ORD 1998-07TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 98-07
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ADOPTING REGULATIONS RELATING TO
SEXUALLY ORIENTED BUSINESSES; PROVIDING
DEFINITIONS; PROVIDING THAT A LICENSE NIUST BE
OBTAINED PRIOR TO THE OPERATION OF A SEXUALLY
ORIENTED BUSINESS, STANDARDS FOR THE ISSUANCE
OF A LICENSE, AND STANDARDS FOR THE EXPIRATION
SUSPENSION, AND REVOCATION OF A LICENSE;
PROVIDING FOR AN APPEAL FOR THE DENIAL,
SUSPENSION, OR REVOCATION OF A LICENSE;
PROVIDING STANDARDS RELATING TO THE LOCATION
OF SEXUALLY ORIENTED BUSINESSES AND
EXEMPTIONS THEREFROM; PROHIBITING THE
DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO
MINORS; PROVIDING FOR ENFORCEMENT; PROVIDING
A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE
SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is authorized by law, including Chapter
243, Tex. Loc. Gov. Code, to adopt ordinances regarding sexually oriented businesses as the
Town considers necessary to promote the public health, safety, or welfare; and
WHEREAS, the Town does hereby find that certain secondary negative effects result
from the operation of sexually oriented businesses, including prostitution, crime, and urban
blight; and
WHEREAS, in order to protect the health, safety, and welfare of the citizens of the
Town, and to protect the value, use, and enjoyment of existing developments from the
development and operation of sexually oriented businesses that would be inharmonious with such
existing developments, the Town Council desires to enact this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Purpose and Intent. It is the purpose of this Ordinance to regulate
sexually oriented businesses to promote the health, safety, and general welfare of the citizens
of the Town, and to establish reasonable and uniform regulations to prevent the concentration
of sexually oriented businesses within the Town. The provisions of this Ordinance have neither
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the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly, it is not the intent
nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market.
Section 2. Definitions. In this Ordinance:
A. 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 or motion picture machines, projectors, or other image -producing
devices are maintained to show images to five (S} or fewer persons per machine
at any one time, and where the images so displayed are distinguished or
characterized by the depicting or describing of "specified sexual activities" or
"specified anatomical areas."
B. Adult bookstore or adult video store means a commercial establishment which as
one of its principal business purposes openly advertises or displays or offers for
sale or rental for any form of consideration any one or more of the following:
1. books, magazines, periodicals or other printed matter, or photographs,
films,motion pictures, video cassettes or video reproductions, slides, or
other visual representations which depict or describe "specified sexual
activities" or "specified anatomical areas"; or
2. instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities."
C. Adult cabaret means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features:
1. persons who appear in a state of nudity or semi -nudity; or
17. live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
3. films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
D. Adult motel means a hotel, motel or similar commercial establishment which:
1. offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions which are characterized by
the depiction or description of "specified sexual activities" or "specified
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anatomical areas"; and has a sign visible from the public right of way which
advertises the availability of this type of photographic reproductions; or
2. offers a sleeping room for rent for a period of time that is less than ten (10)
hours; or
3. allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than ten (10) hours.
E. Adult motion picture theater means a commercial establishment where, for any
form of consideration, films, motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown which are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical
areas."
F. Adult theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features person who appear in a state of nudity or
semi -nudity or live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities."
G. Commission means the PIanning and Zoning Commission of the Town of Trophy
Club.
H. 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 privately perform a striptease for another person.
I. Escort agency means a person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip, or other consideration.
J. Establishment means and includes any of the following;
1. the opening or commencement of any sexually oriented business as a new
business;
2. the conversion of an existing business, whether or not a sexually oriented
business, to a sexually oriented business;
3. the addition of any sexually oriented business to any other existing
sexually oriented business; or
4. the relocation of any sexually oriented business.
K. 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.
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L. Nude model studio means any place where a person who appears in a state of
nudity or semi -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 other form of consideration.
M. Nudity or a state of nudity means the appearance of a human bare buttock, anus,
male genitals, female genitals, or female breast.
N. Person means an individual, proprietorship, trust, partnership, corporation,
association, or other legal entity.
O. Principal business means an establishment having a twenty percent (20%) or
greater interest of its stock and trade in books, magazines and other periodicals
of which said books, magazines and other periodicals are distinguished or
characterized by their emphasis on matter depicting, describing or relating to
"specified sexual activities" or "specified anatomical areas," or a twenty percent
(20%) or greater interest in other sexually related activities as defined by this
Ordinance.
