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HomeMy WebLinkAboutOrd 1997-06 Adult Content.pdf�J ORDINANCE. NO. 97-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, PROVIDING DEFINITIONS; 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 AND SEXUALLY ENCOUNTER CENTERS; REGULATING THE: DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF ONE: THOUSAND DOLLARS ($1,000.00) FOR THE VIOLATION OF SECTION 4-•73 OF THIS ORDINANCE, AND PROVIDING THAT A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A PENALTY OR FINE OF TWO HUNDRED DOLLARS ($200.00) IN A VIOLATION OF ANY SECTION OF THIS ORDINANCE OTHER THAN SECTION 4-73 AND A SEPARATE OFFENSE SHALL BE: DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A GRACE PERIOD; PROVIDING A SEVERABILITY CLAUSE:; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, THE, CITY COUNCIL MAKES THE FOLLOWING FINDINGS O WITH REGARD TO SEXUALLY ORIENTED ESTABLISHMENTS; 1. Vernon's Texas Code Annotated Local Government Code sections 51.001, 211.001 and 211.003 authorizes general law cities to license any lawful business, occupation or calling that susceptible to the control of the police power. Vernon's Texas Code Annotated Local Government Code sections 51.001, 54.001, 211.001, and 211.003 authorizes general law cities to enforce all ordinances necessary to protect health, life, and property, and to preserve the good government, order and security of such cities and their inhabitants. 3. 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. The City Council finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature. 40 5. 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 U citizens. E. Licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation. 7. 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 down— grading of property values. a. The City Council further finds that the police in numerous other .jurisdictions have made a substantial number of arrests for sexually related crimes in sexually oriented business establishment. 9. 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. 10. The City Council desires to minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods, deter the spread of urban blight, protect the citizens from increased crime, preserve the quality of life, and protect the health, safety, and welfare of the citizenry; and WHEREAS, the City Council makes the following findings with regard to the licensing of sexually oriented business establishments: 1. The City Council believes 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. The City Council, in accordance with Article 6252-13c of Vernon's Texas Civil Statutes, has considered the following criteria: • 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 4.65 (a) (9) are serious crimes which are directly related to the duties and responsibilities of the occupation of operating a sexually oriented business. The City Council has further determined that the very nature of the occupation of operating a sexually oriented business brings a person into 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 he be so inclined. Thus, it is the opinion of the City Council 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. 3. The City Council has determined that no person who has been convicted of a crime listed in section 4.65 (a) (9), as set forth in this ordinance, is presently fit to operate a sexually oriented business until the respective time periods designated in that section have expired. 4. It is the intent of the City Council to disqualify a person from being issued a sexually oriented business license by the City of Anna if he has been convicted within the designated time period of any of the crimes listed in section 4-•6S (a) (9), as set forth in this ordinance. Now, therefore, be it ordained by the City Council of the City of Anna: Section I Sec. 4-61. Purpose and Intent 40 A. It is the purpose of this article to regulate sexually oriented businesses 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. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article 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 of Section 4-•73 of this article are promulgated pursuant to V.T.C.A. local government code 243.001, thru 243.009 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 article are promulgated pursuant to applicable articles of the Revised Civil Statutes of Texas. Sec. 4-62. Definitions In this articles 1. ADULT ARCADE means any place to which the public is permitted or invited wherein ruin—operated or 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." 2. 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 form of consideration any one or• more of the followings A. books, magazine, 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, paraphernalia which are designed for use in connection with "specified sexual act•ivities." 3. ADULT CABARET means a nightclub, bar, restaurant, or 0 • similar commercial establishment which regularly featureso A. persons who appear in a state of nudity; or P. live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or C. films, motion pictures, video cassettes, slides or other photographic_ reproductions which are characterized by the depiction of description of "specified sexual activities" or "specified anatomical areas." 4. ADULT MOTEL_ means a hotel, motel or similar commercial establishment whiche A. offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities9 or "specified anatomical areas"; and has a sign visible from the public right or 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 10 hours; or C. allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. 5. ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion picture, video cassette, slides, or similar photographic reproductions are regularly shown which are characterized by the depictions of descriptions of "specified sexual 'activities" or "specified anatomical areas." E. ADULT "THEATER means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities." 7. THE CITY MAYOR means the City Council for the City of Anna or his designated agent or any officer or official of the city appointed in that capacity administratively. L 0 1] S. 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. 9. ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. 