HomeMy WebLinkAboutOrd 481-2010 Licensing Requirements for Sexually Oriented Businesses.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. "f'-J,Olf2.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS REPEALING CONFLICTING
ORDINANCES; PROVIDING LICENSING REQUIREMENTS FOR SEXUALLY
ORIENTED BUSINESSES AND EMPLOYEES OF SEXUALLY ORIENTED
BUSINESSES; PROVIDING DEFINrnONS; PROVIDING CRITERIA FOR
DE"rERMINING ELIGIBILITY; PROVIDING ADDITIONAL REGULATIONS AND
DEFINING OFFENSES; PROVIDING PROCEDURES FOR APPLICATION, REVIEW,
APPROVAL AND REVOCATION OF LICENSES; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE;
PROVIDING A PENALTY CLAUSE NOT TO EXCEED $2,000; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, there is the potential for the location of Sexually Oriented Businesses in the
City of Anna ("City") and such businesses require special supervision from the public
safety agencies to protect and preserve the health, safety and welfare of the patrons of
such businesses as well as the citizens of the City; and
WHEREAS, the City Council finds that Sexually Oriented Businesses are frequently
used for unlawful sexual activities, including prostitution and sexual liaisons of the
casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the City which demands reasonable regulations of Sexually Oriented
Businesses to protect the health and well-being of the citizens; and
WHEREAS, licensing has been authorized and endorsed by the Texas legislature, and
is a legitimate and reasonable means of accountability to ensure that Operators of
Sexually Oriented Businesses comply with reasonable regulations and to ensure that
the Operators do not knowingly allow their establishments to be used as places of illegal
sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that Sexually Oriented
Businesses, because of their very nature, have a deleterious effect on both the existing
businesses around them and the surrounding residential areas adjacent to them,
causing increased crime and the downgrading of property value; and
WHEREAS, it is recognized that Sexually Oriented Businesses, due to their nature,
have serious objectionable operational characteristics, particularly when they are
CITY OF ANNA, TEXAS ORDINANCE NO. ¥II" J()/O PAGE 1 OF 40
located in close proximity to each other, thereby contributing to urban and rural blight
and downgrading the quality of life in the adjacent areas; and
WHEREAS, the City Council desires to: minimize and control these adverse effects and
thereby protect the health, safety and welfare of the citizens; prevent 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 and case law acknowledging the
physiological and sexual distinction between male and female breasts has been
reviewed; and
WHEREAS, it is not the intent of the City Council to condone or legitimize the promotion
of obscene material; and
WHEREAS, the City Council recognizes that applicable state law prohibits the
promotion of obscene materials, and the City Council expects and encourages state law
enforcement officials to enforce state obscenity statutes against any such illegal
activities in the City of Anna; and
WHEREAS, the City Council, as elected representatives of the citizens of the City of
Anna, has a duty to investigate the feasibility of adopting reasonable regulations to
protect the citizens of the City from activities that have adverse effects which are
harmful to the health, safety and general welfare of the citizenry; and
WHEREAS, the City Council has conducted public meetings concerning Sexually
Oriented Businesses; and
WHEREAS, the City Council has received reports and heard testimony from staff and
attorneys at such public meetings regarding the secondary effects of such businesses,
including increased crime, prostitution, drug use and other illegal activities, and
depreciation of property values; and
WHEREAS, the following studies and reports regarding the adverse secondary effects
associated with Sexually Oriented Businesses have been reviewed by City staff and the
findings and conclusions of said studies have been presented to and reviewed by the
City Council:
1) A report prepared by Richard McCleary, Ph.D. in association with Alexi
Alexander, J.D., Larry Bush, M.A., and Mark Vasquez, B.A. entitled "Survey of
Texas Appraisers Secondary Effects of Sexually-Oriented Businesses on Market
Values."
CITY OF ANNA, TEXAS ORDINANCE NO. I.fll-20/0 PAGE20F40
2) An article by Richard McCleary and Alan C. Weinstein, entitled "Do 'Off-Site'
Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and
Empirical Evidence."
3) A report prepared by the Amarillo, Texas Planning Department entitled "A Report
on Zoning and Other Methods of Regulating Adult Entertainment in Amarillo."
4) A report prepared by the Beaumont, Texas Planning Department entitled
"Regulation of Adult Uses."
5) "A Report on the Secondary Impact of Adult Use Businesses in the City of
Denver," prepared by multiple city departments for Denver City Council.
6) A report by Richard McCleary, Ph.D., and James W. Meeker, J.D., Ph.D., entitled
"Final Report to the City of Garden Grove: The Relationship Between Crime and
Adult Business Operations on Garden Grove Boulevard."
7) A report prepared by the Indianapolis, Indiana Department of Metropolitan
Development Division of Planning entitled "Adult Entertainment Businesses in
Indianapolis: An Analysis."
8) "A Study of Sexually Oriented Businesses in Kansas City," by Eric Damian Kelly,
FAICP, and Connie B. Cooper, FAICP, Kansas City, Missouri.
9) A report prepared by the Los Angeles, California Department of City Planning
entitled "Study of the Effects of the Concentration of Adult Entertainment
Establishments in the City of Los Angeles."
10)A report by the Newport News, Virginia Department of Planning and
Development entitled "Adult Use Study."
11)"Adult Entertainment Study," prepared by the Department of City Planning, New
York City, New York.
12)A report by the Oklahoma City, Oklahoma Community Development Department
Planning Division entitled "Adult Entertainment Businesses in Oklahoma City: A
Survey of Real Estate Appraisers."
13)"Adult Business Study," by City of Phoenix, Arizona Planning Department.
14)"Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul,"
City of Saint Paul Division of Planning, Department of Planning and
Management; and Community Crime Prevention Project, Minnesota Cities Crime
Control Planning Board.
CITY OF ANNA, TEXAS ORDINANCE NO. 'III-j{)10 PAGE 3 OF 40
1S)A report of the Seattle, Washington Department of Construction and Land Use
entitled "Directors Report: Proposed Land Use Code Text Amendment-Adult
Cabarets."
16}A memorandum from the Assistant Chief of Police of the City of Tucson, Arizona
to the City Prosecutor entitled "Adult Entertainment Ordinance."
17}A report of the Whittier, California Planning Department Staff entitled
"Amendment to Zoning Regulations; Adult Business in C-2 Zone with Conditional
Use Permit."
18)"Everything You Always Wanted to Know about Regulating Sex Businesses,"
Planning Advisory Services Report, American Planning Association. Eric Damian
Kelly, FAICP and Connie B. Cooper, FAICP.
19)5urvey of Appraisers Fort Worth & Dallas, "Effects of Land Uses on Surrounding
Property Values," Duncan Associates, Eric Damien Kelly, FAICP, and Connie B.
Cooper, FAICP; and
WHEREAS, such studies differentiate between the secondary effects of Sexually
Oriented Businesses that provide on-site entertainment and those that are retail
facilities that sell goods intended for off-site consumption; and
WHEREAS, based on the secondary effects studies, testimony, case law and other
information before it, the City Council has made the following legislative findings of fact:
A. That certain conduct occurring on the premises of Sexually Oriented Businesses
is detrimental to the public health, safety and general welfare of the citizens of
the City and, therefore, such conduct must be regulated; and
B. That Sexually Oriented Businesses are associated with and promote prostitution,
illegal drug use and other criminal activity that constitute an immediate threat to
the public peace, health, morals and safety; and
C. That regulation of Sexually Oriented Businesses is necessary because in the
absence of such regulation, significant criminal activity, including prostitution,
illegal drug use, disruptive behavior and high-risk sexual conduct that may result
in health hazards, has historically and regularly occurred; and
D. That Sexually Oriented Businesses have a deleterious effect on both the existing
businesses around them and the surrounding residential areas adjacent to them,
causing increased crime and downgrading of property values; these deleterious
effects create a legitimate concern of the City to protect property values,
CITY OF ANNA, TEXAS ORDINANCE NO. 1{8/-J 0/0 PAGE 4 OF 40
business interests and generally protect the City from urban blight associated
with Sexually Oriented Businesses; and
E. That Sexually Oriented Businesses have serious objectionable operational
characteristics, particularly when they are located in close proximity to each
other, thereby contributing to urban blight; and
F. That sexually oriented videos and films shown in sexually oriented video viewing
booths are available for viewing, purchase or rental in other businesses which
are less harmful to the health, safety and welfare of the community, and therefore
sexually oriented video viewing booths should be prohibited in favor of other
venues; and
G. That the secondary effects precipitated by establishment of a Sexually Oriented
Business can be substantially mitigated by requiring separation of the Sexually
Oriented Business from Residential Uses and places of public assembly and
from one another; and
H. That retail-only Sexually Oriented Businesses with no on-premises entertainment
have deleterious effects on surrounding commercial, residential and public
properties by causing increased crime and adversely affecting property values
and the marketability of surrounding properties; and
I. That at the present time there are no Sexually Oriented Businesses known to be
operating in the City; and
J. That, as a consequence of greater visual impacts and impacts on property
values, distances separating Sexually Oriented Businesses from Residential
Uses, places of assembly and educational institutions and other land uses should
be greater than the normal distances between commercial establishments in the
City; and
K. That certain Sexually Oriented Businesses involving touching between
Employees and clients (Sexual Encounter Center, sexually oriented
entertainment studio, sexually oriented motels, sexually oriented video viewing
arcades, bath houses, body painting studios, and massage parlors) promote
prostitution and other criminal behavior and thus the touching between
Employees and clients of a Sexually Oriented Business should be prohibited; and
WHEREAS, based on evidence concerning the adverse secondary effects of adult IJses
on the community presented in hearings and in reports made available to the City
CITY OF ANNA, TEXAS ORDINANCE NO. 'IfL -2 0 It> PAGE50F40
Council, and on findings incorporated in the cases of H & A Land Corp v. City of
Kennedale,480 F.3d 336, 1 (5th Cir. Tex. 2007), cert. den. 128 S. Ct. 196, 169 LEd.