P. School means any public or private nursery, preschool, day care center, learning
center, elementary or secondary school.
Q. Semi-nude means a state of dress in which clothing covers more than the genitals,
pubic region, and areola of the female breast, as well as portions of the body
covered by supporting straps or devices.
R. Se ural encounter center means a business or commercial enterprise that regularly
offers for any form of consideration;
1. physical contact in the form of wrestling or tumbling between persons of
the opposite sex; or
2. activities between male and female persons and/or persons of the same sex
when one or more of the persons is in a state of nudity or semi-nude.
S. Sexually oriented business means an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, or sexual encounter center.
T. Specified anatomical areas means human genitals in a state of sexual arousal.
U. Specified sexual activities means and includes any of the following:
1. the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
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2. sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy; or
3. masturbation, actual or simulated; or
4. excretory functions as part of or in connection with any of the activities
set forth in (1) through (3) above.
V. Substantial enlargement of a sexually oriented business means the increase in
floor area occupied by the business by more than twenty percent (20%), as the
floor area exists on the effective date of this Ordinance.
W. Transfer of ownership or control of a sexually oriented business means and
includes any of the following:
1. the sale, lease, or sublease of the business;
2. the transfer of securities or other ownership interest which constitute a
direct, indirect, legal, equitable or beneficial controlling interest in the
business, whether by sale, exchange, or similar means; or
3. the establishment of a trust, gift, or other similar Iegal device which
transfers the direct, indirect, legal, equitable or beneficial ownership or
control of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control
to a person meeting all of the requirements of Section 5 of this Ordinance,
who shall have notified the Commission of the transfer and furnished all
of the information required to be submitted in an application for a license,
within sixty (60) days of the transfer.
Section 3. Classification. Sexually oriented business is defined and classified as any
commercial establishment operating in the Town, in whole or in part, as any one or more of the
following;
1. adult arcade;
2. adult bookstore or adult video store;
3. adult cabaret;
4. adult motel;
5. adult motion picture theater;
6. adult theaters;
7. escort agency;
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8. nude model studio; and/or
9. sexual encounter center.
Section 4.License Required.
A. A person commits an offense if the person operates a sexually oriented business
without a valid license issued by the Town for the particular type of business.
B. An application for a license must be made on a formm provided by the
Commission. The application form shall be sworn to and shall: (i) include the name and address
of the applicant; (ii) state whether or not the applicant meets each of the requirements set forth
in Section 5 of this Ordinance; (iii) include the name and address of each person required to sign
the application pursuant to Section 4.D of this Ordinance, and the name, address and type of
entity (if applicable) of each person or entity owned or controlled by such person which owns
or controls an interest in the business to be Iicensed; and (iv) such other matters, consistent with
this Ordinance, as may be specified in the application form.
The application must be accompanied by a sketch or diagram showing the configuration
of the premises, including a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared but must be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus
six (6) inches. Applicants who must comply with Section 19 of this Ordinance shall submit a
diagram meeting the requirements of Section 19.
C. The applicant must be qualified according to the provisions of this Ordinance and
the premises must be inspected and found to be in compliance with the law by the fire
department and building official.
D. If a person who wishes to operate a sexually oriented business is an individual,
the person must sign an application for a license as applicant. If a person who wishes to operate
a sexually oriented business is other than an individual, each individual who directly or indirectly
through one or more intermediaries, owns or controls a ten percent (10) or greater interest in
the business must sign and submit, as an applicant, a separate application containing all
applicable information required by Section 4.13. of this Ordinance. Each applicant must be
qualified under Section 5 and each applicant shall be considered a licensee if a license is granted.
Section 5.1ssuance of License.
A. The Commission shall approve the issuance of and shall issue a license to an
applicant or the transfer by an applicant of all or any part of the applicant's ownership or control
of a sexually oriented business within thirty (30) days after receipt of an application unless the
Commission finds one or more of the following to be true:
1. An applicant is under eighteen (18) years of age.
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2. An applicant or an applicant's spouse is overdue in their payment to the Town of
taxes, fees, fines, or penalties assessed against them or imposed upon them in
relation to a sexually oriented business.
3. An applicant has failed to provide information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form.
4. An applicant or an applicant's spouse has been convicted of a violation of a
provision of this Ordinance, other than the offense of operating a sexually
oriented business without a license, within two (2) years immediately preceding
the application. The fact that a conviction is being appealed shall have no effect.