10. ESTABLISHMENT means and includes any of the following: A. the opening or commencement of any sexually oriented business as a new business; B. the conversion of an existing business, whether or, not a sexually oriented business, to any sexually oriented business; C. the addition of any sexually oriented business to any other existing sexually oriented business; or D. the relocation of any sexually oriented business. 11. LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license. 12. 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. 13. NUDITY or a STATE OF NUDITY means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast. 14. PERSON means an individual, proprietorship, trust, partnership, corporation, association, or other legal entity. 15. SCHOOL means any public or private nursery, preschool, day care center, learning center, elementary or secondary school. 16. SEMI—NUDE means a state of dress in which clothing rovers 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. r--I LJ 17. SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of considerations A. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or B. activities between male and female persons anti/or persons of the same sex when one or more of the persons is in a state of nudity of semi—nude. 18. 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, nude model studio, or sexual encounter center. 19. SPECIFIED ANATOMICAL AREAS means and includes any of the following: A. the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts; or SB. sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or, 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. 21. SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by the business by more than 20%, as the floor area exists on the effective date of this ordinance. 22. TRANSFER OF OWNERSHIP OR CONTROL. OR A SEXUALLY ORIENTED BUSINESS means and includes any of the following: A. the sale, lease, or sublease of the business; B. the transfer of securities or other ownership interest which constitutes a direct, indirect, legal, equitable or beneficial controlling interest: in the business, whether by sale, exchange, or • similar means; ur C. 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 transfer by bequest or other operation of law upon the death of the person possessing the ownership of control to a person meeting all of the requirements of Section 4-65 hereof, who shall have notified the City Council 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 4-63. Classification Sexually oriented business is defined and classified as any commercial establishment operating in the city, in whole or in part, as any one of more of the followings 1. Adult arcade; 2. Adult bookstore or adult video store; u. Adult cabaret; 4. Adult motel; 5. Adult motion picture theater; • 6. Adult theaters; 7. Escort Agency; S. Nude model studio; and 9. Sexual encounter center. Section 4-•64. License Required. 1. A person commits an offense if he operates a sexually oriented business without a valid license, issued by •the city for the particular type of business. 2. An application for a license must be made on a form provided by the city. The application form shall be sworn to and Halls A. include the name and address of the applicant; B. state whether or not the applicant meets each of the requirements set forth in Sec. 4-65 of this ordinance; C. the name and address of each person required to sign the application pursuant to Sec. 4-64 (4) of this ordinance, and the name, address and type of entity (if any) of each person or entity owned or controllers by such person which owns or controls an 9 interest in the business to be licensed; and D. such other matters, consistent with this ordinance, as may be specified in the application form. 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 o 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 inches. Applicants who must comply with Section 4 79 of this article shall submit a diagram meeting the requirements of Section 4•-79. 3, The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the health department, fire department, and building official. 4. if a person who wishes to operate a sexually oriented business is an individual, he must sign an application for• a license as applicant. if a person who wishes to operate a sexually oriented business is other than an individual, each individual who directly or indirectly through one or more intermediaries, own or controls a 10% or greater interest in the business must sign and submit, as applicant, a separate application containing all applicable information required by Section 4--64 (S) of this ordinance. Each applicant must be qualified under Section 4--65 and each applicant shall be considered a licensee if a license is granted. Section 4-65. Issuance of License. 1. The City Council shall approve the issuance of a license by the City Secretary to an applicant or the transfer by an applicant of all or any part of his ownership at, control of a sexually oriented business within 30 days after receipt of an application unless he finds one of more of the following to be trues A. an applicant is under 18 years of age, or B. an applicant or an applicants spouse is over due in his payment; to the city of taxes, fees, fines, or, penalties assessed against him or imposed upon him in relation to a sexually oriented business, at, C. an applicant has failed to provide information reasonable necessary for issuance of the license or has falsely answered a question or request for 0 information on the application form, or D. an applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect, or E. 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 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months, or F. the premises to be used fur the sexually oriented business are not in compliance with applicable zoning laws or have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances, or • G. an applicant or •the proposed establishment is :in violation of or is not in compliance with Section 4--67, 4•-7a, 4-73, 4•-75, 4-76, 4-77, 4•-78, 4-79, or 4-80, or M. an applicant or an applicants spouse has been convicted of a crime involvinyd (i) (aa) prostitution; (bb) promotion of prostitution; (cc) aggravated promotion of prostitution; (dd) compelling prostitution; (ee) obscenity; (ff) sale, distribution, or display of harmful material to a minor; (gy) sexual performance by a child; ON possession of child pornography; (i1) any of the following offenses as described in Chapter 21 of the Texas Penal Coded NO public lewdness; (bb) 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 in Chapter 25 of the Texas penal Code; (v) criminal attempt, conspiracy, or solicitation to commit any of the foregoing offensesq (H) for whichi (i) less than two 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 '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; ur (iii) less than five 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. 