2d 36 (U.S. 2007); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. Minn. 1994),
cert. den. 513 U.S. 1017, 115 S. Ct. 578,130 LEd. 2d493 (1994); City of Renton v.
Playtime Theatres, Inc., 475 U.S. 41 (1986). Young v. American Mini Theatres, 426
U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's
A.M., TDA "Kandyland, " 529 U.S. 277 (2000), and City of Los Angeles v. Alameda
Books, Inc., 121 S. Ct. 1223 (2001) and on studies in other communities including, but
not limited to. Phoenix. Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis,
Indiana; Amarillo. Texas; Garden Grove, California; Los Angeles, California; Whittier,
California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland,
Ohio; and Beaumont. Texas; and also on findings from the Report of the Attorney
GeneralIs Working Group on the Regulation of Sexually Oriented Businesses. (June 6,
1989. State of Minnesota), the City Council makes the further legislative findings:
A. That Sexually Oriented Businesses lend themselves to ancillary unlawful and
unhealthy activities that are generally uncontrolled by the Operators of the
establishments. Further. mechanisms are needed to make the owners of these
establishments responsible for the activities that occur on their premises; and
B. That certain Employees of some Sexually Oriented Businesses defined in this
ordinance engage in higher incidence of certain types of illicit sexual behavior
than employees of other establishments; and
C. That sexual acts, including, but not limited to. masturbation and oral and anal
sex, occur at Sexually Oriented Businesses, especially those which provide
private or semiprivate booths or cubicles for viewing films, videos. or live sex
shows; and
D. That offering and providing such space encourages such activities, which creates
unhealthy conditions, undesirable incidental effects and increases the possibility
of the spread of communicable diseases; and
E. That persons frequent certain Adult Theaters, Adult Arcades, and other Sexually
Oriented Businesses for the purpose of engaging in sexual activity within the
premises of such Sexually Oriented Businesses; and
F. That engaging in physical contact at a Sexually Oriented Business is not a form
of expression protected by the First Amendment; and
G. That at least 50 communicable diseases may be spread by activities that occur in
Sexually Oriented Businesses, including, but not limited to, syphilis; gonorrhea;
human immunodeficiency virus infection (HIV-AIDS); genital herpes; hepatitis B.
non-A, and non-B; amebiasis; salmonella infections and shigella infections; and
H. That from 1999 to 2002 there has been an increasing cumulative number of
reported cases of AIDS caused by the human immunodeficiency virus (HIV) in
CITY OF ANNA, TEXAS ORDINANCE NO. LfSJ"",2 0 If) PAGE60F40
the United States --25,174 in 1999; 25,522 in 2000; 25,643 in 2001; and 26,464
in 2002, compared to 1982 when only 600 cases were reported; and
I. That the number of cases of early (less than one year) syphilis in the United
States reported annually has risen. with 33,613 cases reported in 1982 and
45,200 through November of 1990; and
J. That the number of cases of gonorrhea in the United States reported annually
remains at a high level, with more than one-half million cases being reported in
1990; and
K. That the surgeon general of the United States in his report of October 22, 1986,
advised the American public that AIDS and HIV infection may be transmitted
through sexual contact, intravenous drug abuse, exposure to infected blood and
blood components. and from an infected mother to her newborn; and
L. That according to the best scientific evidence, AIDS and HIV infection, as well as
syphilis and gonorrhea, are principally transmitted by sexual acts; and
M. That sanitary conditions in some Sexually Oriented Businesses are unhealthy, in
part, because the activities conducted there are unhealthy, and, in part, because
of the unregulated nature of the activities and the failure of the owners and the
Operators of the facilities to self-regulate those activities and maintain those
facilities; and
N. That numerous studies and reports have determined that semen is found in the
areas of Sexually Oriented Businesses where persons view Adult oriented films;
and
O. That numerous studies and reports have determined that areas around Sexually
Oriented Businesses experience increased criminal activity, including increased
property crimes, violent crimes and sex crimes; and
P. That the findings above raise substantial governmental concerns; and
Q. That Sexually Oriented Businesses have operational characteristics that should
be reasonably regulated in order to protect those substantial governmental
concerns; and
R. That a reasonable licensing procedure is an appropriate mechanism to apply to
the owners and the Operators of the Sexually Oriented Businesses. Further,
such a licensing procedure will place an incentive on the Operators to see that
the Sexually Oriented Business is operated in a manner consistent with the
health, safety and welfare of its patrons and Employees, as well as the citizens of
the City. It is appropriate to require reasonable assurances that the Licensee is
the actual Operator of the Sexually Oriented Business, fully in possession and
control of the premises and activities occurring therein; and
CITY OF ANNA, TEXAS ORDINANCE NO. IINJ ... ~O/f) PAGE70F40
S. That removal of doors on adult booths and requiring sufficient lighting and
visibility by a Manager or third party on premises with adult booths advances a
substantial governmental interest in curbing the illegal and/or unsanitary sexual
activity occurring therein; and
T. That requiring Licensees of Sexually Oriented Businesses to keep information
regarding current Employees and certain past Employees will help reduce the
incidence of certain types of criminal behavior by facilitating the identification of
potential witnesses or suspects and by preventing Minors from working in such
establishments; and
U. That the disclosure of certain information by those persons ultimately responsible
for the day-to-day operation and maintenance of the Sexually Oriented Business,
where such information is substantially related to the significant governmental
interest in the operation of such uses, will aid with the prevention of the spread of
sexually transmitted diseases; and
V. That it is desirable in the prevention of the spread of communicable diseases to
obtain a limited amount of information regarding certain Employees who may
engage in the conduct that this ordinance is designed to prevent or who are likely
to be witnesses to such activity; and
W. That the fact that an applicant for an adult use license has been convicted of a
sexually related crime leads to the rational assumption that the applicant may
engage in that conduct in contravention of this ordinance; and
X. That the barring of such individuals from the management of adult uses for a
period of years serves as a deterrent to and prevents conduct which leads to the
transmission of sexually transmitted diseases and sex related crimes; and
Y. That the general welfare, health, morals and safety of the citizens of the City will
be promoted by the enactment of this ordinance; and
WHEREAS, the City Council desires to minimize and control the adverse secondary
effects associated with Sexually Oriented Businesses and thereby protect the health,
safety and welfare of the citizenry, preserve the quality of life, preserve property values
and the character of surrounding neighborhoods and to deter the spread of urban blight;
and
WHEREAS, it is not the intent of this ordinance or any previously enacted ordinance to
suppress or limit any speech activities protected by the First Amendment to the United
States Constitution, but to enact a content neutral, reasonable time, place and manner
regulation that effectively addresses the harmful secondary effects associated with
Sexually Oriented Businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
CITY OF ANNA, TEXAS ORDINANCE NO. '181-j bLD PAGE 8 OF 40
Section 1. All ordinances directly in conflict with this ordinance are hereby repealed
to the extent of such conflict.
Section 2. Incorporation of recitals and findings.
The recitals and findings preceding Section 1 of this ordinance are hereby incorporated
into this ordinance as if set forth in full for all purposes.
Section 3. Regulation of Sexually Oriented Businesses.
3.01 Purpose and intent.
It is the purpose of this ordinance 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 harmful location and
concentration of Sexually Oriented Businesses within the City and to minimize the
deleterious secondary effects of sexually oriented businesses both inside such
businesses and outside in the surrounding communities. The provisions of this
ordinance have neither the purpose nor the effect of imposing a limitation or restriction
on the content of any communicative materials or performances, including sexually
oriented materials. Similarly, it is neither the intent nor effect of this ordinance to
restrict or deny access to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of sexually oriented
materials, entertainment or performances to their intended market. Neither is it the
intent nor effect of this ordinance to condone or legitimize the distribution of obscene
material. This ordinance, including but not limited to its penalty provisions, is intended
to apply to all individuals, groups of two or more individuals, proprietorships,
partnerships, corporations, limited liability companies, associations, or other legal
entities.
3.02 Definitions.
The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Achromatic means colorless, lacking in saturation or hue, without limitation, grays,
tans and light earth tones shall be included, but white and black and any bold
coloration that attracts attention shall be excluded from the definition of Achromatic.