5. An applicant is residing with a person who has been denied a license by the Town
to operate a sexually oriented business within the preceding twelve (12) months,
or residing with a person whose license to operate a sexually oriented business
has been revolted within the preceding twelve (12) months.
6. The premises to be used for the sexually oriented business are not in compliance
with applicable zoning laws or have not been approved by the fire department and
the building official as being in compliance with applicable laws and ordinances.
7. The license fee required by this Ordinance has not been paid.
8. An applicant or the proposed establishment is in violation of or is not in
compliance with Sections 7, 13, 15, 16, 17, 18 or 20 of this Ordinance.
9. An applicant or an applicant's spouse has been convicted of a crime:
a, involving:
i. any of the following offenses as described in Chapter 43 of the
Texas Penal Code:
aa. prostitution;
bb. promotion of prostitution;
cc. aggravated promotion of prostitution;
dd. compelling prostitution;
ee. obscenity;
ff. sale, distribution, or display of harmful material to minor;
gg. sexual performance by a child;
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hh, possession of child pornography;
ii. any of the following offenses as described in Chapter 21 of the
Texas Penal Code:
aa. public lewdness,
bb. indecent exposure;
cc. indecency with a child;
sexual assault or aggravated sexual assault as described in Chapter
22 of the Texas Penal Code;
iv. incest, solicitation of a child, or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code;
V. criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses;
b. for which;
L less than two (2) years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
ii. less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
iii. less than five (5) years have elapsed since the date of the last
conviction or the date of release from confinement for the Iast
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or a combination of
misdemeanor offenses occurring within any twenty-four (24) month
period.
B. The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant's spouse.
C. The license, if granted, shall state on its face the name of the person or persons
to whom it is granted, the expiration date, and the address of the sexually
oriented business. The license shall be posted in a conspicuous place at or near
the entrance to the sexually oriented business so that it may be easily read at any
time.
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Section 5. Fees.
The annual fee for a sexually oriented business license is $500.00.
Section 7. Inspection.
A. At any time it is occupied or open for business, an applicant or license shall
permit representatives of the police department, fire department, and building inspection division
to inspect the premises of a sexually oriented business for the purpose of insuring compliance
with the law.
B. A person: (i) who operates a sexually oriented business, or (ii) whose agent or
employee operates the same, cornmits an offense if the person or person's agent or employee
refuses to permit a lawful inspection of the premises by a representative of the above described
departments at any time it is occupied or open for business.
Section 8. Expiration of License.
A. Each license shall expire one (1) year from the date of issuance and may be
renewed only by malting application as provided in Section 4 of this Ordinance. Application for
renewal should be made at least thirty (30) days before the expiration date, and when made less
than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B. When the Commission denies renewal of a license, the applicant shall not be
issued a license for one (1) year from the date of denial. If, subsequent to denial, the
Commission finds that the basis for denial of the renewal license has been corrected or abated,
the applicant may be granted a license if at least ninety (90) days have elapsed since the date
denial became final.
Section 9. Suspension. The Commission shall suspend a license for a period not to
exceed thirty (30) days if the Commission determines that a licensee or an agent or employee
of a licensee has:
A. violated or is not in compliance with Sections 7, 12, 13, 15, 16, 17, 18, 19 or
20 of this Ordinance;
B. engaged in the use of alcoholic beverages while on the sexually oriented business
premises (unless such use is otherwise permitted by law);
C. refused to allow an inspection of the sexually oriented business premises as
authorized by this Ordinance;
D. knowingly permitted gambling by any person on the sexually oriented business
premises;
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E. demonstrated inability to operate or manage a sexually oriented business in a
peaceful and law-abiding manner thus necessitating action by Iaw enforcement
officers.
Section 10. REVOCATION.
A. The Commission shall revoke a license if a cause of suspension in Section 9 of
this Ordinance occurs and the license has been suspended within the preceding twelve (12)
months.
