundaries) of:
(1t a church or synagogue;
(2) a school;
(3) a boundary of a residential district as defined in the comprehensive zoning
ordinance;
(4) a park:
(5) the property line of a lot devoted to a residential use;
(6) the boundary of a corridor overlay zone established in the comprehensive
zoning ordinance, or within any corridor overlay zone;
(7) a hospital; or
(8) a child-care facility.
(b) A person commits an offense if the person causes or permits the operation or
establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented
business within 1000 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 a building or
structure or the increase of floor area of any sexually oriented business in a building or structure
containing another sexually oriented business.
id) For the purposes of Subsection (a) of this section, measurement 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 the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a church, synagogue, school, hospital, or child-care
facility, or to the nearest boundary of a park, residential district, or residential use
(01-15 99) Page 10
(e) For purposes of Subsection (b) of this section, the distance between any two 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.
I f) Any sexually oriented business lawfully operating on the effective date of Ordinance
No731 adopting amendments to Article V, that is in violation of the locational requirements of
Subsection (a)(6), (7), or (8), or (b) shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed one year, unless sooner terminated
for any reason or voluntarily discontinued for a period of 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 1000 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 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 oriented
business license, of a church, synagogue, school, park, residential district, residential use,
hospital, or child-care facility within 1,000 feet of the sexually oriented business. This subsection
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 Ordinance No.
731 adopting amendments to Article V, shall be located only within the districts permitted by, and
shall conform in all respects with, the requirements of the comprehensive zoning ordinance of the
city as well as this Article V.
(i) Nothing contained in this article shall be construed to limit the amortization of a
nonconforming sexually oriented business under the comprehensive zoning ordinance."
SECTION 6. Section 5-173, "Additional regulations for nude model studios," of Article
V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996),
is amended to read as follows:
"Sec. 5-173. Additional regulations for nude model studios.
(a) A person commits an offense if the person employs at a nude model studio any person
under the age of 18 years.
(b) A person under the age of 18 years commits an offense if the person appears 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 the age of 18 years was in a restroom not open to public view or
persons of the opposite sex.
{01 15-qq) Page 11
(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 person commits an offense if the person places or permits a bed, sofa, or mattress
in any room on the premises of a nude model studio except that a sofa may be placed in a
reception room open to the public.
(e) A licensee or an employee of a nude model studio commits an offense if the licensee
or employee permits a customer access to an area of the premises not visible from the manager's
station or not visible by a walk through of the premises without entering a closed area, excluding
restrooms.
(f) An employee of a nude model studio, while exposing a specified anatomical area,
commits an offense if the employee touches a customer or the clothing of a customer.
(g) A customer at a nude model studio commits an offense if the customer touches an
employee or the clothing of an employee who is exposing a specified anatomical area."
SECTION 7. Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of
the Southlake City Code (1996), is amended by adding a new Section 5-173.1 to read as follows:
"Sec. 5-173.1. Additional regulations for adult cabarets.
(a) An employee of an adult cabaret, while exposing any specified anatomical areas,
commits an offense if the employee touches a customer or the clothing of a customer.
(b) A customer at an adult cabaret commits an offense if the customer touches an
employee or the clothing of an employee who is exposing a specified anatomical areas.
(c) A licensee or employee of an adult cabaret commits an offense if the licensee or
employee permits a customer access to an area of the premises not visible from the manager's
station or not visible by a walk through of the premises without entering a closed area, excluding
restrooms."
SECTION 8. Section 5-174~ "Additional regulations for adult theaters and adult motion
picture theaters," of Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses," of the
§outhlake City Code (1996L is amended to read as follows:
"Sec. 5-174. Additional regulations for adult theaters and adult motion picture theaters.
(a) A person commits an offense if the person knowingly allows a person under the age
of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion
picture theater. ~:
(b) A person under the age of 18 years commits an offense if the person knowingly
appears in a state of nudity 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 section if the person
under the age of 18 years was in a restroom not open to public view or persons of the opposite
sex."
SECTION 9. Article V, "Sexually Oriented Businesses," of Chapter 5, "Businesses~" of
the Southlake City Code (1996), is amended by adding new Sections 5-176.1, 5-176.2, 5-176.3
to read as follows:
"Sec. 5-176.1. Additional regulations for all sexually oriented businesses.