Adult Arcade means any place to which the public is permitted or invited wherein coin
operated or slug-operated or electronically, electrically, or mechanically controlled still
CITY OF ANNA, TEXAS ORDINANCE NO. '-1ft-3010 PAGE 9 OF 40
or motion picture machines, projectors, or other image-producing devices are
maintained to show images to five or fewer persons per machine at anyone 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 Audio or Video Center means any place at which any of the following activities
occurs:
(a) inbound or outbound telephone or other audio communications in which a topic
or purpose of the communication between an occupant of the premises and a
third party is the discussion or description of Specified Sexual Activities or
Specified Anatomical Areas or is otherwise pornographic In nature for
consideration;
(b) video or audio broadcasting, whether live, delayed, by film, by tape recording or
otherwise, of Specified Sexual Activities, Specified Anatomical Areas or
pornographic material for consideration; or
(c) filming, taping or otherwise creating video or audio recordings, including but not
limited to, films, movies, video tapes, DVDs, audio tapes or compact discs, that
are broadcast, sold, manufactured or distributed for consideration.
Adult Bookstore, Adult Novelty Store 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 anyone or more of
the following:
(a) books, magazine, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides, or other visual
representations that depict or describe Specified Sexual Activities or Specified
Anatomical Areas; or
(b) Instruments, devices, or paraphernalia that are designed for use in connection
with Specified Sexual Activities or designed to sexually depict Specified
Anatomical Areas.
Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
(a) persons who appear in a State of Nudity;
(b) live performances which are characterized by the exposure of Specified
Anatomical Areas or by Specified Sexual activities; or
CITY OF ANNA, TEXAS ORDINANCE NO. 'If/'J.tJ/O PAGE 10 OF 40
(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.
Adult Motel means a hotel, motel or similar commercial establishment which:
(d) 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 Anatomical Areas or by Specified Sexual
Activities; and has a sign visible from the public right-of-way which advertises
the availability of such photographic reproductions;
(e) offers a sleeping room for rent for a period of time that is less than 10 hours; or
(f) allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than 10 hours.
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 or
descriptions of Specified Anatomical Areas or by Specified Sexual Activities.
Adult Theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear Nude or in a Semi-Nude
Condition for live performances that are characterized by the exposure of Anatomical
Areas or by Specified Sexual Activities.
Chief of Police means the Chief of Police for the City or his or her designee.
City means the City of Anna, Texas.
City Manager means the City Manager for the City or his or her designee.
Employee means a Person who performs any service on the premises of a Sexually
Oriented Business on a full-time, part-time or contract basis, whether or not the
Person is designated an employee, independent contractor, agent or otherwise and
whether or not said Person is paid a salary, wage or other compensation by the
Operator of said business. Employee does not include a Person exclusively on the
premises for repair or maintenance of the premises or equipment on the premises, or
for the delivery of goods to the premises.
Entertainer means a Person paid to provide entertainment to customers at a Sexually
Oriented Business; entertainment may consist of dancing, singing, modeling, acting,
other forms of performing, or individual conversations with customers whereby the
CITY OF ANNA, TEXAS ORDINANCE NO. '181-JOIb PAGE 11 OF 40
entertainer is paid any form of remuneration directly or indirectly for such
conversations.
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 or Specified Sexual Activities for
another Person.
Escort Agency means a Person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its business purposes, for a fee, tip,
or other consideration.
Establishment, when used as a verb, 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.
License refers to both a Sexually Oriented Business license and a Sexually Oriented
Business Employee license, unless otherwise specified.
Licensee means a Person in whose name a license to operate a Sexually Oriented
Business has been issued, as well as the individual listed as an applicant on the
application for a license; and in the case of an Employee license, a Person in whose
name a license has been issued authorizing employment in a Sexually Oriented
Business.
Manager means a Person designated by the owner or Operator of a Sexually Oriented
Business to be responsible for the operation of such business at a particular location
at a particular time; when the owner, proprietor, or other principal in the business is
present, such Person may be considered the Manager.
Manager's Station means an office or place within a structure allowing for a Manager
to have visual observation of places and persons within the structure as required and
defined within this section.
Minor means a natural person under the age of 18 years.
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. Nude model studio shall not include a
CITY OF ANNA, TEXAS ORDINANCE No.lff/'d.% PAGE 12 OF 40
proprietary school licensed by the state or a college, junior college or university
supported entirely or in part by public taxation; a private college or university which
maintains and operates educational programs in which credits are transferable to a
college, junior college, or university supported entirely or partly by taxation; or in a
structure:
(a) That has no sign visible from the exterior of the structure and no other advertising
that indicates a Person in a State of Nudity or Semi-Nude is available for viewing;
(b) Where in order to participate in a class a student must enroll at least three days
in advance of the class; and
(c) Where no more than one model who is in a State of Nudity or is Semi-Nude is on
the premises at anyone time.
Nudity or a State of Nudity means the showing of the human male or female genitals,
pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque, meaning
non-translucent, covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple or areola, or the showing of the covered
male genitals in a discernibly aroused state.
On-Site Card shall mean the personal photographic identification card for an
Employee issued by the Chief of Police that must be provided by the Employee to the
Manager or on-site Manager in charge of the Sexually Oriented Business as set forth
herein.
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, or
Licensee of the business.
Operator means any Person who has managerial control of the on-site, day-to-day
operations of a Sexually Oriented Business, regardless of whether that Person is a
designated operator of the Sexually Oriented Business.
Person means an individual, a group of two or more individuals, proprietorship,
partnership, corporation, limited liability company, association, or other legal entity.
Personal Card means the personal photographic identification card for an Employee
issued by the Chief of Police that must be displayed on the Employee as set forth
herein.
Principal means over 35% of customers, volume of sales, stock in trade, display
areas, or presentation time, or any combination thereof in any three-month increment
period beginning from the date of issuance of a certificate of occupancy. Stock in trade
CITY OF ANNA, TEXAS ORDINANCE NO. ~81'-J. 010 PAGE 13 OF 40
shall be measured with all titles or objects available on the premises for sale or rental,
including those that are identical being considered a separate title or object.
Property means a tract of real property.
Residential Use means a single family, townhouse, condominium, duplex, triplex,
fourplex, mobile home, manufactured home, or multiple-family dwelling.
Semi-Nude or in a Semi-Nude Condition means the showing of the female breast
below a horizontal line across the top of the areola at its highest point or the showing
of the male or female buttocks. This definition shall include the entire lower portion of
the human female breast, but shall not include any portion of the cleavage of the
human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other
wearing apparel provided the nipple or areola is not exposed in whole or in part.
Sexual Encounter Center means a business or commercial enterprise that for any
form of consideration:
(a) Any form of physical contact, including massage, by a Person of the buttock,
anus, male genitals, female genitals, or female breast of another Person for the
primary purpose of sexual stimulation or sexual gratification and regardless of
whether any of the persons is in a State of Nudity or Semi-Nude; or
(b) Body painting of the buttock, anus, male genitals, female genitals, or female
breast of another Person, whether those of the patron or Employee, for the
primary purpose of sexual stimulation or sexual gratification and regardless of
whether any of the persons is in a State of Nudity or State of Nudity or Semi
Nude. Sexual Encounter Centers do not include any massage establishment
lawfully registered under Texas Occupations Code, Chapter 455, as amended, at
which services are only provided by persons registered as a massage therapist
under Texas Occupations Code, Chapter 455, as amended.
Sexually Oriented Business means an Adult Arcade, Adult Audio or Video Center, Adult
Bookstore, Adult Novelty Store, Adult Video Store, Adult Cabaret, Adult Motel, Adult
Motion Picture Theater, Adult Theater, Escort Agency, Nude Model Studio, or Sexual
Encounter Center or other commercial enterprise a Principal 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 the customer. Sexually
Oriented Businesses do not include: (i) a bookstore, movie theater, or video store,
unless that business is an Adult Bookstore, Adult Motion Picture Theater, or Adult Video
Store; (ii) a business operated by or employing a licensed psychologist, licensed
physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber
engaged in performing functions authorized under the license held; or (iii) a business
operated by or employing a licensed physician or licensed chiropractor engaged in
practicing the healing arts. A commercial establishment may have other business
purposes that are not a Sexually Oriented Business or related to a Sexually Oriented
CITY OF ANNA, TEXAS ORDINANCE NO. q g I 'l% PAGE 140F40
Business. Such other business purposes will not serve to exempt such commercial
establishments from being categorized as a Sexually Oriented Business so long as one
of its business purposes is a Sexually Oriented Business.
Specified Anatomical Areas means:
(a) The human male genitals in a discernibly aroused state, even if completely and
opaquely covered; or
(b) Less than completely and opaquely covered human genitals, pubic region, vulva,
anus, anal cleft, buttocks or a female breast below a point immediately above the
top of the areola.
