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HomeMy WebLinkAboutORD 1987-079 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 87-79� - ', AN ORD I NANCE OF THE C I TY COUNC I L 0�'��THE C I TY OF GRAPEVINE, TEXAS, AMENDING CHAPT�R 14 OF THE CITY CODE RELATING � TO OCCUPATIONAL LICENSES, TAXES AND REGULATIONS BY ADDING THERETO ARTICLE V ENTITLED SEXUALLY ORIENTED '"`"'` BUSINESSES; PROVIDING DEFINITIONS; PROVIDING FOR CLASSIFICATION; PROVIDING FOR THE LICENSING AND REGULATION OF ADULT ARCADES, r,�. ADULT BOOKSTORES, ADULT VIDEO STORES, ADULT CABARETS, ADULT MOTELS, ADULT MOTION PICTURE THEATERS, ESCORT AGENCIES, NUDE MODELING STUDIOS AND SEXUAL ENCOUNTER CENTERS; REGULATING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1 , 000 . 00) FOR THE VIOLATION OF SEC. 14-112 HEREOF, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A PENALTY OF FINE OF TWO HUNDRED DOLLARS ($200 . 00) FOR A VIOLATION OF ANY SECTION OF THIS ORDINANCE HEREOF OTHER THAN SEC. 14-112 AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN AMORTIZATION PERIOD; PROVIDING A GRACE PERIOD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF SECTIONS 15-4 , 15-4 . 1 , AND 15-4 . 2 OF CHAPTER 15 OF THE CITY � ' CODE AND THE REPEAL OF INCONSISTENT ORDINANCES; DECLARING AN EMERGENCY AND ,,� PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Grapevine (the "City" ) , on November 16, 1976, adopted Ordinance No . 76-30 and on April 4 , 1978 adopted Ordinance No . 78-21 and Ordinance No . 78-22 (Ordinance No . 76-30 , Ordinance No . 78-21 and Ordinance No . 78-22 are hereinafter referred to collectively, as the "Prior Ordinances" ) ; and WHEREAS, the City Council adopted the Prior Ordinances to minimize and control the adverse effects that sexually oriented businesses have on the crime rate, property values and quality of life in the City; and WHEREAS, at the time of adoption of the Prior Ordinances, the City Council regulated the location of sexually oriented businesses . However , due to the proliferation of these businesses in the Dallas-Fort Worth metropolitan area, the City is hereby adopting these amendments relating to the licensing of sexually oriented businesses in order to further safeguard the property values within the City and to prevent the crime rate from rising rapidly within the City; and � WHEREAS, the United States Supreme Court decided City of Renton v. Playtime Theaters, Inc . , 106 S .Ct . 925 ( 1986) , which �„r„ outlined the City' s ability to regulate sexually oriented businesses, thereby necessitating the adoption of this ordinance; and WHEREAS, the City attorney has advised that the spirit and intent of the Prior Ordinances can be further enhanced by adopting provisions dealing with the issuance and revocation of licenses and inspection provisions relating to sexually oriented businesses; and WHEREAS, the Planning and Zoning Commission and the City Council have reviewed studies of the effects of sexually oriented businesses on the crime rate, a�d property values for the cities of Houston, Amarillo, �' Beaumont, Austin, Indianapolis, Los Angeles, Phoenix and Las Ve�'as; and �� , � �� WHEREAS, these studies indicate that tY�e adoption of the provisions c:ontained in this Ordinance would be in the public interest and further the health, safety and welfare of the citizens of the City; and � WHEREAS, with respect to sexually oriented business, the City Council makes the following findings : � ( 1) That Article 1175, Section 23 , of the Revised Civil Statutes of Texas authorizes home rule cities to license any lawful business, occupation, or calling that is susceptible to the control of the police power; (2) That Article 1175, Section 34 , of the Revised Civil Statutes of Texas authorizes home rule cities to enforce all ordinances necessary to protect health, life, and property, and to preserve the good government, order and security of such cities and their inhabitants; (3) That sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the City; (4) That sexually oriented businesses are frequently used for unlawful sexual activities , including prostitution and sexual liaisons of a casual nature; (5) That the concern over sexually transmitted ""'""� diseases is a legitimate health concern of the City which demands reasonable regulation of sexually oriented businesses „� in order to protect the health and well-being of its citizens; ( 6) That licensing is a legitimate and reasonable means of accountability to ensure that : ( i) operators of sexually oriented businesses comply with reasonable regulations ( ii) operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; (7) That 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 values; ' (8) That police in numerous other jurisdictions have ' made a substantial number of arrests for sexually related ' crimes in sexually oriented business establishments; (9) That it is recognized that sexually oriented businesses, due to their nature, have serious objectionable operational characteristics particularly when they are located in close proximity to each other, thereby contributing to urban ^�++ blight and downgrading the quality of life in the adjacent areas; and � WHEREAS, the City Council of the City desires to : ( i) minimize and control these adverse effects and thereby preserve the property values and character of surrounding neighborhoods , ( ii) deter the spread of urban blight, ( iii) protect the citizens