(a) Public and employee restrooms in a sexually oriented business shall not, at any time,
contain or be used for sexually oriented business activity, video reproduction equipment, or
sexually oriented merchandise.
(b) A person who operates a sexually oriented business or his agent or employee commits
an offense if the person operates the establishment without maintaining on the premises, a current
list of all employees employed by the business, along with a complete updated employment
application. Each employment application shall include acopy of a valid driver's license, state
identification card, or passport, all with a photograph."
"Sec. 5-176.2. Exterior portions of sexually oriented businesses.
(a) A licensee of a sexually oriented business commits an offense if the licensee allows:
(1) the memhandise or activities of the establishment to be visible from any point
outside the establishment;
(2) the exterior portions of the establishment to have flashing lights, or any words,
lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except
to the extent permitted by this article; or
(3) the exterior portions of the establishment to be painted any color other than a
single achromatic color, except that this Paragraph (3) does not apply to an establishment if the
following conditions are met:
(A) the establishment is a part of a commercial multi-unit center; and
(B) the exterior portions of each individual unit in the commercial multi-
unit center, including the exterior portions of the establishment, are painted the same color as one
another or are painted in such a way as to be a component of the overall architectural style or
pattern of the commercial multi-unit center.
(b) Nothing in this section requires the painting of an otherwise unpainted exterior portion
of a sexually oriented business.
(c) The exterior of any sexually oriented business lawfully operating on February 2, 1999,
is not required to comply with Subsections (a)(2) and (a)(3) of this section until alterations.
repairs, remodeling, and repainting that cumulatively affect more than 50 percent of the exterior
are performed on the sexually oriented business during any 12-month period.
Sec. 5-176.3. Sign Requirements.
(a) Notwithstanding any provision of any other city ordinance, code, or regulation to the
contrary, the licensee of a sexually oriented business or any other person, commits an offense if
the licensee or person erects, constructs, or maintains an exterior sign on the premises of the
establishment other than one monument sign, one attached sign, and entrance signs as provided
in this section.
must:
(3)
width, whichever
(4)
(5)
(6)
(b) A monument sign may have no more than two display surfaces. Each display surface
(1) not contain any flashing lights;
(2) be a fiat plane, rectangular in shape;
(3) not exceed 50 square feet in area;
(4) not exceed 4 feet in height or 10 feet in length; and
(5) meet all other requirements of the city's sign ordinance.
(c) An attached sign may have only one display surface. The display surface must:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape;
not exceed 20 square feet in area or 0.75 square feet for every foot of building
is more restrictive;
not exceed five feet in height or four feet in width;
be affixed or attached to a wall or door of the establishment; and
meet all other requirements of the city's sign ordinance.
(d) A monument or attached sign shall not contain photographs, silhouettes, drawings, or
pictorial representations of any kind, and may contain only;
(01 15 99) Page 14
(1) the name of the establishment; and/or
(2) one or more of the following phrases:
(A) Adult arcade;
(B) Adult bookstore;
(C) Adult video store;
(D) Adult cabaret;
(E) Adult motel;
(F) Adult motion picture theater;
(G) Adult theater;
(H) Escort agency;
(I) Love parlor;
(J) Nude model studio; or
(K) Sexual encounter center.
(e) In addition to the phrases listed in Subsection (d)(2) of this section, a monument sign
for an adult motion picture theater may contain the phrase, "Movie Titles Posted on Premises".
(f) Each letter forming a word on a monument or attached sign must be of a solid color,
and each letter must be the same print-type, size, and color. The background behind the lettering
on the display surface of a monument or attached sign must be of a uniform and solid color.
(g) Notwithstanding the sign requirements of this section and Section 5-176.2, any sign
lawfully existing on the premises of a lawfully operating sexually oriented business on February
2~ 1999, may continue to be maintained on the premises, until:
(1) the sign is intentionally removed or destroyed by the owner or operator of the
sexually oriented business or abandoned by the owner or operator of the sexually oriented
business; or
(2) the city requires removal, relocation, or reconstruction of the sign in
accordance with applicable city ordinance or state law.