B. The Commission shall revolve a license if the Commission determines that:
1. a license gave false or misleading information in the material submitted
to the Commission during the application process;
2. a licensee or an agent or employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
3. a licensee or an agent or employee has knowingly allowed prostitution on
the premises;
4. a licensee or an agent or employee knowingly operated the sexually
oriented business during a period of time when the licensee's license was
suspended;
5. a licensee has been convicted of an offense listed in Section 5A(9)(a)
hereof for which the time period required in Section 5A(9)(b) hereof has
not elapsed;
6. on two (2) or more occasions within a twelve (12) month period, a person
or persons committed an offense occurring in or on the licensed premises
of a crime listed in Section 5A(9)(a) hereof, for which a conviction has
been obtained, and the person or persons were agents or employees of the
sexually oriented business at the time the offenses were committed;
7. a licensee or an agent or employee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in or on the licensed premises. The term "sexual
contact" shall have the same meaning as it is defined in Section 21.01 of
the Texas Penal Code; or
8. a licensee is delinquent in payment to the Town for hotel occupancy taxes,
ad valorem taxes, or sales taxes related to the sexually oriented business.
C. The fact that a conviction is being appealed shall have no effect on the revocation
of the license,
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D. Subsection B(7) hereof does not apply to adult motels as a ground for revoking
the license unless the licensee or employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within
public view.
E. When the Commission revokes a license, the revocation shall continue for one (1)
year and the licensee shall not be issued a sexually oriented business license for one (1) year
from the date revocation became effective. If, subsequent to revocation, the Commission finds
that the basis for the revocation has been corrected or abated, the applicant may be granted a
license if at least ninety (90) days have elapsed since the date the revocation became effective.
If the license was revoked under Subsection B(5) hereof, an applicant may not be granted
another license until the appropriate number of years required under Section 5A(9)(b) hereof has
elapsed since the termination of any sentence, parole, or probation.
Section 11. Appeal. If the Commission denies the issuance of a license, or suspends
or revolves a license, the Commission shall send to the applicant, or licensee, by certified mail,
return receipt requested, written notice of the action and the right to an appeal. The aggrieved
party may appeal the decision of the Commission to the Town Council. The filing of an appeal
stays the action of the Commission in suspending or revoking a license until the Town Council
makes a final decision. If within a ten (10) day period the Commission suspends, revokes or
denies issuance of any license for any other sexually oriented business at the same location, then
the Commission may consolidate the request for appeals of those actions into one (1) appeal.
Section 12. Transfer of License. A licensee, including any applicant for a license,
shall not transfer his/her license or all or any part of his/her ownership or control of a sexually
oriented business to another, nor shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the address designated in the application.
Section 13. Location of Sexually Oriented Businesses.
A. A person commits an offense if the person operates or causes to be operated a
sexually oriented business within one thousand feet (1,000') of:
1. a church;
2. a School;
3. a boundary of a residential district or a NS Neighborhood Service district
as defined by the comprehensive zoning ordinance of the Town of Trophy
Club;
4. a public park;
5. the property line of a lot devoted to residential use; or
5. any county, state or federally owned or controlled land used for public
recreation.
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B. A person commits an offense if said person causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented
business located within one thousand feet (1,000') of another sexually oriented business.
C. A person, commits an offense if said person causes or permits the operation,
establishment, or maintenance of more than one sexually oriented business in the same building,
structure, or portion thereof, or the increase of floor area of any sexually oriented business in
any building, structure, or portion thereof containing another sexually oriented business.
D. For the purposes of Subsection A. of this Section, measurement shall be made in
a straight line, without regard to intervening structures or objects, from the nearest portion of
the building or structure used as a part of the premises where a sexually oriented business is
conducted, to the nearest property line of the premises of a church or School, or to the nearest
boundary of an affected public park, residential district, or residential lot.
E. For purposes of Subsection B. of this Section, the distance between any two (2)
sexually oriented businesses shall be measured in a straight line, without regard to intervening
structures or objects, from the closest exterior wall of the structure in which each business is
located.
F. Any sexually oriented business lawfully operating on the effective date of this
Ordinance, that is in violation of Subsections A., B., or C. of this Section shall be deemed a
nonconforming use. The nonconforming use will be permitted to continue for a period not to
exceed six (6) months, unless sooner terminated for any reason or voluntarily discontinued for
a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged,
extended or altered except that the use may be changed to a conforming use. If two (2) or more
sexually oriented businesses are within one thousand feet (1,000) of one another and otherwise
in a permissible location, the sexually oriented business which was first established and
continually operating at a particular location is the conforming use and the latter -established
business(es) is nonconforming.
G. A sexually oriented business lawfully operating as a conforming use is not
rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually
oriented business license, of a church, School, public park, residential distinct, or residential lot
within 1000 feet of the sexually oriented business. This provision applies only to the renewal
of a valid license, and does not apply when an application for a license is submitted after a
license has expired or has been revolted.
