(a) 
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(b) 
It is the intent of the city council that the location regulations of section 4.06.004 of this article are promulgated pursuant to chapter 243 of the Texas Local Government Code. It is the intent of the city council that all other provisions of this article are promulgated pursuant to the provisions in the Texas Local Government Code.
(Ordinance 06-0406C, sec. 1, adopted 4/20/06)
As used in this article, unless the context otherwise indicates:
Adult arcade.
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 (5)or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
Adult bookstore or adult video store.
A commercial establishment which as one of its principal business purposes 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.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
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.”
Adult motel.
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 anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(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.
Adult motion picture theater.
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.”
Adult theater.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
City council.
The City Council of the City of Wilmer, Texas, which shall act as the appeals board for all purposes of this article.
Chief of police.
The chief of police of the city or his designated agent.
Escort.
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.
Escort agency.
A person or business association who furnishes, offers to furnish, or advertises to hire escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment.
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 any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
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.
Nude model studio.
Any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or state of nudity.
(1) 
The appearance of a human bare buttock, anus, male or female genitals, or female breast; or
(2) 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated.
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.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Residential district.
A single-family, duplex, townhouse, multiple-family or mobile home zoning district as defined in the city’s comprehensive zoning ordinance, as amended.
Residential use.
A single-family, duplex, multiple-family, townhouse, mobile home or manufactured housing park or subdivision, or campground use as defined in the city’s comprehensive zoning ordinance, as amended.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business.
A sex parlor, an adult movie arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult movie theater, adult theater, escort agency, nude studio, modeling studio, sexual encounter center, or other commercial enterprise the primary purpose 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.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists as of the date of adoption of this article.
Transfer of ownership or control of a sexually oriented business.
Includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 
The establishment of a trust, gift, or other similar legal device which transfers the 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.
(Ordinance 06-0406C, sec. 2, adopted 4/20/06)
Sexually oriented businesses are classified as follows:
(1) 
Adult arcades;
(2) 
Adult bookstores or adult video stores;
(3) 
Adult cabarets;
(4) 
Adult motels;
(5) 
Adult motion picture theaters;
(6) 
Adult theaters;
(7) 
Escort agencies;
(8) 
Nude model studios; and
(9) 
Sexual encounter centers.
(Ordinance 06-0406C, sec. 3, adopted 4/20/06)
(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand feet (1,000') of:
(1) 
A church, rectory, or church-related structure;
(2) 
A public, private or parochial elementary or secondary school, or a school zone in which the speed of traffic is regulated by posted signs during certain school hours;
(3) 
A boundary of a residential district or historical district;
(4) 
A public park, playground or recreation facility, library, daycare center, nursery school or kindergarten; or
(5) 
The property line of a lot devoted to a residential use.
The above location restrictions apply whether or not the church, rectory, church-related structure, public school, private school, parochial school, elementary school, secondary school, school zone, residential district boundary, public park, playground, recreational facility, library, daycare center, nursery school, kindergarten or property line devoted to residential use is located within or outside the city or is a lawful nonconforming use of property.
(b) 
A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand feet (1,000') of another sexually oriented business.
(c) 
A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
(d) 
For the purposes of subsection (a), measurement shall be made in 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, rectory, public or private elementary or secondary school, daycare center, nursery school, kindergarten, or to the nearest boundary of an affected public park, playground, library, recreational facility, residential district, or residential lot.
(e) 
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall mean 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 article that is in violation of subsection (a), (b) or (c), shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, 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 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 later established business(es) is nonconforming.
(g) 
A sexually oriented business lawfully operating on the effective date of this article as a conforming use is not rendered a nonconforming use by the location, subsequent to grant or renewal of the sexually oriented business license, of a church, rectory, or church-related structure, a public, private or parochial elementary or secondary school, or a school zone in which the speed of traffic is regulated by posted signs during certain school hours; a boundary of a residential district or historical district within one thousand feet (1,000') of the sexually oriented business; a public park, playground or recreation facility, library, daycare center, nursery school or kindergarten; or the property line of a lot devoted to a residential use. 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 revoked.