(h) In addition to other signs placed by a licensee, a sexually oriented business shall at all
times maintain at least one legible sign posted in a conspicuous place at each public entrance easily
visible by all persons prior to entry into the establishment, with lettering of at least one inch in
height in English and Spanish which contains the following statement:
"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT
WHICH REGULARLY FEATURES [description of the type of activity
licensed to be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL
NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDER
EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or "NO PERSON
UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY," if
alcohol is served].
(i) During hours of darkness when a sexually oriented business is in operation, all required
parking and all outdoor pedestrian areas on the premises of the sexually oriented business shall
be lighted to an intensity of not less than five footcandles measured at ground level."
SECTION 10. Subsections 5-180(a) and (b), of Article V, "Sexually Oriented
Businesses," of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended to read
as follows:
"(a) Except as provided by Subsection (b) of this section, any person violating Section 5-
170, upon conviction, is punishable by a fine not to exceed $2000.00 for each offense.
(b) If the sexually oriented business involved is a nude model studio or sexual encounter
center, then violation of Section 5-170 or 5-196(a) is punishable as a Class A misdemeanor."
SECTION 11. Section 5-197, "Issuance," of Article V, "Sexually Oriented Businesses,"
of Chapter 5, "Businesses," of the Southlake City Code (1996), is amended by adding Subsections
(d) and (e) to read as follows:
"(d) An applicant who has been convicted or whose spouse has been convicted of an
offense listed in Subsection (a)(10)a may qualify for a sexually oriented business license only
when the time period required by Subsection (a)(10)b has elapsed.
(e) Thc deputy director of police services, upon approving issuance of a sexually oriented
business license, shall send to the applicant, by certified mail, return receipt requested, written
notice of that action and state where the applicant may obtain the license. Approval of the
issuance of a license does not authorize the applicant to operate a sexually oriented business until
the applicant has obtained possession of the license."
(0I 1599) Page 16
SECTION 12. Section 5-202, "Appeal of revocation or suspension," of Article V,
"Sexually Oriented Businesses," of Chapter 5, "Businesses,~ of the Southlake City Code (1996),
is amended to read as follows:
"Sec. 5-202. Appeal of denial, revocation, or suspension.
(a) If the deputy director of police services denies the issuance of a license, or suspends
or revokes a license, the deputy director of police services shall give send to the applicant or
licensee, by certified mail, return receipt requested, written notice to the applicant or licensee of
such action.
(b) The notice shall provide that the denial of issuance, suspension, or revocation shall
take effect at the expiration of the third working day after notification unless the licensee provides
a written response to the deputy director of police services before the expiration of the third
working day.
(c) If a written response from the applicant or licensee is received by the deputy director
of police services before the expiration of the third working day, the suspension, denial of
issuance or revocation will be stayed pending a decision by the deputy director of police services.
The deputy director of police services shall review the response before the rendering of a decision.
(d) The deputy director of police services shall give written notice of this decision to the
applicant or licensee.
(e) The decision by the deputy director of police services is effective immediately and
final pending any appeal.
(f) Notice may be delivered by:
(1) hand delivery to a licensee, owner, or employee of the establishment; or
(2) posting of the notice at the usual business entrance of the establishment; or
(3) certified mail, return receipt requested to the address listed in the license
application for receipt of notice.
(g) Upon receipt of written notice of the denial, suspension, or revocation, the licensee
whose application for a license has been denied or whose license has been suspended or revoked
shall have the right to appeal to an appropriate court.
(h) An appeal to the appropriate court must be filed within 30 days after the receipt of
notice of the decision of the deputy director of police services.
(i) The licensee or applicant shall bear the burden of proof in a court appeal."
SECTION 13. Section 26, "Light Industrial District," and Section 27, "Heavy Industrial
District," of the comprehensive zoning ordinance are hereby amended to allow sexually oriented
businesses as a permitted use in the "I-1" and "I-2" zoning districts.
SECTION 14. Section 4, "Defmitions," of the comprehensive zoning ordinance is hereby
amended by adding a definition of %exually oriented business" to read as follows:
"SEXUALLY ORIENTED BUSINESS - an establishment as clef'meal in Section 5-166 of
the City Code."
SECTION 15. This ordinance shall he cumulative of all provisions of ordinances of the
City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such ordinances
are hereby repealed.