from increased crime, ( iv) preserve the quality of life, and (v) protect the health, safety, and welfare of its ' citizenry; and 0 1 6 9 L -2- . _ � __ _ WHEREAS, with respect to the licensing of sexually oriented business establishments, the City Council of the City, makes the following findings : ( 1) That it is in the interest of the public safety and welfare to prohibit persons convicted of certain crimes from engaging in the occupation of operating a sexually oriei�ted business; (2) That the City Council of the City, in accordance �`""�' with Article 6252-13c of Vernon' s Texas Civil Statutes, has considered the following criteria: �,,, (a) the nature and seriousness of the crimes; (b) the relationship of the crimes to the purposes for requiring a license to engage in the occupation; (c) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;+ and (d) the relationship of the crimes to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation; and has determined that the crimes listed in Sec . 14-104(a) ( 10) (A) of this Ordinance are serious crimes which are directly related to the duties and responsibilities of the occupation of operating a sexually oriented business . The City Council of the City has further determined that the very nature of the occupation of operating a sexually oriented business brings a person into constant contact with persons '�'�" interested in sexually oriented materials and activities thereby giving the person repeated opportunities to �„ commit offenses against public order and decency or crimes against the public health, safety, or morals should the person be so inclined. Thus, it is the opinion of the City Council of the City that the listed crimes render a person unable, incompetent, and unfit to perform the duties and responsibilities accompanying the operation of a sexually oriented business in a manner that would promote the public safety and trust of the City; (3) That the City Council of the City has determined that no person who has been convicted of a crime listed in Sec . 14-104(a) ( 10) (A) , as set forth in this ordinance, is presently fit to operate a sexually oriented business until the respective time periods designated in Sec . 14-104(a) ( 10) (B) have expired. (4) That it is the intent of the City Council of the City to disqualify a person from being issued a sexually oriented business license by the City of Grapevine if the person has been convicted within the designated time period of any of the crimes listed in Sec . 14-104(a) ( 10) (A) , of this """�' ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE �,,,,�„ C I TY OF GRAPEV I NE: SECTION 1 . That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. 0 1 6 9 L -3- SECTION 2 . That Chapter 14 of the City Code of the City of Grapevine, relating to Occupational Licenses, Taxes and Regulations, is hereby amended by adding a new Article V, which shall be entitled "SEXUALLY 0�2IENTED BUSINESSES, " and which shall read as follows : "ARTICLE V. SEXUALLY ORIENTED BUSINESSES DIVISION 1 . GENERALLY � "Sec . 14-100 . Purpose and Intent . (a) It is the purpose of this Article to regulate .�r sexually oriented businesses in order 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 neither the intent anor the effect of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market . (b) It is the intent of the City Council that the locational regulations contained in Sec . 14-112 of this Article ' are promulgated pursuant to Article 2372w, Revised Civil Statutes of Texas, as they apply to nude model studios and sexual encounter centers only. It is the intent of the City Council that all other provisions of this Article are promulgated pursuant to City of Grapevine City Charter and Article 1175, Revised Civil Statutes of Texas . '� SEC. 14-101 . Definitions . ��, For purposes of this Article, the following terms shall have the respective meanings ascribed to them: 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 openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following: (a) 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 � (b) instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities . 0 1 6 9 L -4- ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features : (a) persons who appear in a �tate of nudity or seminudity; or ��;,: � (b) live performances which lare characterized by the exposure of specified anatomical areas or by specified sexual activities; or �"" (c) films, motion pictures , video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of � specified sexual activities or specified anatomical areas . ADULT MOTEL. A hotel , motel or similar commercial establishment which: (a) offers accommodations to the public for any form of consideration and ( i) 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 , ( ii) and has a sign visible from the public right of way which advertises the availability of this type of photographic reproductions; or (b) offers a sleeping room for rent for a period of time that is less than ten ( 10) hours; or (c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten ( 10) hours . '� ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, ir�.,,, 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 seminudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities . APPLICANT. Includes an individual natural person and, as of the date of an application, each member of a partnership or association and, with respect to a corporation, each officer and each owner of twenty percent (20%) or more of stock of such corporation, which intends to establish or operate a sexually oriented business . CHIEF OF POLICE. The Chief of Police of the City of Grapevine 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 to privately perform a striptease for another person. � ESCORT AGENCY. 