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
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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.
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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 .
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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
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(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.
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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
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(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 .
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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.
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(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
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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
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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.
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(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;
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( 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 .
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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 .
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(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.
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(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 .
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(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
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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 .
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(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 .
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(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
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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 _
�,�,
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