SECTION 16. It is hereby declared to be the intention of the City Council that the
phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any
phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 17. All rights and remedies of the City of Southlake are expressly saved as to
any and all violations of the provisions of Article V, Chapter 5 of the Southlake City Code, as
amended, or any other ordinance or code provision affecting sexually oriented businesses which
have accrued at the time of the effective date of this ordinance; and, as to such accrued violations
and all pending litigation, both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this ordinance but may be prosecuted until f'mal
disposition by the courts.
SECTION 18. The City Secretary of the City of Southlake is hereby authorized to publish
this ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
SECTION 19. The City Secretary of the City of Southlake is hereby directed to publish
the proposed ordinance or its caption and penalty together with a notice setting out the time and
place for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for
any violation of any of its provisions, then the City Secretary shall additionally publish this
ordinance or its caption and penalty in the official City newspaper one time within ten days after
final passage of this ordinance, as required by Section 3.13 of the Charter of the City of
Southlake.
SECTION 20. This ordinance shall be in full force and effect from and after its passage
and publication as required by law, and it is so ordained.
ON FIRST READING
CITY SECRETARY
THIS /q DAY OF
Page 19
D AND APPROVED ON SECOND READING TI41$
,1999.
ATTEST:
(~ITY SECRETARY
DAY OF
City Attorney //'
\Sou thlake\ordinance\sob2 (L:\C ITYDOCS\ORD\DRAFT~SOB\ 1 - 15 -99F.ORD)
(01 15 99~ Page 20
Star-Telegram FED•
• ID NO: 22-3148254 AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
- -E STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
Star-Telegram, published by the Star-Telegram 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:
r_____
AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
2/05ME .14506261 ORDINANCE NO . 73 I358 lx 62L 62 QUOTE 50 .22
ORDINANCE NO.731 02/05-02/05
AN ORDINANCE AMENDING _. . ..
CHAPTER 5,ARTICLE V'SEX-
UALLY ORIENTED BUSIPNESS-I
ES' OF THE SOUTHLAKE
1 CITY CODE (1996) AND
' THE COMPREHENSIVE ZON-
I
ING ORDINANCE NO. 480
AS AMENDED: PROVIDING`
DEFINITIONS; PROVIDING
ADDITIONAL LOCATIONAL
RESTRICTIONS FOR SEXUAL-
LY ORIENTED BUSINESSES;
PROVIDING ADDITIONAL
REGULATIONS APPROPRI-
ATE TO DIFFERENT TYPES
OF SEXUALLY ORIENTED
BUSINESSES: PROVIDING
REGULATIONS` FOR SIGNS
AND BUILDING EXTERIORS;
PROVIDING FOR APPEALS;
PROVIDING FOR AMORTIZA-
TION OF NONCONFORMING
SEXUALLY ORIENTED BUSI-
NESSES PROVIDING THAT
THIS ORDINANCE SHALL BE IC^ e C
CUMULATIVE OF ALL ORDI- S a I '-\_An•z- -
NANCES-PROVIDING A SEV-
ERABILITY CLAUSE-PROVID-
ING A PENALTY;PROVIDING
SU ASAVINRSC AUI CLAUSE; SWORN TO BEFORE ME, THIS THE 8th DAY OF EBRUARY
ING PAMPHLET FORM; PROVID- -�.�,S,F-,%,-Q.,.ti,sb-v-snt, �
ING FOR PUBLICATION IN _�RY`N��, 1 LP7-17.0e1„,
THE OFFICIAL NEWSPAPER; q �t!•••i�•-��,y� 1
AND PROVIDING AN EFFEC- P1r:' R-IONDA R. GOKE otary Public i\., ik-
TIVE DATE.SECTION 4. 4* ""�` % COMMISSION EXPIRES
Any person, firm or corpora- 4s• '"f
lion who violates, disobeys,, - hT •-7 SEPTEMBER 8 1999 TARRANT COUNTY.TEXAS
omits, neglects or refuses stir"••••••sf.
to comply with or who �qO F -
___ re-
sists the enforcement of any
of the provisions of this ordi-
nance shall be fined not
l rs ($2 than Two Hundredreach Dol-
t- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
lars 15200.00) for of-
Tense.Each day that a viola-
tion is permitted to exist
shall constitute a separate___—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----A
offense.
PASSED AND APPROVED ON
THE 2ND DAY OF FEBRU-
ARY, 1999, DURING THE
REGULAR CITY COUNCIL
MEETING.