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. 0 1 6 9 L -5- ESTABLISHMENT. Any of the following: (a) the opening or commencement of any sexually oriented business as a new business; ��/ � (b) the conversion of an 1t�xisting 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 . LICENSEE. An applicant who has been issued a license to operate a sexually oriented business . NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or seminudity 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 a STATE OF NUDITY. (a) the appearance of a human bare buttock, anus, male genitals , female genitals, or female breast or (b) a state of dress which fails to opaquely cover a human buttock, anus, male genitals , female genitals, or areola of the female breast . PERSON. A natural person or individual . � SCHOOL. Any public or private nursery, preschool , day care center, learning center , elementary or secondary school . � SEMINUDE. 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: (a) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or (b) 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 seminudity. ' SEXUALLY ORIENTED BUSINESS . 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 . � SPECIFIED ANATOMICAL AREAS . Human genitals in a state of sexual arousal . � SPECIFIED SEXUAL ACTIVITIES . Any of the following: . (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or 0 1 6 9 L -6- (b) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or (c) masturbation, actual or simulated; or (d) excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above. �""'� SUBSTANTIAL ENLARGEMENT. With respect to a sexually oriented business, means the increase in floor area occupied by the business by more than twenty-five percent (25%) , as the �, floor area exists on the effective date of the ordinance establishing this Article V. TRANSFER OF OWNERSHIP OR CONTROL . With respect to a sexually oriented business, means and includes any of the following: (a) the sale, lease, or sublease of the business; a (b) 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 (c) the establishment of a trust, gift, or other similar legal device which transfers the direct, indirect, legal , equitable or beneficial ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control to a person meeting ��`� al l of the requirements of Sec . 14-104 hereof , who shal l have notified the Chief of Police of the transfer and ,,,,��, furnished all of the information required to be submitted in an application for a license, within 60 days of the transfer . SEC. 14-102 . Classification. Sexually oriented business is defined and classified as any commercial establishment operating in the City, 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 theater; *�" (7) escort agency; (8) nude model studio; and � (9) sexual encounter center . 0 1 6 9 L -7- DIVISION 2 . LICENSES SEC. 14-103 . License Required. (a) A person commits an offense if the person operates a sexually oriented business without a valid license, issued by the City for the particular type of business . (b) ( 1) Each individual desiring to operate a sexually oriented business must sign an application as applicant . If a sexually oriented business is to be operated �► by an association, partnership, corporation or other legal entity, each person who is a member or an officer or who owns or controls a twenty percent (200) or greater interest ,,,� ( including corporate stock) in such entity must sign an application as applicant and be qualified pursuant to this Article. (2) Each person who is a member or an officer or who owns or controls twenty percent (200) or greater interest ( including corporate stock) of an association, partnership, corporation or other legal entity which owns or controls twenty pe�cent (200) or greater interest ( including corporate stock) of an association, partnership, corporation or other legal entity which operates a sexually oriented business shall sign an application as applicant and must be qualified hereunder . (c) An application for a license must be made on a form provided by the Chief of Police. The application form shall be sworn to by the applicant and shall : ( i) include the name and residence and business addresses of the applicant; ( ii) state whether or not the applicant meets each of the requirements set forth in Sec . 14-104 of this Article; ( iii) include the address of the premises which the Applicant intends , to operate as a sexually oriented business; ( iv) state the '"""� '�,, present ownership interest of such Applicant in the sexually ' oriented business; (v) include the name and residence and ,,,� business addresses of each person and each entity (association, partnership or corporation) , if any, which owns or controls an interest in the sexually oriented business with respect to which such application applies and the names of any entities (associations , partnerships or corporations) owned or controlled by the applicant and the names and residence and business addresses of any person who is a member or officer or holder of twenty percent (200) or more corporate stock in such entity or entities; and (vi) include information with respect to such other matters, consistent with this Article, as may be specified in the application form. (d) 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 Sec . 