(Ordinance 06-0406C, sec. 13, adopted 4/20/06)
(a) 
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.06.004, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the chief of police a written request for an exemption from the locational restrictions of section 4.06.004.
(b) 
If a written request is filed with the chief of police within the ten-day limit, the city council shall consider the request. The council shall set a date for the hearing within sixty (60) days from the date the written request is received.
(c) 
The council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The council may, in its discretion, grant an exemption from the locational restrictions of section 4.06.004 if it makes the following findings:
(1) 
That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) 
That the granting of the exemption will not violate the spirit and intent of this article;
(3) 
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 article will be observed.
(e) 
The council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. The concurring vote of a majority of the members shall be necessary to affirm, modify or reverse any decision. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the council is final.
(f) 
If the board denies the exemption, the applicant may not reapply for an exemption until at least twelve (12) months have elapsed since the date of the council’s action.
(g) 
The granting of an exemption does not exempt the applicant from any other provisions of this article than the locational restrictions of section 4.06.004.
(Ordinance 06-0406C, sec. 14, adopted 4/20/06)
(a) 
An escort agency shall not employ any person under the age of 18 years.
(b) 
A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Ordinance 06-0406C, sec. 15, adopted 4/20/06)
(a) 
A nude model studio shall not employ any person under the age of 18 years.
(b) 
A person under the age of 18 years 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 person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises that can be seen or viewed from a public place or 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 that can be viewed from the public right-of-way.
(Ordinance 06-0406C, sec. 16, adopted 4/20/06)
(a) 
The requirements and provisions of this article remain applicable to adult theaters and adult motion picture theaters.
(b) 
A person commits an offense if he knowingly allows a person under the age of eighteen (18)years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
A person under the age of eighteen (18) years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(d) 
It is a defense to prosecution under subsections (b) and (c) if the person under eighteen (18)years was in a restroom not open to public view or persons of the opposite sex.
(Ordinance 06-0406C, sec. 17, adopted 4/20/06)
(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 term is defined in this article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and within ten (10) hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) above, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(Ordinance 06-0406C, sec. 18, adopted 4/20/06)
(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 and 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:
(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 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 inches (6"). The chief of police 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 chief of police or his designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (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 each 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.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (a)(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 to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
(8) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(b) 
A person having a duty under subsections (a)(1) through (8) above commits an offense if he knowingly fails to fulfill that duty.
(Ordinance 06-0406C, sec. 19, adopted 4/20/06)
(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 perversion for commercial gain, any of the following:
(1) 
Human sexual intercourse, masturbation, or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) 
In this section, “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover or outside packaging on the item is visible to members of the general public.
(Ordinance 06-0406C, sec. 20, adopted 4/20/06)
(a) 
An offense under this article is punishable as a class A misdemeanor.
(b) 
The city may bring suit in a district court of the county for an injunction to prohibit the violation of this article.
(c) 
It is a defense to prosecution under section 4.06.004, section 4.06.007(d) or section 4.06.031(a) 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; 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 transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) 
In a structure:
(A) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(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 nude model is on the premises at any one time.
(d) 
It is a defense to prosecution under section 4.06.031(a) or section 4.06.004 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.
(e) 
A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in functions authorized under the license held, or a licensed physician or chiropractor engaged in practicing the healing arts, is exempt from regulation under this article.
(Ordinance 06-0406C, sec. 21, adopted 4/20/06)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 06-0406C, sec. 22, adopted 4/20/06)
Sections 4.06.004 and 4.06.005 of this article may be amended only after compliance with the procedure required for amending the zoning ordinance. Other sections of this article may be amended by vote of the city council.
(Ordinance 06-0406C, sec. 23, adopted 4/20/06)
(a) 
A person commits an offense if he operates a sexually oriented business without a valid license, issued by the city for the particular type of business.
(b) 
An application for a license must be made on a form provided by the chief of police. 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 inches. Applicants who must comply with section 4.06.010 of this article shall submit a diagram meeting the requirements of section 4.06.010.
(c) 
The applicant must be qualified according to the provisions of this article.
(d) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the 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 has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4.06.032 and each applicant shall be considered a licensee if a license is granted.