MAYOR RICK STACY
tATTEST:SANDRA L-
iLEGRAND CITY SECRETARY
,APPRE.ALLEN T AS TOOR FORM:
OVED
MATT ATTORNEY REMIT�� REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
CITY ATTORNEY
14506261 • ACCOUNT CIT57 AMOUNT 50 . 22
NUMBER DUE
PAGE1 A IF ANY QUESTIONS, PLEASE CALL(817)390-7885
•
•
CITY OF SOUTHLAKE /
667 N CARROLL AVE
PLEASE PAY /
SOUTHLAKE , TX 76092-9595 THIS MOUNT 50 .22
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram. 1--CU. I.U. IVY. I'hOI O`F
AD ORDER NO. 14414922
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
)unty of Tarrant
before me, a Notary Public in and for said County and State, this day
personally appeared Tammie Bryant Billing Specialist for the
Star-Telegram, published by the Star-Telegram 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:
•
1 DATE AD ORDER NO. DESCRIPTION AD SIZE IN TOTAL
RATE AMOUNT
1/22ME 14414922 NOTICE OF PUBLIC I358 1x 80L 80 QUOTE 64 . 80
NOTICE
HEARING OF BLIC 01/2 2-01/2 2
NOTICE IS HEREBY GIVEN
I to all interested persons that
the City council of the City of
Southlake, Texas, will be
holding a public hearing dur-
ing the Regular City Council
Meeting to be held on Febru-
ary 2, 1999 at 6:00 p.m.in
the City Council Chambers
of City Hall, 667 North Car-
roll Avenue, Southlake, Tex-
o
as.
Purpose of the hearing is to
consider the second reading
of the following ordinance:
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.731
AN ORDINANCE AMENDING
CHAPTER 5,ARTICLE V"SEX-
UALLY ORIENTED BUSINESS- .,ES' OF THE SOUTHLAKE
C% -.../—)1
CITY CODE (1996) AND -
THE COMPREHENSIVE ZON-
ING ORDINANCE NO. 480 ��
AS AMENDED; PROVIDING
DEFINITIONS; PROVIDING
ADDITIONAL LOCATIONAL 25th JANUARY 1999
SC RESTRICTIONS D ORr SEXUAL- SWORN TO BEFORE ME, THIS THE DAY OF ,
LPROVIDING ADDITIONAL -
REGULATIONS APPROPRI- /
OFATE SEEXUALLYFNT TYPES
ORIENTED ' �,,���II otary Public --- .1-4L.
BUSINESSES PROVIDING She i fr RHONQA R. GOKE
REGULATIONS FOR SIGNS *• f iAND BUILDING EXTERIORS; ';,y,tVa COMMISSION EXPIRES
PROVIDING FOR APPEALS; `'� SEPTEMBER 8, 1999
TION
FOR NFORMING S l;•.' TARRANT COUNTY,TEXAS
TION OF NONCONFORMING P' t�,�• I
SEXUALLY ORIENTED BUSI- � qr,
NESSES PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULANANCESTIP OVE OVIDINGA SEF ALL ODV- i ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ERABILITY CLAUSE-PROVID-
ING A PENALTY;PROVIDING •
ING SAVINGSFOR CPLAUSE;PROVID-ION IN — TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —
PAMPHLET FORM; PROVID-
ING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFEC-
TIVE DATE.
SECTION 10. Subsections 5-
180(a)and(b), of Article V,
'Sexually Oriented Busi- 'Nness,' of Chapter 5, 'Busi-
nesses,' of the Southlake I REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
City Code(1996),is amend-
ed to read as follows: •
( ) Except as provided by ACCOUNT C I T 5 7 AMOUNT 6 4 . 8 0
Subsection (b) of this sec-
tion, any person violating NUMBER DUE
Section 5-170,upon convic-
tion, is punishable by a fine
not to exceed 52000.00 for
eachhoffense. PAGE1 OF]1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
lb) If the sexuallyoriented
business involved isa nude
studio or sexual encounter
center the violation of Sec-
tion 5-1 70 or 5-196(a)is pun-
ishable as a Class A '
misdemeanor."
City of Southlake
Sandra L.LeGrand
City.secretary
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 64 . 801
PLEASE WRITE IN AMOUNT ENCLOSED