14-118 of this Article shall submit a diagram meeting the requirements of Sec . 14-118 . � (e) An applicant shall have a present ownership interest in the sexually oriented business with respect to which the applicant makes application for license . A separate ,,:,�„ application shall be required for each address , place, premises � or location which the applicant operates as a sexually oriented business and a license issued to a person is valid only with respect to the sexually oriented business and at the exact address, place, premises or location listed in the application for such license. 0 1 6 9 L p -c�- (f) The applicant must be qualified according to the provisions of this Article and the premises must be inspected and found to be in compliance with �he law by the health department, fire department, and buil�in official . The applicant shall comply with all applicable: c�ity, county, state and federal laws . �<�� S (g) An applicant operat'ing a sexually oriented business under an assumed name shall attach to the application a certificate of assumed name issued by the County Clerk of the '�°" County in which the sexually oriented business is to be operated showing that the applicant has complied with the assumed name laws of the State of Texas . The assumed name w� certificate shall be prepared on a form prescribed by the Chief of Police. No license shall be issued or renewed when the applicant is operating under an assumed name or any name other than the real name or names of the individual or individuals operating or intending to operate a sexually oriented business until such certificate, duly signed by such County Clerk, or his deputy, is provided in compliance herewith. SEC. 14-104 . Issuance of License. (a) The Chief of Police shall approve the issuance of a license to an applicant, or to the transferee as applicant upon the transfer of ownership or control by an applicant or licensee of all or any part of such applicant ' s or licensee ' s ownership or control of a sexually oriented business, within thirty (30) days after receipt of an application unless the Chief of Police finds one or more of the following to be true: (1) An applicant is under eighteen ( 18) years of age. (2� An applicant or an applicant ' s spouse is '"�' overdue in their payment to the City of taxes, fees , fines, or penalties assessed against 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 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) An applicant is residing with a person who has been denied a license by the City to operate a sexually oriented business within the preceding twelve ( 12) months , or is residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve ( 12) months . ( 6) The premises to be used for the sexually � oriented business have not been approved by the health department, fire department, and the building official as being in compliance with applicable laws and ordinances . � ( 7) The license fee required by this Article has not been paid. (8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve ( 12) months and has 0 1 6 9 L -9- demonstrated that he or she -is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner; �thus necessitating action by law enforcement officers . � � . i (9) An applicant or the pro'�ased establishment is in violation of or is not in com�liance with Secs . 14-106 , 14-111 , 14-112, 14-1�4 , 14-115, 14-116 , 14-117, 14-118 or 14-119 . ( 10) 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; (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; ( iii) sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; ( iv) incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; (v) criminal attempt, conspiracy, or solicitation to commit any of the foregoing '"�"" offenses; and (B) for which: � ,,�, ( i) less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed 0 1 6 9 L -10- 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 24-month period. (b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicant ' s spouse. o (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. SEC. 14-105 . Fees . Each application for a license or a license renewal shall be accompanied by a cashier ' s check or money order, payable to "'�" the City of Grapevine, in the amount of $500 . Such fee shall be nonrefundable. � SEC. 14-106 . Inspection. (a) At any time it is occupied or open for business, an applicant or licensee shall permit representatives of the police department, health department, fire department and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law. (b) A person ( i) who operates a sexually oriented business, or ( ii) whose agent or employee operates the same, commits an offense if the person or the 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 . (c) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. SEC. 14-107 . Expiration and Renewal of License . � (a) Each license shall expire one ( 1) year from the date of issuance and may be renewed only by making application � as provided in Sec . 14-103 . 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. 