§ 11.1. Adult book stores, adult entertainment establishments, adult motion picture theatres, and sexually oriented commercial enterprises.
(a)
Definitions. For the purpose of this section, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular. The word "building" shall include the word "structure;" and the word "shall" is mandatory and not merely permissive or directory.
Adult book store. An establishment which has as a substantial or significant portion of its stock and trade, books, magazines, and other periodicals and which under the laws of the State of Texas excludes minors by virtue of age unless accompanied by a consenting parent, guardian or spouse.
Adult entertainment establishment. A place of business where live entertainment is provided for patrons, or a portion of a business set aside for providing live entertainment to patrons, in which a significant portion of the entertainment is characterized by an emphasis on the exhibition, depiction or description of specified anatomical areas or specified sexual activities, or a place where entertainment is provided to patrons wherein, because of the exhibition of specified anatomical areas or specified sexual activities, admittance is limited to adults, or admittance is advertised or promoted as being restricted to adults.
Adult motion picture theatre. Any premises from which, under the laws of the State of Texas, minors are excluded by virtue of age unless accompanied by a consenting parent, guardian or spouse, and in which motion pictures, slides, or other photographic reproductions are shown as the principal use of the premises or are shown as an adjunct to some other business activity which is conducted on the premises and constitutes a major attraction; and wherein such movies are shown on a regular basis; and not to include school or public auditoriums used for noncommercial purposes on an infrequent basis.
Bar. A place of business which has as its principal business the consumption of alcoholic beverages on premises.
Child care facility. A building used as a day nursery, children's boarding home, child placing agency or other place for the care or custody of children under fifteen (15) years of age.
Church or place of religious worship. A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
Hospital. A building used to provide health services for human in-patient medical or surgical care for the sick or injured.
Liquor store. A place of business which has as its principal business the retail sale of alcoholic beverages.
Minor. A person under eighteen (18) years of age.
Public building. A building used by federal, state or local government and open to the general public, including, but not limited to, such structures as the structures known as multipurpose centers and neighborhood centers.
Public park. A tract of land maintained by the federal, state or local government for the recreation and enjoyment of the general public, including, but not limited to, recreational facilities where minors congregate.
School. A building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, dormitories, stadia, and other structures or grounds used in conjunction therewith.
Sexually oriented commercial enterprise. Massage parlor, nude studio, modeling studio, love parlor and any other similar commercial enterprise whose major business is the offering of a service which is intended to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas. Any showing of either the adult or minor human male or female genitals, anus, or pubic area with less than a full opaque covering, or the showing of the post-puberty female aureola with less than a full opaque covering.
Specified sexual activities. Acts of masturbation, sexual intercourse, homosexuality or lesbianism, sodomy, fellatio, sadomasochism, or physical contact with a person's (his/her own or another's) specified anatomical areas.
(b)
Unlawful establishment and maintenance. The establishment or maintenance of any of the following shall be prohibited within or near the following zoning districts or uses:
(1)
It shall be unlawful to establish or maintain any adult book store, adult entertainment establishment, adult motion picture theatre, or sexually oriented commercial enterprise within one thousand (1,000) feet of the boundary line of any area zoned "R-1" First one-family dwelling district, "R-2" Second one-family dwelling district, "R-3" Duplex district, "R-3(A)" Apartment district or "R-4" Townhouse Residence District.
(2)
It shall be unlawful to establish or maintain any adult book store, adult entertainment establishment, adult motion picture theatre, or sexually oriented commercial enterprise within one thousand (1,000) feet of the property line of any other adult book store, adult entertainment establishment, adult motion picture theatre, or sexually oriented commercial enterprise.
(3)
It shall be unlawful to establish or maintain any adult book store, adult entertainment establishment, adult motion picture theatre, or sexually oriented commercial enterprise within one thousand (1,000) feet of the property line of a church or religious place of worship, child care facility, hospital, public building, public park or recreational facility, or school.
(4)
It shall be unlawful to establish or maintain any adult book store, adult entertainment establishment, adult motion picture theatre, or sexually oriented commercial enterprise within five hundred (500) feet of any two (2) liquor stores or bars, or any combination thereof.
(c)
Addition rules for residential districts. In addition to the above, all other commercial establishments which are located within five hundred (500) feet of any of the zones enumerated in subsection (b)(1) above, must adhere to the following rules: To ensure that patrons will not be exposed against their will to any display of specified anatomical areas or specified sexual activities, no poster, picture, or advertisement depicting same may be displayed. When any book, magazine or other merchandise has any specified sexual activity or specified anatomical area depicted on its cover or exterior, it must be shielded so that such depiction is not exposed. Books, magazines, or other merchandise characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities shall, through admittance policies or placement of the merchandise, be made inaccessible to minors.
(d)
Measurement of distance. For the purposes of this section, measurement of distances shall be made in a straight line from the nearest boundary of property so zoned to the nearest part of the building in which such use is made, if the same commercial activity occupies a commercial building; provided, that in the case of a building which is divided into separate rental or ownership spaces devoted to different uses or enterprises, measurement shall be made to such space or unit of the building in which such use is made; and provided, if the activity is an outdoor (drive-in) movie, measurement shall be made to the nearest part of the land devoted to such use.
(e)
Observation of advertisement, etc., from public property. No adult book store, adult entertainment establishment, adult motion picture theatre, or sexually oriented commercial enterprise shall be conducted in any manner that permits the observation of any advertisement or promotion depicting, describing or relating to specified anatomical areas or specified sexual activities from any public property or from any property under separate ownership. This provision shall apply to any display, decoration, sign, show window, or other opening.
(f)
Exemptions. Nothing in this section shall be construed so as to include within any of the prohibitions of this section any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the license held, or operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts.
(Ord. No. 06-13, § 2, 7-11-2006)