Section 14. Exemption from Location Restrictions.
A. If the Commission denies the issuance of a license to an applicant because the
location of the sexually oriented business establishment is in violation of Section 13 of this
Ordinance then the applicant may, not Iater than ten (10) calendar days after receiving notice of
the denial, file with the Town Secretary a written request for an exemption from the locational
restrictions of Section 13.
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B. If the written request is filed with the Town Secretary within the ten (10) day
limit, then the Town Council shall consider the request. The Town Secretary shall set a date
for the hearing within sixty (60) days from the date the written request is received.
C. A hearing by the Town Council may proceed if a quorum is present. The Town
Council shall hear and consider evidence offered by any interested person. The formal rules of
evidence do not apply.
D. The Town. Council may, in its discretion, grant an exemption from the locational
restrictions of Section 13 of this Ordinance if it makes the following findings:
That the location of the proposed sexually oriented business will not have
a detrimental effect on nearby properties or be contrary to the public
safety or welfare;
2. That the granting of the exemption will not violate the spirit and intent of
this Ordinance;
That the location of the proposed sexually oriented business will not
downgrade the property values or quality of life in the adjacent areas or
encourage the development of urban blight;
4. That the location of an additional sexually oriented business in the area
will not be contrary to any program of neighborhood conservation nor will
it interfere with any efforts of urban renewal or restoration; and
5. That all other applicable provisions of this Ordinance will be observed.
E. The Town Council shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided
on the basis of a preponderance of the evidence. The decision of the permit and license appeal
by the Town Council is final.
F. If the Town Council grants the exemption, the exemption is valid for one (1) year
from the date of the Town Council's action. Upon the expiration of an exemption, the sexually
oriented business is in violation of the locational restrictions of Section 13 until the applicant
applies for and receives another exemption.
G. If the Town Council denies the exemption, the applicant may not re -apply for an
exemption until at least twelve (12) months have elapsed since the date of the Town Council's
action.
H. The grant of an exemption does not exempt the applicant from any other
provisions of this Ordinance other than the locational restrictions of Section 13.
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Section 15. ADDITIONAL REGULATIONS FOR NUDE ESCORT AGENCIES.
A. An escort azn
gency shall not employ any person under the age of eighteen (18)
years.
B. A person commits an offense if said person acts as an escort or agrees to act as
an escort for any person under the age of eighteen (18) years.
Section 16. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
A. A nude model studio shall not employ any person under the age of eighteen (18)
years,
B. A person under the age of eighteen (18) years commits an offense if said person
appears in a state of nudity in or on the premises of a nude model studio. It is a defense to
prosecution under this subsection if the person under the age of eighteen (18) years was in a
restroom not open to public view or persons of the opposite sex.
C. A person commits an offense if said person appears in a state of nudity or
knowingly allows another person 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.
Section 17. Additional Rg lations for Adult Theaters and Adult Motion Picture
Theaters.
A. A person commits an offense if said person knowingly allows a person under the
age of eighteen (18) years to appear in a state of nudity or semi -nudity in or on the premises of
an adult theater or adult motion picture theater.
B. A person under the age of eighteen (18) years commits an offense if said person
knowingly appears in a state of nudity or semi -nudity in or on the premises of an adult theater
or adult motion picture theater.
C. It is a defense to prosecution under Subsection (A) and (B) of this Section if the
person under eighteen (18) years was in a restroom not open to public view or persons of the
opposite sex.
Section 18. Additional Regulations for Adult Motels.
A. Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two (2) or more times in a period of time that is less
than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as
that terra 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
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business license, said person rents or subrents a sleeping room to a person and, within ten (10)
hours from the time the room is rented, said person rents or subrents the same sleeping room
again.
C. For purposes of subsection (B) of this Section, the terms "rent" or "subrent" mean
the act of permitting a room to be occupied for any form of consideration.
Section 19. Relations Pertaining to Exhibition of Sexually Explicit Films or
Videos.
A. A person who operates or causes to be operated a sexually oriented business, other
than an adult motel, which exhibits on the premises in a viewing room of less than one hundred
fifty (150) square feet of floor space, a film, video cassette, or other video reproduction which
depicts specified sexual activities or specified anatomical areas, shall comply with the following
requirements:
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 (1) or more manager's stations, the location
of all overhead lighting fixtures and switches, which lights are controlled
by which switches, and designating any portion of the premises in which
patrons will not be permitted. Only agents or employees shall have access
to light switches. A manager's station may not exceed thirty-two (32)
square feet of floor area. The diagram shall also designate the place at
which the permit will be conspicuously posted, if granted. A
professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required, however each diagram should
be oriented to the north or to some designated street or object and should
be drawn to a designated scale or with marked dimensions sufficient to
show the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six (5) inches. The Commission
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that the
configuration of the premises has not been altered since it was prepared.