0 1 6 9 L -11- (b) When the Chief of Police denies renewal of a license, the applicant shall not be issued a license for one ( 1) year from the date of deni,al . If, subsequent to denial, the Chief of Police finds tha't 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 . SEC. 14-108 Suspension. The Chief of Police shall suspend a license for a period � of not to exceed thirty (30) days if the Chief of Police determines that a licensee or an agent or an employee of a 1 icensee has : .�r► (a) violated or is not in compliance with Secs . 14-106, 14-111 , 14-112, 14-114 , 14-115, 14-116, 14-117 , 14-118 or 14-119 of this Article; (b) engaged in excessive use of alcoholic beverages while on the sexually oriented business premises; (c) refused� to allow an inspection of the sexually oriented business premises as authorized by this Article; (d) knowingly permitted gambling by any person on the sexually oriented business premises; (e) demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers; (f) failed to notify the Chief of Police of a conveyance or transfer of ownership or control of the sexually oriented business within ten ( 10) days of such conveyance or ' transfer in accordance with Sec . 14-111(c) hereof . ""'� �' SEC. 14-109 . Revocation. ,,,�, (a) The Chief of Police shall revoke a license if a cause of suspension in Sec . 14-108 occurs and the license has been suspended within the preceding twelve ( 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 to the Chief of Police during the application process; (2) a licensee or an agent or an employee of a licensee has knowingly allowed possession, use, or sale ' of controlled substances on the premises; I (3) a licensee or an agent or an employee of ' the licensee has knowingly allowed prostitution on the premises; (4) a licensee or an agent or an employee of the licensee 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 Sec . 14-104(a) ( 10) (A) for which the time period required in Sec . 14-104(a) ( 10) (B) has not elapsed; 0 1 6 9 L -12- ( 6) on two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on t�e-licensed premises of a crime listed in Sec . 14-104(a) ( lU� (�) , for which a conviction has been obtained, and thp , person or persons convicted of such crime were agents ��, employees of the licensee at the time the offenses were c�ommitted; (7) except as provlided in Subsection (d) of this Sec . 14-109 , a licensee or an agent or an employee '`° ' of a licensee 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 . (9) a receiver, successor in interest or a transferee of an ownership interest in the sexually oriented business failed to notify the Chief of Police of such change in accordance with Sec . 14-111 (c) hereof . (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Subsection (b) (7) of this Sec . 14-109 does not apply to adult motels as a ground for revoking the license unless the licensee or an agent or an employee of the licensee 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, t e revocation shall continue for one ( 1) year and the licensee �„ shall not be issued a license to operate a sexually oriented business in accordance with Sec . 14-111(c) hereof, 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. An individual whose license was revoked under Sec . 14-109(b) ( 5) may not be granted another license until the appropriate number of years required under Sec . 14-104(a) ( 10) (B) has elapsed since the termination of any sentence, parole, or probation. SEC. 14-110 . A��eal . 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 such action and notice of the right to an appeal . The aggrieved party may appeal the decision of the Chief of Police to the City Council by filing an appeal with the city secretary within ten (10) days of the receipt of the notice of such denial , suspension or +""�" revocation. The filing of an appeal stays the action of the Chief of Police in suspending or revoking a license and the City Council shall make a final decision with respect to such �r.. denial , suspension or revocation. If within a ten (10) day period the Chief of Police suspends, revokes or denies issuance of any other license of an individual operating a sexually oriented business at the same location, then the City Council may consolidate the request for appeals , if any, of those actions into one ( 1) appeal . 0 1 6 9 L -13- SEC. 14-111 . Transfer of License. (a) A licensee, including any; applicant for a license, shall not transfer his or her license or al`1 or any part of his or her ownership or control of a sexually o.r�ented 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 and stated on the face of the license. (b) On the death of a licensee, or upon bankruptcy, � receivership or partnership dissolution with respect to a sexually oriented business, the receiver or successor in interest to a license may apply to the county judge for „�,,, certification that such person is the receiver or successor in interest to such license. On certification and upon the furnishing of such information as the Chief of Police may require, unless good cause for refusal is shown, the Chief of Police shall grant permission, by letter or otherwise, for the receiver or successor in interest to operate the sexually oriented business during the unexpired portion of the license. Such a license shall not be renewed but the receiver or successor in interest may apply for an original license in accordance with the requirements of this Article . A receiver or successor