2. 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. Sec. 4-65. F=ees. (a) The annual fee for a sexually oriented business license is $500.00. Sec. 4-67. Inspection. (a) An applicant or licensee shall permit representatives of the city administration, 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, at any time it is occupied or open for business. (b) A person who operates a sexually oriented business or, his agent or employee commits an offense if he 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. Sec. 4•-68. Expiration of License. (a) Each license shall expire one year from the date of issuance and may be renewed only by making application .:as provided in Section 4•-64. Application for renewal should be made at least 30 clays before the expiration date, and when made less than 30 days before the expiration date, •the expiration of the license will not be affected. (b) When the City Administrator denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If subsequent to denial, the City Administrator 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 90 days have elapsed since the date denial became final. (7) a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the .licensed premises. The term "sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code; or, (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. (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection (b)(7) does not apply to adult motels as a ground for revoking the license. O (e) When the City Council revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date C1 • revocation became effective. If, subsequent• to revocation, the City Council finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under section 4-65 (a)(9)(B) has elapsed since the termination of any sentence, parole, or probation. Section 4-71. Appeal. If the mayor or building inspector denies the issuance of a license, or suspends or revokes a license, he shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of his action and the right to an appeal.. The aggrieved party may appeal the decision of the mayor or building inspector to the city council. The filing of an appeal !stays the action of the mayor or the building inspector in suspending or revoking a license until the city council makes a final decision. Section 4-•72. Transfer of License. A licensee including any applicant •For a license shall not transfer his license or all or any part of his 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. (A) (b) Section 4-•7:3. Location of Sexually Oriented Businesses A person commits to be operated a 11000 feet of: (4) (5) A Chen^ch A School; A boundary defined by Anna. an offense if he operates or causes sexually oriented business within of a residential district as the zoning ordinance of the City of A public park; or The property line of a lot devoted to residential use. A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business located within 1,000 feet of another sexually oriented business. (c) A person commits an offense if he 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 Subsection (a), measurement shall be made in as 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 boundary of an affected public park, residential district, or residential lot. (e) For purposes of Subsection (b) of the 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. (f) Any sexually oriented business lawfully operating an the effective date of this ordinance, that is in violation of Subsections (G -a), (b), or (c) of this section 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 mare. 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 11000 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 or businesses 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, school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to 0 O • 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. Sec. 4-74. Exemption from Location Restrictions,. (a) if the City Council denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 4-73 of this article, then the applicant may, not later than 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 4--73. (b) if the written request is filed with the City Secretary within the 10—day limit, the City Council shall consider the request. The City Secretary shall set a date for the hearing within 60 days from the date the written request is received. (c> R hearing by the Council may proceed if a quorum is present. The 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 4--73 if 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 nut violate the spirit and intent of this article of the city code; (3) That the location oriented business property values or adjacent areas or urban blight' of the proposed sexually will not downgrade the quality of life in the encourage the development of (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 it interfere with any efforts of urban renewal or restoration; and (5) That all other applicable provisions of this article will be observed. 0 (e) The 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 permit and license appeal council is final. (f) If the council grants the exemption, the exemption is valid for one year from the date of the council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 4•-73 until the applicant applies for and received another exemption. (g) if the council denies the exemption, the applicant may not re—apply for an exemption until at least 12 months have elapsed since the date of the council'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 4- 73. •Section 4--75. Additional Regulations for Escort Agencies. (a) An escort agency shall not employ any person under the age of 18 years. (b) A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years. Sec. 4•--76. Additional Regulations for Nude Model Studios. (a) A nude model studio shall not employ any person under the age of 18 years. (b) A person .ender the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a node model studio. It is a defense to prosecution under this subsection if the person .ender 18 years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way. (d) A nude model studio shall not place or permit a beds 0 sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. Sec. 4-77. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. (a) The requirements and provisions of Chapter 46 of this code remain applicable to adult theaters and adult motion picture theaters. (b) A person commits an offense if tie knowingly allows as person under the age of IS years to appear in «r state of nudity in or on the premises of an adult: theater or adult motion picture theater. (c) A person under the age of 18 year's commits an offense if he knowingly appears in a state of nudity in or on the premises Of an adult theater or adult motion picture theater. (d) It is a defense to prosecution under Subsections (b) and (c) of this section if the person under 18 years was in a restroom not open to public view or persons S of the opposite sex. Section 4-78. 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 or more times in a period of time that is less than 10 hours creates a rebuttal presumption that the: establishment is an adult motel as the term :is defined in this article. (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, he rents or subrents a sleeping room to a person, and within lir hours from the time the room is rented, he rents or subrents the same sleeping room again. (c) Foy-, purposes of si,sbeection (b) of this section, the terms "rent" or "sssbrent" mean the act of permitting a room to be occupied for any forms of consideration. Section 4--74. Regulations pertaining to Exhibition of Sexually Explicit Films or, Videos. (a) A person who operates Or causes to be operated a sexually oriented business, other than an adult motel, which exhibits an the premises in a viewing room of less than 150 square feet of floor space, a r-1 LJ film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with tete following requirements: (1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. n manager's station may not exceed thirty—two (&2) square feet of floor area. 'rho. diagram shall also designate the place at which the permit will be conspicuously posted, if ciratit ed. n 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 at, 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 inches. The City Council may waive the foregoing diagram for renewal applications if the applicant adopts a diagram th,.at was previously submitted and certifies thrat the configuration of the premises has not been altered since it was prepared. (4) The application shall be sworn to be trite and correct by the applicant. (3) No alteration in 'the configuration or location of a manrager's station may be made without the prior, approval of the City Council or his designee. (4) It is the duty of the owners and operator of the premises to ensure that at, least one 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 or more manager's stations designated then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (G) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ens-sro that the view area specified in Subsection (5) remains unobstructed by any doors, walls, merchandiser display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this section. • (7) 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 owners and operator and it 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) p person having a duty under Subsections (1) through (8) of Subsection (a) above commits an offense if he knowingly fails to fulfill that duty. Sec. 4••-80,. Display of Sexually Explicit Material to Minors. (R) p person commits an offense if, in a business establishment open to persons colder the age of 17 years, he 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; (3) less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; at, (4) human male genitals in a discernable turgid state, whether covered or uncovered. (b) In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee 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. Sec. 4-81. Enforcement. (aa) Except as provided by Subsections (d) and (e), any person violating Sections 4--64, 4•--66, 4--67, 4-68, 4.72, 4--73, 4--76, 4--77, 4-•78, 4-79, 4-80 of this article*, upon conviction, is punishable by a fine of not less than $2.:.00 nor more than $2,000. (b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of Section 4-64(a) or 4--73 of this article is punishable as a Class 8 Misdemeanor. (c) Except as provided by Subsection (b), any person violating a provision of this article other than Section 4--73, upon conviction, is punishable by a fine of not less than $25.00 nor more than $700.00. (d) It is is defense to prosecution under Section 4-64(a), 4-'••73, or 4-76(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 • whish credits are transferable to a college, .,junior college, or university supported entirely or partly by taxation; or, (3) in a structure: (A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (il) where in order to participate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time. (e) It is a defense to prosecution under Section 4-64(a) or Section 4•-•73 that each item of descriptive, printed, film, or video material offered for sale of rental, taken as a whole, contains serious literary, artistic, political, or scientific value. • Section 4-82. Inji_n-ction. A person who operates or causes to be operated a Sexually oriented business without a valid license or in violation of Section 4-73 of this article is subject to a suit for injunction as well as prosecution for criminal violations„ Section 4-•83. Amendment of This Chapter. Sections 4•-73 and 4-74 of this article may be amended only after compliance with the procedure required to amend a :zoning ordinance. Other sections of this article may be amended by a vote of the city council. Section 2. That all persons required by this article 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 90 days from the effective date of the ordinance. Section 3. The fact that the present ordinances are regulations of the city of trona, Texas, are inadequate to properly safeguard the: health, safety, morals, peace and general welfare of the inhabitants of the City of Anna, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general. welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. 71 Passed and approved on the day of ' -. ATTEST: CITY SECRETARY, CITY OF ANNA, TEXAS _`