(e) 
The fact that a person possesses a valid license for any other type of business does not exempt him from the requirement of obtaining a sexually oriented business license.
(Ordinance 06-0406C, sec. 4, adopted 4/20/06)
(a) 
The chief of police shall approve and issue any license required hereunder to an applicant within thirty (30) days after receipt of an application unless the chief of police finds one (1) or more of the following to be true:
(1) 
An applicant is under 18 years of age.
(2) 
An applicant or an applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse 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 article, 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) 
The license fee required by this article has not been paid.
(6) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) 
An applicant or the proposed establishment is in violation of or is not in compliance with section 4.06.004, 4.06.006, 4.06.007, 4.06.008, 4.06.009, 4.06.010, 4.06.011, 4.06.034 or 4.06.039 of this article.
(8) 
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:
a. 
Prostitution;
b. 
Promotion of prostitution;
c. 
Aggravated promotion of prostitution;
d. 
Compelling prostitution;
e. 
Obscenity;
f. 
Sale, distribution, or display of harmful material to a minor;
g. 
Sexual performance by a child;
h. 
Possession of child pornography;
(ii) 
Any of the following offenses as described in chapter 21 of the Texas Penal Code:
a. 
Public lewdness;
b. 
Indecent exposure;
c. 
Indecency with a child;
(iii) 
Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;
(iv) 
Incest, solicitation of a child, or harboring a runaway child described in chapter 25 of the Texas Penal Code; or
(v) 
Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(B) 
For which:
(i) 
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 last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-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) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a) may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)(B) has elapsed.
(d) 
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.
(Ordinance 06-0406C, sec. 5, adopted 4/20/06)
The annual fee for a sexually oriented business license shall be in the amount established by city council.
(Ordinance 06-0406C, sec. 6, adopted 4/20/06; Ordinance adopting Code)
(a) 
An applicant or licensee shall permit representatives of the police department, health department, fire department, planning department, code services 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 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 at any time it is occupied or open for business.
(c) 
The provisions of this section do not apply to areas of an adult motel that are currently being rented by a customer for use as a permanent or temporary habitation.
(Ordinance 06-0406C, sec. 7, adopted 4/20/06)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 4.06.031. 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.
(Ordinance 06-0406C, sec. 8, adopted 4/20/06)
The chief of police shall suspend a license for a period not to exceed thirty (30) days if he determines that a licensee or an employee of a licensee has:
(1) 
Violated or is not in compliance with sections 4.06.004, 4.06.006, 4.06.007, 4.06.008, 4.06.009, 4.06.010, 4.06.011, 4.06.034 and 4.06.039 of this article;
(2) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises; or
(5) 
Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
(Ordinance 06-0406C, sec. 9, adopted 4/20/06)
(a) 
The chief of police shall revoke a license if a cause of suspension in section 4.06.036 occurs and the license has been suspended within the preceding twelve (12) months.
(b) 
The chief of police shall revoke a license if he determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(2) 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
A licensee or an employee has knowingly allowed prostitution on the premises;
(4) 
A licensee or an 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 4.06.032(a) for which the time period required in section 4.06.032(a)(8)(B) has not elapsed;
(6) 
On two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.06.032(a), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7) 
A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in section 21.01, Texas Penal Code; or
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business.
(c) 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) 
Subsection (b)(7) above 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 chief of police 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 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 ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under section 4.06.032(a)(8)(B) has elapsed.
(Ordinance 06-0406C, sec. 10, adopted 4/20/06)
If the chief of police denies the issuance of a license or suspends or revokes a license, the chief of police shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. In the case of suspension or revocation of an existing license, written notice shall also be posted upon the business premises. Upon receipt of written notice of the denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the city council. The filing of an appeal stays the action of the chief of police in suspending, denying or revoking a license until the city council makes a final decision. The decision of the city council shall be final and any appeal shall be made directly to the state district court. An appeal to the state district court must be filed within thirty (30) days after the receipt of notice of the decision of the city council. The licensee shall bear the burden of proof in court.
(Ordinance 06-0406C, sec. 11, adopted 4/20/06)
A licensee shall not transfer his license 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.
(Ordinance 06-0406C, sec. 12, adopted 4/20/06)