in interest operating a sexually oriented business for the unexpired portion of the license shall be subject to the requirements of this Article V in the same manner as if such receiver or successor in interest had been issued the original license . (c) Each person becoming a receiver, successor in interest or transferee of an ownership or controlling interest in a sexually oriented business shall notify the Chief of Police of such change in ownership or control within ten ( 10) days of the effective date of such transfer . Failure to notify the Chief of Police shall be grounds for suspension or � revocation of the license. � DIVISION 3 . LOCATION SEC. 14-112 . Location of Sexually Oriented Businesses . (a) A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand ( 1, 000) feet of : ( 1) a church; (2) a school; (3) a boundary of a residential district as defined in the Comprehensive Zoning Ordinance, as amended, of the City of Grapevine; (4) a public park; or ( 5) the property line of a lot devoted to residential use. � (b) A person commits an offense if the person causes or permits the operation, establishment, substantial enlarge- ment, or transfer of ownership or control of a sexually ��, oriented business located within one thousand ( 1 , 000) feet of another sexually oriented business . (c) A person commits an offense if the 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 . 0 1 6 9 L -14- (d) For the purposes of Sec . 14-112(a) above, measure- ment 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 Sec . 14-112(b) above, 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 the ordinance establishing this Article , that is in violation of Secs . 14-112 (a) , (b) , or (c) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one ( 1) year , 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 ( 1 , 000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(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 district, or residential lot within one thousand ( 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 revoked. (h) A sexually oriented business established on or after the effective date of the ordinance establishing this Article V shall be located only within the districts so permitted by and shall conform in all respects with the requirements of the Comprehensive Zoning Ordinance of the city as such Comprehensive Zoning Ordinance may, from time to time, be amended. SEC. 14-113 . Exemption from Location Restrictions . (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 Sec . 14-112 of this Article, then the applicant may, not later than ten ( 10) calendar days after receiving notice of the denial , file with the City Secretary a written request for an exemption from the locational restrictions of Sec . 14-112(a) through (g) . "'""'" (b) If the written request is filed with the City Secretary within the ten ( 10) day-limit, the City Council shall consider the request . The city secretary shall set a date for ww. the hearing within sixty (60) days from the date the written request is received. � (c) A hearing by the City Council may proceed if a quorum is present . The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. 0 1 6 9 L -15- (d) The City Council may, in its discretion, grant an exemption from the locational ' restrictions of Sec . 14-112(a) through (g) hereof provided that 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 of the City of Grapevine Code; ..�r (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 City 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 City Council shall be final . (f) If the City Council grants the exemption, the exemption shall be valid for one ( 1) year from the date of the +� City Council ' s action. Upon the expiration of an exemption, the sexually oriented business shall be in violation of the ,�„ locational restrictions of Sec . 14-112(a) through (g) until the applicant applies for and receives another exemption. (g) If the City 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 governing body' s action. (h) The grant of an exemption does not exempt the applicant from any other provisions of this Article other than the locational restrictions of Sec . 14-112(a) through (g) . DIVISION 4 . ADDITIONAL REGULATIONS; DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS SEC. 14-114 . Additional Requlations for Escort Agencies . (a) An escort agency 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 18 Years . �.,� SEC. 14-115 . Additional Regulations for Nude Model , Studios . (a) A nude model studio shall not employ any person under the age of eighteen ( 18) years . 0 1 6 9 L -16- (b) A person under the age of eighteen ( 18) years commits an offense if said person appears in a state of nudity or seminudity in or on the premises of a nude model studio . It is a defense to prosecution under this sub�e tion if the person under eighteen ( 18) years was in a restroom. �ot open to publ ic view or persons of the opposite sex. ��. 1 (c) A person commits an of'fense if said person appears in a state of nudity or seminudity or knowingly allows another to appear in a state of nudity or seminudity 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 . SEC. 14-116 . Additional Requlations 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 seminudity 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 seminudity in or on the premises of an adult theater or adult motion picture theater . (c) It is a defense to prosecution under Subsections (a) and (b) of this Sec . 