Specified Criminal Activity means any of the following offenses:
(a) Prostitution or promotion of prostitution; aggravated promotion of prostitution,
compelling prostitution; obscenity, dissemination of obscenity; sale, distribution or
display of harmful material to a Minor; sexual performance by a child; possession
or distribution of child pornography; public lewdness; indecent exposure;
indecency with a child; engaging in organized criminal activity; sexual assault or
aggravated sexual assault; incest, solicitation of a child or harboring a runaway
child; molestation of a child; gambling; offenses involving necrophilia or bestiality;
or distribution of a controlled substance; or any similar offenses to those
described above as well as criminal attempt, conspiracy or solicitation to commit
any of the foregoing offenses, under the criminal or penal statutes of the states,
country. county or city for which:
(1) Less than two years have elapsed since the date of conviction or the
date of release from the terms of community supervision. probation,
parole or deferred disposition or the date of release from confinement
imposed for the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
(2) Less than five years have elapsed since the date of conviction or the
date of conviction or the date of release from the terms of community
supervision, probation, parole or deferred disposition or the date of
release from confinement imposed for the conviction, whichever is the
later date, if the conviction is of a felony offense; or
(3) Less than five years have elapsed since the date of conviction or the
date of release from the terms of community supervision, probation,
parole or deferred disposition or the date of release from confinement
imposed for the 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.
CITY OF ANNA, TEXAS ORDINANCE NO. l.{8/""),010 PAGE 150F40
(b) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or a Person residing with the applicant.
Specified Sexual Activities mean any of the following:
(c) The fondling or other erotic touching of human genitals, pubic region, buttocks,
anus, or female breasts;
(d) Sex acts, normal or perverted, actual or simulated, including but not limited to,
intercourse, oral copulation, masturbation, or sodomy; or
(e) Excretory functions as part of or in connection with any of the activities set forth
in subsections (1) and (2) above.
Substantial Enlargement means the increase in floor areas occupied by the business
by more than 25%, as the floor areas exist on: (i) the date the ordinance from which
this ordinance is derived takes effect; or (ii) for any premises not used as a Sexually
Oriented Business on the date the ordinance from which this ordinance is derived
takes effect, the date an application for a License to use the premises as a Sexually
Oriented Business is received by the City designating the floor area of the structure or
proposed structure in which the Sexually Oriented Business will be conducted,
regardless of any subsequent changes in applicants, Licenses, owners, or Operators
of the premises or the Sexually Oriented Business.
Transfer of Ownership or Control means and includes any of the following:
(a) the sale, lease, or sublease of the business;
(b) the transfer of securities or ownership interests which constitutes 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 to which a transfer
of any 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.
3.03 Classification
Sexually Oriented Businesses are classified as follows:
(a) Adult Arcades;
(b) Adult Audio or Video Center;
(c) Adult Bookstores, Adult Novelty Stores or Adult Video Stores;
(d) Adult Cabarets;
(e) Adult Motels;
CITY OF ANNA, TEXAS ORDINANCE NO. ~g 1-dOlO PAGE 160F40
(1) Adult Motion Picture Theaters;
(g) Adult Theaters;
(h) Escort Agencies;
(i) Nude Model Studios; and
m Sexual Encounter Centers.
3.04 Location of Sexually Oriented Businesses
(a) A Person commits an offense if the Person Operates or Causes to be Operated a
Sexually Oriented Business in any zoning district other than as allowed by the
City's Comprehensive Zoning Ordinance, as amended.
(b) A Person commits an offense if the Person Operates or Causes to be Operated,
within the city limits, a Sexually Oriented Business on within 1,320 feet of any of
the following uses that are located within the city limits or its extraterritorial
jurisdiction (or any of the following proposed uses where any type application has
been filed and is pending or for which a permit has been granted):
(1) Property upon which a religious institution, church, synagogue, mosque,
temple or structure that is used primarily for religious worship and related
religious activities or Property owned by, or for the benefit of, a religious
organization that intends to use the Property for such purposes if such
ownership has been registered with the City;
(2) Property upon which a public or private educational facility, including but
not limited to, child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate
schools, junior high schools, middle schools, high schools, vocational
schools, secondary schools, continuing education schools, special
education schools, junior colleges, colleges and universities ("schools" or
"facilities" include the school grounds and related athletic or other
facilities regularly visited by students);
(3) Property any part of which is within: (i) a zoning district zoned for
Residential Use under the Comprehensive Zoning Ordinance of the City,
as amended; or (ii) an area designated for Residential Use on the City's
Comprehensive Plan and maps showing future uses;
(4) Property upon which is located a public park or recreational area which
has been designated for park or recreational activities, including but not
limited to, a park, playground, nature trails, swimming pool, golf course,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the City which
is under the control, operation, or management of a governmental entity,
public improvement district, or homeowner's association;
CITY OF ANNA. TEXAS ORDINANCE NO. '18/"'"J.o If) PAGE 170F40
(5) Property devoted to a Residential Use;
(6) Property upon which is located an entertainment business which is
oriented primarily towards children or family entertainment;
(7) Property upon which there is any premises or use licensed pursuant to
the Texas Alcoholic Beverage Code or upon which there is any premises
or use that is the subject of a pending application for a license or permit
governed by the Texas Alcoholic Beverage Code; or,
(8) Property upon which a business or establishment is open or operates 24
hours a day.
(c) A Person commits an offense if the Person Operates or Causes to be Operated,
within the city limits, a Sexually Oriented Business within 500 feet of the right-of
way of any of the following roadways located within the city limits or its
extraterritorial jurisdiction:
(1) U.S. Highway 75/Central Expressway;
(2) State Highway 5;
(3) State Highway 121; and
(4) Farm to Market Road 455.
(d) A Person commits an offense if that Person causes or permits the operation,
establishment, Substantial Enlargement, or Transfer of Ownership or Control of a
Sexually Oriented Business within 1,320 feet of another Sexually Oriented
Business.
(e) A Person commits an offense if that Person causes or permits the operation,
establishment, or maintenance of more than one classification of 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.
(f) For the purpose of subsections 3.04(b) of this ordinance, measurement shall be
made in a straight line, without regard to intervening structures or objects,
between the point on the property line of the Property upon which a Sexually
Oriented Business is operated (or proposed to be operated) to the point on the
property line of the Property upon which one or more of the uses listed in
subsection 3.04(b) exist (or are proposed to exist under any type of permit
application) that results in the shortest distance between said property lines.
(g) For the purpose of subsections 3.04(c) of this ordinance, measurement shall be
made in a straight line, without regard to intervening structures or objects,
between the point on the property line of the Property upon which a Sexually
Oriented Business is operated (or proposed to be operated) to the point on the
CITY OF ANNA. TEXAS ORDINANCE NO. LlS/-'J DIf) PAGE 180F40
boundary of the right of way in question that results in the shortest distance
between the property line and the edge of said right of way.
(h) For purposes of subsection 3.04(d) of this section, the distance between any two
Sexually Oriented Businesses shall be measured in a straight line, without regard
to the intervening structures or objects or political boundaries, between the
respective points on the property lines of each Property used (or sought to be
used) as a Sexually Oriented Business that results in the shortest distance
between said property lines.
(i) Presence of a city, county or other political subdivision boundary shall not affect
the measurement of the distance requirements of this ordinance.
(j) Any Sexually Oriented Business lawfully operating prior to the effective date of
this ordinance that is in violation of one or more subsections of this Section 3.04
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, including but not limited to, suspension or revocation of License, or
voluntary discontinuance 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 1,320 feet of one another and otherwise in a permissible
location, the Sexually Oriented Business which was first lawfully established and
continually operating at a particular location is the conforming use and the later
established business is nonconforming.
(k) 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 use listed in subsection
3.04(b) of this section within 1,320 feet of the Sexually Oriented Business or a
location listed in subsection 3.04{c) of this section within 500 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 been revoked.
(I) A Person commits an offense if that Person causes or permits the operation,
establishment, or maintenance of a Sexually Oriented Business within any tax
increment financing zone, public improvement district or road district established
by the City.
3.05 License Required
(a) It shall be unlawful for any Person to operate or maintain a Sexually Oriented
Business in the City without a valid Sexually Oriented Business License issued
by the City pursuant to this ordinance for the premises at which the Sexually
CITY OF ANNA, TEXAS ORDINANCE NO. 'lSI ~ 2tJID PAGE 190F40
Oriented Business is operating, or to operate such business after such License
has expired or has been revoked or suspended by the City.
(b) It is unlawful for any Person, Entertainer, server, Employee, Manager, Operator
or owner to knowingly perform any work, service or entertainment directly related
to the operation of an unlicensed Sexually Oriented Business.
(c) It is unlawful for any Person who owns, manages or operates a Sexually
Oriented Business to have an Employee or to employ a Person, regardless of the
nature of the employment, who works for the Sexually Oriented Business who is
not licensed as a Sexually Oriented Business Employee by the City pursuant to
this ordinance.
(d) It is unlawful for any Person to obtain employment, regardless of the nature of
the employment relationship, with a Sexually Oriented Business without having
secured a Sexually Oriented Business Employee License pursuant to this
ordinance.
(e) It is unlawful for any Person to fail to have at least one Manager, who has a
Sexually Oriented Business Employee License and who is responsible for
ensuring compliance with this ordinance, on-duty and working at any time the
Sexually Oriented Business is open for business.