2. The application shall be sworn to be true and correct by the applicant.
3. No alteration in the configuration or location of a manager's station may
be made without the prior approval of the Commission.
4. It is the duty of the owners and operator of the premises to ensure that at
least one (1) agent or employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
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
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excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two (2) or more manager's stations
designated, then the interior of the premises shall be configured in such
a manner that there is an unobstructed view of eachh area of the premises
to which any patron is permitted access for any purpose from at least one
(1) of the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station.
b. it shall be the duty of the owners and operators, and it shall also be the
duty of any agents and employees present in the premises to ensure that:
a. the view area specified in Subsection (5) remains unobstructed by
any doors, walls, merchandise, display racks or other materials at
all times that any patron is present in the premises, and
b. no patron is permitted access to any area of the premises which
has been designated as an area in which patrons will not be
permitted in the application filed pursuant to Subsection (1) of this
Section.
7. The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than one (1.0) footcandle as measured
at the floor level.
8. It shall be the duty of the owners and operators and it shall also be the
duty of any agents and employees present in the premises to ensure that
the illumination described above, is maintained at all times when any
patron is present in the premises.
B. A person having a duty under Subsections (1) through (8) of Subsection A above
commits an offense if said person knowingly fails to fulfill that duty.
Section 20. Display_of Sexually Explicit Material to Minors.
A. A person commits an offense if, in a business establishment open to persons under
the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or
video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or
passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of
the following:
1. human sexual intercourse, masturbation, or sodomy;
2. fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breasts;
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POC R: 5641S9
3. less than completely and opaquely covered human genitals, buttocks, or
that portion of the female breast below the top of the areola; or
4. human male genitals in a discernible turgid state, whether covered or
uncovered.
B. in this Section "display" means to locate an item in such a manner that, without
obtaining assistance from an agent or employee of the business establishment:
1. it is available to the general public for handling and inspection; or
2. the cover, outside packaging, or contents of the item is visible to members
of the general public.
Section 21. Enforcement.
A. Except as provided by Subsection B, any violation of Section 13 of this
Ordinance, upon conviction, is punishable by a fine not to exceed Two Thousand Dollars
($2,000) for each offense and a separate offense shall be deemed committed upon each day
during on or which a violation occurs.
B. If the sexually oriented business involved is a nude model studio or sexual
encounter center, then violation of Section 4A or 13 of this Ordinance is punishable as a Class
B misdemeanor.
C. Except as provided by Subsection B, violation of any provision of this Ordinance
other than Section 13, upon conviction, is punishable by a fine not to exceed Five Hundred
Dollars ($SOQ) for each offense and a separate offense shall be deemed committed upon each day
during or on which a violation occurs.
D. It is a defense to prosecution under Sections 4A, 13, or 16D that a person
appearing in a state of nudity or semi -nudity did so in a modeling class operated:
1. by a proprietary school licensed by the State of Texas, a college, junior
college, or university supported entirely or partly by taxation;
2. by a private college or university which maintains and operates
educational programs in which credits are transferrable to a college, junior
college, or university supported entirely or partly by taxation; or
3. in a structure:
a. which has no sign visible from the exterior of the structure and no
other advertising that indicates a nude or semi-nude person is
available for viewing; and
ZD
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b. where in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
C. where no more than one (1) nude or semi-nude model is on the
premises at any one time.
E. It is a defense to prosecution under Sections 4A or 13 of this Ordinance that each
item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole,
contains serious literary, artistic, political, or scientific value.
Section 22. Injunctive Relief. A person who operates or causes to be operated a
sexually oriented business without a valid license or in violation of Section 13 of this Ordinance
is subject to a suit for injunction as well as prosecution for criminal violations.
Section 23. Amendment of this Ordinance. Sections 13 and 14 of this Ordinance
may be amended only after compliance with the procedure required to amend a zoning
ordinance. Other sections of this Ordinance may be amended by vote of the Town Council.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 7 t h day of April 1998.
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Tovin/ Attom y,
Town of Trophy Club, Texas
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