14-116 if the person under eighteen ( 18) years was in a restroom not open to public view or persons of the opposite sex. "� SEC. 14-117 . Additional Requlations 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 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, said person 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 Sec . 14-117(b) above, the terms "rent" or "subrent" shall mean the act of permitting a room to be occupied for any form of consideration. SEC. 14-118 . Additional Requlations 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 wr�, cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply - with the following requirements : (1) The application for a license to operate a sexually oriented business 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 0 1 6 9 L -1�- 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 pla�e at which the permit will be conspicuously poste�Rp,_ 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 ( 6) inches . 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 or her designee. (4) It is the duty of the licensee 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 . (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 licensee, 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 Sub- section (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 . 0 1 6 9 L -18- (8) It shall be the duty of the licensee and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is mairitained at all times that 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. �'"' SEC. 14-119 . Display of Sexually Explicit Material to Minors . � �r (a) A person commits an offense if, in a business establishment open to persons under the age of seventeen ( 17) years, said person displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following: ( 1) human sexual intercourse, masturbation, or sodomy; � (2) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; (3) less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; 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, outside packaging, or contents of the item is visible to members of the general public . DIVISION: 5 . ENFORCEMENT: INJUNCTIVE RELIEF SEC. 14-120 . Enforcement . (a) Except as provided by Subsection (b) , any person violating a provision of this Article other than Sec . 14-112, upon conviction, is punishable by a fine not to exceed One Thousand Dollars ($1 , 000 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs . (b) If the sexually oriented business involved is a nude model studio or sexual encounter center , then violation of Sec . 14-103(a) or 14-112 of this Article is punishable as a '"^"" Class B misdemeanor . (c) Except as provided by Sec . 14-120(b) above, any �,. person violating a provision of this Article other than Sec . 14-112, upon conviction, is punishable by a fine not to exceed . Two Hundred Dollars ($200 . 00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs . 0 1 6 9 L -19- (d) It is a defense to prosecution under Secs . 14-103(a) , 14-112, or 14-115(d) that a person appearing in a state of nudity did so in a modeling class operated: ( 1) by a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation; (2) by a private college or university which maintains and operates educational programs in 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 seminude person is available for viewing; and (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 seminude model is on the premises at any one time. (e) It is a defense to prosecution under Sec . 14-103(a) or Sec . 14-112 hereof 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. SEC. 14-121 . In�unctive Relief . '"'"� A person who operates or causes to be operated a sexually � oriented business without a valid license or in violation of Sec . 14-112 of this Article is subject to a suit for injunction as well as prosecution for criminal violations . " SECTION 3 . That all persons required by this Ordinance to obtain a sexually oriented business license because said business is in existence on the date of or prior to the effective date of this Article, are hereby granted a grace period, which shall be for a period of ninety (90) days from the effective date of the Article. SECTION 4 . That Sections 15-4 , 15-4 . 1 , and 15-4 . 2 of Chapter 15 of the City Code relating to Offenses and Miscellaneous Provisions are hereby repealed in their entirety and all ordinances or parts of ordinances inconsistent or in , conflict with the provisions of this Ordinance are hereby , expressly repealed to the extent of the inconsistency or ' conflict . SECTION 5 . That if any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any person or circumstances is held invalid �* or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council of the City hereby �, declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect . SECTION 6 . That the fact that the present ordinances and regulations of the City of Grapevine, Texas , are inadequate to properly safeguard the health, safety, morals, peace and 0 1 6 9 L -20- general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the 17th day of November , 1987 . �� �----------� '" Mayor , City of Grapevine, Texas ATTEST: y Secreta , City of Grapevine, Texas [SEAL] APPROVED AS TO FORM: .� _ _...... �_._. , City Attorney, City of Grapevine, Texas _ �,�, 0 1 6 9 L -21-