(f) The failure to post a Sexually Oriented Business License in the manner required
herein shall be prima facie evidence that such business has not obtained such a
License. In addition, it shall be prima facie evidence that any Entertainer,
Employee, Manager or owner who performs any business, service or
entertainment in a Sexually Oriented Business in which a Sexually Oriented
Business License is not posted in the manner required herein had knowledge
that such business is not licensed.
(g) A separate License is required for each Sexually Oriented Business. A Sexually
Oriented Business License shall be issued only for the one Sexually Oriented
Business use listed on the application. Any change in the type of Sexually
Oriented Business use shall invalidate the Sexually Oriented Business License
and require the Licensee to obtain a new License for the change in use. The
establishment or maintenance of more than one Sexually Oriented Business in
the same building, structure or portion thereof is prohibited.
(h) Each Sexually Oriented Business License and each Sexually Oriented Business
Employee License shall expire one year from the date of issuance and may be
renewed only by making application for renewal. Application for renewal shall be
made at least 30 business days prior to the expiration date, and when made less
than 30 business days before the expiration date, the License will still expire on
its expiration date. When the City denies renewal of a License, the applicant shall
not be issued a License for one year from the date of denial. If, subsequent to
CITY OF ANNA, TEXAS ORDINANCE NO. ,/8/').0/0 PAGE 200F40
denial, the City finds that the basis for denial of the renewal License has been
corrected or abated, the applicant may be granted a License if at least 90
business days have elapsed since the date the denial became final.
(i) Sexually Oriented Business Licenses and Sexually Oriented Business Employee
Licenses are nontransferable.
3.06 License Application and Fees
(a) An application for a Sexually Oriented Business License or a Sexually Oriented
Business Employee License shall be submitted to the Chief of Police on a form
provided by the City and shall be sworn to as true and correct.
(b) All applicants must be qualified according to the provisions of this ordinance. The
application may request and the applicant shall provide such information
(including fingerprints) as to enable the City to determine whether the applicant
meets the qualifications established in this section.
(c) Only a Person who is an officer of or who has an ownership interest in, a
Sexually Oriented Business may apply for a Sexually Oriented Business License.
An individual wishing to operate a Sexually Oriented Business must sign the
application as the applicant. If a Person who wishes to operate a Sexually
Oriented Business is other than an individual, each individual having the power to
control or direct its operations, each individual who is an officer and/or each
individual having a 20% or greater ownership interest in the Sexually Oriented
Business must sign the application for a License as the applicants. Such persons
include, but are not limited to, general partners, officers, directors, and controlling
shareholders or owners. Each applicant must be qualified under this ordinance
and each applicant shall be considered a Licensee if a License is granted. Each
application must be sworn to be true and correct by each applicant.
(d) The completed application for a Sexually Oriented Business License shall
contain the following information and be accompanied by the following
documents:
(1) If the applicant is:
i) An individual, the individual shall state such Person's legal name and
any aliases and submit proof that such Person is at least 18 years of
age;
ii) A partnership, the partnership shall state its complete name, the date
of its formation, evidence that the partnership is in good standing
under the laws of the state and if not a Texas partnership, its state of
formation, the names and capacity of all partners and officers, whether
the partnership is general, limited or otherwise, a copy of the
CITY OF ANNA, TEXAS ORDINANCE NO. Lf81 '" J.OLD PAGE 21 OF40
partnership agreement or certificate of partnership, if any, and the
official name and address to be used for process of service on the
partnership; and/or
iii) A corporation, limited liability company or other legal entity, the entity
shall state its complete name, the date of its incorporation or
formation, evidence that the entity is in good standing under the laws
of the state of formation and if not a Texas entity, the state of
incorporation or formation, the names and capacity of all officers,
directors and contrOlling stockholders or owners, and the name of the
registered agent and the address of the registered office for service of
process.
(2) If the applicant intends to operate the Sexually Oriented Business under
a name other than that of the applicant; the application must:
i) state the Sexually Oriented Business's fictitious name or business
owner's fictitious name; and
ii) submit the required registration and assumed name documents.
(3) Whether the applicant, or a Person residing with the applicant, has been
convicted of a specified criminal activity, and, if so, the specified criminal
activity involved, the date, place, and jurisdiction of each conviction. and
the date of release from confinement, if applicable.
(4) Whether the applicant, or a Person residing with the applicant, has had a
previous License under this ordinance or other similar Sexually Oriented
Business provisions from another city or county denied, suspended or
revoked, including the name and location of the Sexually Oriented
Business for which the permit was denied, suspended or revoked, the
date of the denial, suspension or revocation, and whether the applicant
or a Person residing with the applicant has been a partner in a
partnership or an officer, director or principal stockholder or owner of a
corporation or other legal entity that is licensed under this ordinance
whose License has previously been denied, suspended or revoked,
including the name and location of the Sexually Oriented Business for
which the permit was denied, suspended or revoked, and the date of
denial, suspension or revocation.
(5) Whether the applicant or a Person residing with the applicant holds any
other Licenses under this ordinance or other similar Sexually Oriented
Business regulations from another city or county and, if so, the names
and locations of such other licensed businesses.
CITY OF ANNA, TEXAS ORDINANCE NO. L/f /"JOtD PAGE 22 OF 40
(6) The classification of the Sexually Oriented Business for which the
applicant is seeking the License. A Sexually Oriented Business may only
have one classification to be eligible for a License.
(7) The location of the proposed Sexually Oriented Business, including a
legal description of the property, street address, telephone number, if
any, and the dates a notice sign was posted as required by this
ordinance or state law.
(8) The applicant's mailing address and residence address.
(9) For each applicant, a copy of a valid state driver's license with photo, or
a valid state identification card with photo. The originals of the required
forms of identification shall be presented to the Chief of Police for
inspection prior to the issuance of a License.
(10) The applicant's driver's license number and state of issuance.
(11) A sketch or diagram showing the configuration of the premises, including
all entrances, exits, doorways and windows, a statement of total floor
space occupied by the business, prepared and sealed by an architect or
engineer, 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.
(12) A current certificate and straight-line drawing prepared within 30 days
prior to application by a registered land surveyor depicting the property
lines and the structures containing any existing Sexually Oriented
Businesses within 1,320 feet of the property to be certified; the property
lines or bou ndaries of the uses, rights of way. and locations described in
subsections 3.04(b) and (c) of this ordinance and their respective
distances from the Property to be certified. For purposes of this
ordinance, a use shall be considered existing or established if it is in
existence or owned by such type of user at the time an application is
submitted.
(13) If an applicant wishes to operate a Sexually Oriented Business, other
than an Adult Motel, which shall exhibit on the premises, in a viewing
room or booth of less than 150 square feet of floor space, films,
videocassettes, other video reproductions. or live entertainment which
depict Specified Sexual Activities or Specified Anatomical Areas, then
the applicant shall comply with the additional application requirements
set forth in section 3.15.
(14) A statement whether the applicant or a Person with whom applicant is
residing is delinquent in payment to the City of taxes, fees, fines or
penalties.
CITY OF ANNA, TEXAS ORDINANCE NO. '181"JO/lJ PAGE230F40
(e) The completed application for a Sexually Oriented Business Employee License
shall contain the following information and shall be accompanied by the following
documents:
(1) The applicant's name or any other name (including "stage" names) or
aliases used by the individual.
(2) Age, date, and place of birth.
(3) Height, weight, hair and eye color.
(4) Present residence address and telephone number.
(5) Present business address and telephone number.
(6) A copy of a valid state driver's license with photo, or a valid state
identification card with photo. The originals of the required forms of
identification shall be presented to the Chief of Police for inspection prior
to the issuance of a License.
(7) Proof that the individual is at least 18 years of age.
(8) A color photograph of the applicant clearly showing the applicant's face,
and the applicant's fingerprints on a form provided by the City. Any fees
for the photographs and fingerprints shall be paid by the applicant.
(9) A statement detailing the license history of the applicant for the five years
immediately preceding the date of the filing of the application, including
whether such applicant previously operated or is seeking to operate, in
this or any other county, city, state, or country, has ever had a license,
permit, or authorization to do business denied, revoked, or suspended,
or had any professional or vocational license or permit denied, revoked,
or suspended. In the event of any such denial, revocation, or
suspension, state the name, the name of the issuing or denying
jurisdiction, and describe in full the reason for the denial, revocation, or
suspension. A copy of any order of denial, revocation, or suspension
shall be attached to the application.
(10) A statement whether the applicant has been convicted of one or more
Specified Criminal Activities as defined in this ordinance and, if so, the
specified criminal activity involved, the date, place and jurisdiction of
each conviction, and the date of release from confinement, if applicable.
CITY OF ANNA, TEXAS ORDINANCE NO. '181' a,% PAGE 24 OF 40
(11) A statement whether the applicant or a Person with whom applicant is
residing is delinquent in payment to the City of taxes, fees, fines or
penalties.
(f) All Employees of a Sexually Oriented Business existing prior to the passage of
this ordinance must submit an application for a Sexually Oriented Business
Employee License required by this ordinance no later than 60 days from the
effective date of this ordinance and any Employee failing to do so shall not
continue to work on the premises of a Sexually Oriented Business if he/she fails
to submit an application within 60 days or if the application for License is denied.
Any Person who fails to timely submit an application for a License as required by
this subsection, or any Person operating Sexually Oriented Business who allows
an Employee to continue working who is not in compliance with this subsection
or who fails to receive a License shall be considered to be in violation of this
section.
(g) Each application for a Sexually Oriented Business License, or renewal thereof,
shall be accompanied by a non-refundable application fee of $3,000. Each
application for a Sexually Oriented Business Employee License, or renewal
thereof, shall be accompanied by a non-refundable application fee of $500. An
application shall not be considered filed until the required fee is paid and the
application is complete in all respects and all information and documentation
required by the application form has been submitted.
(h) Each applicant shall sign a waiver and authorization form authorizing the Chief of
Police to request on behalf of the applicant criminal history from the Texas
Department of Public Safety and other appropriate state and federal agencies.
The applicant shall pay all fees and costs associated with such request for
criminal history.
(i) Each License issued by the Chief of Police shall include two photographic
identification cards, a Personal Card and an On-Site Card.
(j) If any Personal Card or On-Site Card is lost or stolen, the holder thereof shall
immediately notify the Chief of Police and request a replacement, which shall be
issued for a fee established by resolution of the City Council within three days
following verification of the identity of the holder.
3.07 Sign requirements
The following requirements apply for posting a sign concerning intent to locate
Sexually Oriented Businesses.
(a) An applicant for a Sexually Oriented Business License for a location for which a
Sexually Oriented Business License has not previously been issued shall post an
outdoor sign at the location in compliance with Texas Local Government Code,
CITY OF ANNA, TEXAS ORDINANCE NO. liSI;,2 OIQ PAGE 250F40
Section 243.0075, as amended, not later than the 60th day before submitting the
application for a Sexually Oriented Business License.
(b) The sign shall comply with the following and Texas Local Government Code,
Section 243.0075, as amended:
(1) The sign must be at least 24 by 36 inches in size;
(2) All letters must be at least two inches in height and one and one-half
inches in width for each letter on the sign;
(3) The sign shall state that a Sexually Oriented Business is intended to be
located on the premises;
(4) The sign shall provide the name and business address of the owner and
Operator;
(5) All required information must be presented in both English and Spanish;
(6) All required information must read horizontally from left to right; and
(7) The sign shall be prominently posted such that it is clearly legible from
the public right-of-way.
(c) The Operator of a proposed Sexually Oriented Business shall notify the Chief of
Police, by certified mail or hand delivery, when a sign is posted at the intended
location of the business in cornpliance with Texas Local Government Code,
Section 243.0075, as amended. The notification must be in the form of a sworn
statement indicating the location of the sign and the date it was posted and must
be received by the Chief of Police within fIVe days after the posting of the sign. If
the Chief of Police receives the notification within five days after the sign was
posted, the 60-day posting period required by Texas Local Government Code,
Section 243.0075 shall be deemed to begin on the posting date. If the notification
is received by the Chief of Police more than five days after the sign was posted,
the 60-day posting requirement shall be deemed to begin on the date the Chief of
Police verifies the sign has been posted.
(d) When a sign is posted at a proposed location of a Sexually Oriented Business
and the proposed location is not in violation of the distance requirements set out
in this ordinance on the posting date, the Sexually Oriented Business will qualify
as a conforming use with regard to the distance requirements and during its
operation as a conforming use will not be rendered nonconforming by any
location, subsequent to the posting of the sign, of the use or location described in
subsections 3.04(b) and (c) within 1,320 feet of the posted location.
(e) Subsection (d) above of this section does not apply if:
CITY OF ANNA, TEXAS ORDINANCE NO. 'lf/"~O 10 PAGE 26 OF 40
(1) a completed application for a License for a proposed Sexually Oriented
Business is not filed with the Chief of Police within 20 days after the
expiration of the 60-day posting requirement under Texas Local
Government Code, Section 243.0075, as amended;
(2) the application for a License is withdrawn or denied; or
(3) the notification requirements of subsection (b) above are not met.
3.08 Issuance of License
(a) Upon the filing of a complete application for a Sexually Oriented Business
Employee License, the Chief of Police shall issue a temporary License, valid for
30 business days, to said applicant. If the Sexually Oriented Business Employee
License is denied, the temporary License previously issued is immediately
deemed null and void. The application shall then be referred to the appropriate
city departments for an investigation to be made on such information as is
contained on the application. The investigation shall be completed within 25
business days from the date the completed application was filed. Upon
completion of the investigation, the Chief of Police shall issue a License, not later
than 30 business days from the date the completed application was filed, unless
it is determined by a preponderance of the evidence that one or more of the
following are true:
(1) the application contains false, fictitious or fraudulent information or the
applicant has failed to provide information reasonably necessary for
issuance of the License or has falsely answered a question or request for
information on the application form;
(2) the applicant is a Minor;
(3) the applicant has been convicted of a specified criminal activity;
(4) the Sexually Oriented Business Employee License is to be used for
employment in a business prohibited or unlicensed by local or state law,
statute, rule or regulation, or prohibited by a particular provision of this
ordinance;
(5) the applicant has had a Sexually Oriented Business Employee License
revoked by the City within two years of the date of the current
application;
(6) the License application fee and/or costs required by this ordinance have
not been paid; or
CITY OF ANNA, TEXAS ORDINANCE NO. '18/"'lDID PAGE 27 OF 40
(7) the applicant or a Person with whom applicant is residing is delinquent in
payment to the City of taxes, fees, fines or penalties.
(b) Sexually Oriented Business Licenses and Sexually Oriented Business Employee
Licenses issued pursuant to this ordinance shall be subject to annual renewal
upon the written application of the applicant and a finding by the Chief of Police
that the applicant has not been convicted of any specified criminal activity or
committed any act during the existence of the previous License, which would be
grounds to deny the initial License application. The renewal of the License shall
be subject to the payment of a License renewal application fee established by
resolution of the City Council from time to time.
(c) Upon the filing of a complete application for a Sexually Oriented Business
License, the application shall be referred to the appropriate city departments for
an investigation to be made on such information as is contained on the
application. The investigation shall be completed within 25 business days from
the date the completed application was filed. Upon completion of the
investigation, the Chief of Police shall issue a License not later than 30 business
days from the date the completed application was filed, unless it is determined by
a preponderance of the evidence that one or more of the following are true:
(1) An applicant is a Minor;
(2) An applicant or a Person with whom applicant is residing is delinquent in
payment to the City of taxes, fees, fines or penalties, including but not
limited to those related to the Sexually Oriented Business or the property
on which the Sexually Oriented Business is located;
(3) The application contains false, fictitious or fraudulent information or the
applicant has failed to provide information reasonably necessary for
issuance of the License or has falsely answered a question or request for
information on the application form;
(4) An applicant or a Person with whom the applicant is residing has been
denied a License by the City to operate a Sexually Oriented Business
within the preceding 12 calendar months or whose License to operate a
Sexually Oriented Business has been revoked within the preceding 12
calendar months;
(5) An applicant or a Person with whom the applicant is residing has been
convicted of a specified criminal activity;
(6) The premises to be used for the Sexually Oriented Business have not
been approved by the police department, fire department, development
services department, the building official, health department or other city
CITY OF ANNA, TEXAS ORDINANCE NO. 'i8 J.... JOI D PAGE 28 OF 40
department or applicable governmental agency as being in compliance
with applicable laws and ordinances;
(7) The License application fee and/or costs required by this ordinance have
not been paid; or
(8) An applicant of the proposed establishment is in violation of or is not in
compliance with any of the provisions of this ordinance, the
Comprehensive Zoning Ordnance, or any other applicable city
ordinance, as may be amended.
(d) The Sexually Oriented Business License, if issued, shall state on its face the
name of the Person or Persons to whom it is issued, the expiration date, the
address of the Sexually Oriented Business and the classification for which the
License is issued. All Sexually Oriented Business Licenses shall be posted in a
conspicuous place at or near the entrance to the Sexually Oriented Business so
that they may be easily read at any time the establishment is occupied or open
for business. A Sexually Oriented Business License is only valid for the premises
for which it was issued. The Sexually Oriented Business Employee License, if
granted, shall state on its face the name of the Person to whom it is granted, the
expiration date and the address of the applicant. The holder of a Sexually
Oriented Business Employee License shall have the License available for
inspection at the premises where such Person is working pursuant to the
authority granted under the License. The holder of a Sexually Oriented Business
License shall be responsible for verifying that each Employee holds a valid
Sexually Oriented Business Employee License and for maintaining copies of
such Employee Licenses on the premises.
(e) A Sexually Oriented Business License shall be issued for only one classification.
3.09 Inspection
(a) As a condition for the issuance of a License, an applicant or Licensee shall
permit representatives of the city administration, police department, health
department, fire department, and building inspection department 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 Licensee or 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 City as set forth in subsection (a) above at
any time the Sexually Oriented Business is occupied or open for business and at
other reasonable times upon request.
CITY OF ANNA, TEXAS ORDINANCE NO. 'ifI ";'0/0 PAGE 29 OF 40
3.10 Suspension
(a) The Chief of Police shall suspend a License for a period not to exceed 30
calendar days if the Chief of Police determines that a Licensee or an Employee
of a Licensee has:
(1) Violated or is not in compliance with any section of this ordinance; or
(2) Refused to allow an inspection of the Sexually Oriented Business premises as
authorized by this ordinance.
(b) A Sexually Oriented Business may not operate while the Sexually Oriented
Business License issued for that business is suspended. The holder of a
Sexually Oriented Business Employee License may not work on the premises of
a Sexually Oriented Business while that Employee's License is suspended,
except as allowed by section 3.12.
3.11 Revocation
(a) The Chief of Police shall revoke a License if a cause of suspension in section
3.09 occurs and the License has been suspended within the preceding 12
months.
(b) The Chief of Police shall revoke a License if the Chief of Police determines that:
(1) A Licensee gave false or misleading information in the material
submitted during the application process;
(2) A Licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises of the Sexually Oriented Business or failed
to report such activities to the police;
(3) A Licensee has knowingly allowed prostitution on the premises of the
Sexually Oriented Business or failed to report such activities to the
police;
(4) A Licensee knowingly operated the Sexually Oriented Business during a
period of time when the Licensee's License was suspended;
(5) Except in the case of an Adult Motel, a Licensee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation, or
other sex act to occur in or on the licensed premises;
(6) A Licensee is delinquent in payment to the City of taxes, fees, fines or
penalties, including but not limited to those related to the Sexually
CITY OF ANNA, TEXAS ORDINANCE NO. 'Igl .... JOIl> PAGE 30 OF 40
Oriented Business or the property on which the Sexually Oriented
Business is located; or
(7) A Manager, having a Sexually Oriented Business Employee License,
responsible for ensuring compliance with this ordinance is not on-duty
and working at any time the premises is open for business.
(c) When the Chief of Police revokes a License, the revocation shall continue for one
year, and the Licensee shall not be issued a License for one year from the date
the revocation became effective. If, subsequent to revocation, the Chief of Police
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.
3.12 Appeal
(a) Any applicant for a License who is denied a License or the holder of any License
that is suspended or revoked shall have the right to appeal such decision to the
City Manager. The appeal may be made by filing with the City Manager within 10
business days after notice of the denial, suspension or revocation has been
received, a written statement setting forth fully the grounds for the appeal and the
name. mailing address, facsimile number and/or email address, and telephone
number to be used by the City to provide notice of an appeal hearing as required
by subsection (b), below.
(b) The City Manager shall provide for a hearing on such appeal and shall notify the
appellant and Chief of Police in writing of the date, time and location of such
hearing at least seven calendar days prior to the hearing, unless appellant
agrees in writing to a shorter period. The appeal shall be decided on the basis of
a preponderance of the evidence. For purposes of this ordinance, notice by
facsimile or hand delivery shall be considered delivered on the date of fax, or
delivery, if faxed or delivered prior to 5:00 p.m. (local time of the recipient). and if
after 5:00 p.m. it shall be considered delivered on the next day. Notice sent by
U.S. mail shall be deemed delivered on the second day following deposit in the
United States mail.
(c) The decision of the City Manager shall be made no later than 30 business days
after receipt of notice of the appeal unless waived by the appellant. The decision
of the City Manager is final.
(d) If the appellant being denied a License renewal holds an un-revoked,
unsuspended License for the preceding year, such Person shall be permitted to
continue to operate under the existing License until a final decision is made by
the City Manager under this section, unless the Chief of Police determines from
evidence or information presented to it that continued operation or work by the
appellant would constitute a continuing and imminent threat to the public welfare;
CITY OF ANNA, TEXAS ORDINANCE NO. t.Jtl""A. DID PAGE 31 OF 40
however, if said License expired prior to the denial of the renewal, the License
shall be considered expired and the appellant may not use the expired License.
(e) An appellant appealing the suspension or revocation of a License may continue
to use such License until a final decision is made by the City Manager, unless the
City Manager determines 'from evidence or information presented to him/her that
continued operation or work by the appellant would constitute a continuing and
imminent threat to the public welfare.
(f) The decision of the City Manager may be appealed to the state district court of
Collin County, Texas. An appeal to the state district court must be filed within 30
days after notice of the decision of the City Manager is delivered to the applicant
or licensee in accordance with this ordinance. The applicant or licensee shall
bear the burden of proof in court. The filing of an appeal to state district court
stays a suspension or revocation of the license, or denial of renewal of a license
that was valid on the date the application for renewal was submitted, pending a
judicial determination of the appeal by the trial court.
3.13 Transfer of License
A Licensee commits an offense if the Licensee transfers or attempts to transfer a
License to another Person or entity, or operates a Sexually Oriented Business under
the authority of a License at any place other than at the address for which the License
was issued.
3.14 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 rebuttable presumption that the
establishment is an Adult Motel as the 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, he rents or subrents a sleeping room to a Person,
and within 10 hours from the time the room is rented, he rents or subrents the
same sleeping room again.
(c) For purposes of this Section 3.14, the terms "rent" or "subrent" mean the act of
permitting a room to be occupied for any form of consideration.
3.15 Additional Regulations Pertaining To Exhibition Of Sexually Explicit Films,
Videos or Live Entertainment in Viewing Rooms
(a) A Person who Operates or Causes to be Operated a Sexually Oriented
Business, other than an Adult Motel, which exhibits on the premises in a viewing
room, booth, stall or partitioned portion of a room having less than 150 square
CITY OF ANNA, TEXAS ORDINANCE NO. 1/8/"",2 bID PAGE 32 OF 40
feet of floor space, a film, or other video reproduction or live entertainment which
depicts Specified Sexual Activities or Specified Anatomical Areas, has the duty to
comply with the 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. A
Manager's Station may not exceed 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 inches. The City may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was
previously submitted and certifies that the configuration of the premises
has not been altered since it was prepared.
(2) No alteration in the configuration or location of a Manager's Station may
be made without the prior approval of the Chief of Police.
(3) At least one licensed Employee must be on duty and situated in each
Manager's Station at all times that any patron is present inside the
premises. 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.
(4) 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. No viewing area shall have a door, half-door, curtain, portal
partition or other divider unless at least one side is completely open to an
adjacent public room and a Manager's Station so that the area inside is
visible to persons in the adjacent public room and a Manager's Station.
(5) The viewing area specified herein must remain unobstructed by any
doors, curtains, partitions, walls, merchandise, display racks or other
materials and, at all times, to ensure that no patron is permitted access
CITY OF ANNA, TEXAS ORDINANCE NO. 'iN/.... J.OJO PAGE 33 OF 40
to any area of the premises which has been designated as an area in
which patrons will not be permitted as set forth in the application filed
pursuant to subsection 3.15 (a)(1) of this section.
(6) No viewing area may be occupied by more than one Person at any time.
(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 five foot candles as
measured at the floor level.
(8) The illumination described in subsection 3.15(a)(7) above must be
maintained at all times that any patron is present in the premises.
(9) There shall be no openings of any kind to exist between viewing areas.
(10) No Person shall make or attempt to make or allow to be maintained an
opening of any kind between viewing areas. A solid metal barrier in
which an opening cannot be easily made shall be used in the wall
construction between viewing areas within 48 inches of the floor.
(11) The Licensee shall, during each business day, regularly inspect the walls
between the viewing areas to determine if any openings or holes exist.
(12) The Licensee shall cause all floor coverings in viewing areas to be
nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13) The Licensee shall cause all wall surfaces and ceiling surfaces in
viewing areas to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood, composition
board or other porous material shall be used within 48 inches of the floor.
A Person having a duty under subsection 3.15(a)(1) through (12) above
commits an offense if such Person fails to fulfill that duty.
3.16 Additional Regulations for Escort Agencies
(a) An Escort Agency shall not employ any Minor.
(b) A Person commits an offense if he acts as an Escort or agrees to act as an
Escort for any Minor.
3.17 Additional Regulations for Nude Model Studios
(a) A Nude Model Studio shall not employ any Minor.
CITY OF ANNA, TEXAS ORDINANCE NO. t{g L., AWl) PAGE 34 OF 40
(b) A Minor commits an offense if he 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 Minor was in a restroom, not open to public view or persons of
the opposite sex or visible to any other Person, so long as there was not more
than one Person in a restroom stall.
(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 bed, sofa or mattress in any
room on the premises, except that a sofa may be placed in a reception room
open to the public.
(e) An Employee of a Nude Model Studio, while exposing any Specified Anatomical
Areas, commits an offense if the Employee touches a patron or clothing of a
patron.
(f) A patron at a Nude Model Studio commits an offense if the patron touches an
Employee who is exposing any Specified Anatomical Areas or touches the
clothing of the Employee.
(g) A Licensee or an Employee of a Nude Model Studio commits an offense if he/she
permits any customer access to an area of the premises not visible from the
Manager's Station or not visible by a walkthrough of the premises without
entering a closed area, excluding a restroom.
3.18 Sexual Encounter Centers Prohibited
(a) Sexual Encounter Centers are prohibited. No License shall be issued for the
operation of a Sexual Encounter Center.
(b) A Person commits an offense if the Person owns, Operates or Causes to be
Operated a Sexual Encounter Center. Any Person in control of the premises shall
be presumed to be operating the Sexual Encounter Center.
3.19 Additional Regulations Concerning Public Nudity and Employees
(a) It shall be an offense for a Person to knowingly and intentionally appear in a
State of Nudity or to depict Specified Sexual Activities in a Sexually Oriented
Business.
(b) It shall be an offense for a Person to knowingly or intentionally appear in a State
of Nudity or Semi-Nude Condition in a Sexually Oriented Business unless the
Person is an Employee who, while Semi-Nude, shall be at least six feet from any
CITY OF ANNA, TEXAS ORDINANCE NO. 'I'J,2010 PAGE 350F40
patron or customer and on a stage at least two feet from the floor level used by
patrons.
(c) It shall be an offense for an Employee to solicit any payor gratuity from any
patron while said Employee is Semi-Nude in a Sexually Oriented Business.
(d) It shall be an offense for any patron to payor give any gratuity to any Employee
while said Employee is in a State of Nudity or Semi-Nude in a Sexually Oriented
Business.
(e) It shall be an offense for an Employee to touch a patron or the clothing of a
patron while said Employee is Semi-Nude in a Sexually Oriented Business.
(f) It shall be an offense for a patron in a Sexually Oriented Business to touch an
Employee who is in a State of Nudity or is Semi-Nude, or to touch the clothing of
an Employee who is in a State of Nudity or is Semi-Nude.
(g) Each Manager or Entertainer shall conspicuously display his Personal Card upon
his Person at all times while acting as an Entertainer or Manager of or in a
Sexually Oriented Business.
(h) Each Manager or Entertainer shall provide his On-Site Card to the Manager or
onsite Manager in charge of the Sexually Oriented Business to hold while the
Manager or Entertainer is on the premises of the Sexually Oriented Business.
3.20 Prohibition Against Minors in a Sexually Oriented Business
(a) Except as provided in subsection 3.20(b) below, a Person commits an offense if
the Person knowingly allows a Minor on the premises of a Sexually Oriented
Business. It shall be unlawful for any Minor to enter or be on the premises of a
Sexually Oriented Business at any time the Sexually Oriented Business is open
for business.
(b) No Person under the age of 21 shall be permitted on the premises of a Sexually
Oriented Business where persons appear in a State of Nudity or a state of semi
Nudity. A Person commits an offense if the Person knowingly allows a Person
under the age of 21 years on the premises of a Sexually Oriented Business
where persons appear in a State of Nudity or Semi-Nude. It shall be unlawful for
any Person under the age of 21 years to enter or be on the premises of a
Sexually Oriented Business, where persons appear in a State of Nudity or Semi
Nudity, at anytime such Sexually Oriented Business is open for business.
CITY OF ANNA, TEXAS ORDINANCE NO. 'III"~()10 PAGE 36 OF 40
3.21 Hours of operation
No Sexually Oriented Business, except for an Adult Motel, may remain open at any
time except between the hours of 10:00 a.m. and 10:00 p.m. Monday through
Saturday, and 12:00 p.m. (noon) and 10:00 p.m. on Sunday.
3.22 Alcoholic beverage sales and consumption prohibited
(a) It shall be an offense for any Person that maintains, owns, or operates a Sexually
Oriented Business to serve or offer for sale for consumption-or permit to be
consumed-alcoholic beverages anywhere on the premises of the Sexually
Oriented Business.
3.23 Signs and exterior portions
(a) A Person commits an offense if the Person allows:
(1) The merchandise or activities of the Sexually Oriented Business to be
visible from any point outside the premises;
(2) Any exterior portion of the premises of a Sexually Oriented Business to
have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, graphics or pictorial representations of any manner except for
the words or letters allowed under subsection (b), below;
(3) Any sign to exist that does not comply with any of the City's sign
regulations as they exist or may be amended; or
(4) Any exterior portion of the premises of a Sexually Oriented Business to
be any color other than a single Achromatic color, unless the following
conditions are met:
i) the premises is part of a commercial multi-unit development; and
ii) the exterior portions of each premises or unit in the commercial multi
unit development, including the exterior of the Sexually Oriented
Business, are the same color as one another or are colored in such a
way as to be a component of the overall architectural style or pattern
of the commercial multi-unit development.
(b) A Sexually Oriented Business is limited to one attached sign with an area not
exceeding that calculated by multiplying the lease space frontage by two feet,
and in no case greater than 100 square feet in area, and one freestanding sign
not exceeding six feet in height and 35 square feet in area. No sign visible from
any point outside the premises shall contain photographs, silhouettes, drawings,
or pictorial representations of any manner, and may contain only:
CITY OF ANNA, TEXAS ORDINANCE NO. PAGE 370F40'/8/'J.O/D
(1) the name of the establishment; and/or
(2) one of the following phrases:
i) "Adult Arcade";
ii) "Adult Audio Center" or "Adult Video Center";
iii) "Adult Bookstore";
iv) "Adult Novelty Store";
v) "Adult Video Store";
vi) "Adult Cabaret";
vii) "Adult Motel";
viii) "Adult Motion Picture Theater";
ix) "Adult Theater";
x) "Escort Agency"; or
xi) "Nude Modeling Studio".
(3) a Person commits an offense by installing or causing to be installed any
sign in violation of this section or by allowing the continued display of an
unlawful sign.
(4) should any part of this section conflict with the City's sign regulations as
amended, the more restrictive provision of any relevant portion of either
this section or the City's sign regulations as amended shall govern to the
exclusion of any less restrictive rules or regulations.
(c) No Sexually Oriented Business shall be conducted in any manner that permits
the observation of any material depicting, describing or relating to Specified
Sexual Activities or specifies anatomical areas by display, sign, show window or
other opening from any public view.
(d) A sign shall be conspicuously displayed in the common area of an Adult Cabaret
or Adult Theater that shall read as follows:
"THIS ADULT ENTERTAINMENT ESTABLISHMENT IS
GOVERNED BY RESTRICTIONS PROMULGATED UNDER
ORDINANCE BY THE CITY OF ANNA.
Entertainers and employees are:
(1) Not permitted to engage in any type of sexual conduct;
(2) Not permitted to be unclothed, clothed in less than
opaque attire, or to move or remove such attire, or allow
such attire to be moved or removed so as to expose to view
any portion of the pubic region, anus, buttocks, vulva or
genitals, or any portion of the female breast below the top of
the areola except upon a stage at least two feet above the
immediate floor level and removed at least six feet from the
nearest patron; and (3) Not permitted to demand or collect
CITY OF ANNA, TEXAS ORDINANCE NO. '/81 ... J{)•If) PAGE 380F40
any payment or gratuity from any patron for entertainment
before its completion."
3.24 Injunction
A Person who Operates or Causes to be Operated a Sexually Oriented Business
without a valid License or who violates this ordinance is subject to a suit for injunction
as well as prosecution for criminal violations.
3.25 Enforcement
(a) Whenever a Person does an act that is prohibited, fails to perform an act that is
required, or commits an act that is made an offense by any provision of this
ordinance or any other ordinance regulating Sexually Oriented Businesses, the
violation is punishable by a fine not to exceed $2,000, or other applicable law. A
Person violating a provision of this ordinance is guilty of a separate offense for
each day or part of a day during which the violation is committed, continued, or
permitted.
(b) Except where otherwise specified, a culpable mental state is not required for the
commission of an offense under this ordinance.
(c) It is a defense to prosecution under section 3.17 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; or a college, a junior
college, or a university supported entirely or partly by governmental
taxation;
(2) by a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college. or university supported entirely or partly by taxation; or
(3) in a structure:
i) Which has no sign visible from the exterior of the structure and no
other advertising that indicates a Person is available for viewing who
is in a State of Nudity or is Semi-Nude; and
ii) Where, in order to participate in a class a student must enroll at least
three days in advance of the class; and
iii) Where no more than one model who is in a State of Nudity or is Semi
Nude is on the premises at anyone time.
Section 4. That all provisions of the ordinances or Code regulations of the City in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions of the ordinances or Code regulations of the City not in conflict with
CITY OF ANNA, TEXAS ORDINANCE NO. '18/"JOIIJ PAGE 390F40
the provisions of this ordinance shall remain in full force and effect. The following
ordinances are expressly repealed in their entirety: Ordinance No. 338'2007, Ordinance
No. 342-2007, and Ordinance No. 346-2007.
Section 5. That should any word, sentence, paragraph, subdivision, clause, phrase
or section of this ordinance, be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance, which shall
remain in full force and effect.
Section 6. That any Person violating any of the provisions or terms of this ordinance
shall be subject to the same penalty as provided for in the Code of Ordinances of the
City of Anna as heretofore amended and upon conviction shall be punished by a fine
not to exceed the sum of $2,000 for each offense.
Section 7. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Code of Ordinances of the City of Anna,
as amended, in effect when the offense was committed and the former law is continued
in effect for this purpose.
Section 8. That this ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such cases
provides.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 12th
day of January, 2010.
ATTEST: APPROVED:
CITY OF ANNA, TEXAS ORDINANCE NO. "11'2~/D PAGE 40 OF 40