HomeMy Public PortalAboutOrdinance No. 901-01 06-26-2001 ORDINANCE NO. 9U1-O1
AN ORDINANCE AMENDING CHAPTER 4 "BUSINESS
REGULATIONS" OF THE CODE OF ORDINANCES, CITY
OF RICHLAND HILLS, TEXAS, AS AMENDED, BY THE
REPEAL AND REPLACEMENT OF SECTION 6 THEREOF,
TO BE NAMED "SEXUALLY ORIENTED BUSINESS
LICENSE REQUIRED; OFFENSES"; ESTABLISHING
REGULATIONS FOR THE OWNERSHIP, CONDUCT, AND
LICENSING OF SEXUALLY ORIENTED BUSINESSES;
CREATING AND DEFINING OFFENSES IN CONNECTION
WITH THE, OPERATION OF SEXUALLY ORIENTED
BUSINESSES; ESTABLISHING DEFINITIONS; CREATING
A LICENSING PROCEDURE; PROVIDING A PENALTY OF
UP TO $500.00 FOR VIOLATIONS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE;
AND AN EFFECTIVE DATE.
WHEREAS, certain sexually oriented businesses can, if left unregulated, cause adverse
effects on the stability of the immediate neighborhood and community surrounding the sexually
oriented business; and
WHEREAS, certain sexually oriented businesses, if left unregulated, can have a deleterious
effect upon the health, safety and welfare of the citizens of the community in which such business
is located; and
WHEREAS, the conduct of such businesses can, under certain circumstances, cause urban
blight, an increase in crime and the reduction in the values of surrounding properties if regulations
are not placed upon such businesses to minimize such deleterious effects; and
WHEREAS, the City Council of the City of Richland Hills recognizes its duty to balance
the rights of the citizens of this city to maintain a decent, moral society and, on the other hand the
right of individuals to express themselves freely in accordance with the Constitution of the United
States and opinions of the United States Supreme Court interpreting the Constitution; and
WHEREAS, the City Council hereby finds and determines that the following regulations
strike the proper balance between the regulation of sexually oriented businesses to curtail the
negative effects such businesses can have on the surrounding properties and the community as a
whole, while preserving the right of individuals to free expression under the mandates of the
Constitution of the United States and the Constitution of the State of Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
ORDINANCE NO. PAGE 1
I.
That Section 6 "SEXUALLY ORIENTED BUSINESS ESTABLISHMENTS" of Chapter
4 "BUSINESS REGULATIONS" of the Code of Ordinances of the City of Richland Hills, Texas,
be hereby repealed in its entirety and replaced with a new Section 6, "SEXUALLY ORIENTED
BUSINESS LICENSE REQUIRED; OFFENSES", which new section shall hereafter be and read
as follows:
Section 6. Sexually oriented business license required; offenses.
(a) Purpose and intent. The following are provided for guidelines for construction,
interpretation and enforcement ofthis section:
(1) It is the purpose and intent ofthis section to establish reasonable and uniform
regulations relative to conduct on the premises of a sexually oriented business
so as to protect and promote the health, safety, and general welfare of the
citizens of the city and visitors thereto.
(2) This section intends a balance of the right of the citizens of the city to
maintain a decent moral society and, on the other hand, the right of
individuals to express themselves freely while in accordance with the
Constitution of the United States and United States Supreme Court rulings
pursuant thereto.
• (3) This section is also intended to deter conduct and activities which, directly
or indirectly, causes or would cause adverse effects on the stability of the
immediate neighborhood and community surrounding the sexually oriented
business.
(4) This section has neither the purpose nor effect of imposing a limitation or
restriction on the content of any communicative materials, including sexually
oriented materials.
(5) Similarly, it is not the purpose or intent of this section to restrict or deny
lawful access by adults to sexually oriented materials nor to deny access by
the distributors and exhibitors of sexually oriented materials to their intended
market.
(6) Similarly, it is not the practice or intent ofthis section to impose judgment
on the content or merits of any Constitutionally protected form of speech or
expression.
(7) Operators of sexually oriented businesses or activities are also hereby
generally charged with complying with a policy of "keep it indoors and under
control." All operators bear first line answerability, directly or indirectly, for
all users of the premises and activities conducted thereon.
ORDINANCE NO. PAGE 2
• (b) Sexually oriented business offenses. City Enforcement Personnel may issue citations
for the following offenses which occur on the premises of a sexually oriented
business at any time the establishment is occupied or open for business:
(1) An operator, manager, employee, entertainment personnel or other person,
including customers, commits an offense if he/she refuses to permit or
interferes with lawful inspection or enforcement activities of city
enforcement personnel on any portion of the premises or of any aspect of the
activities being conducted therein.
(2) An operator, manager, employee, or entertainment personnel commits an
offense if he/she refuses to furnish information or documentation requested
by city enforcement personnel pertaining to inspection or law enforcement
activities on the premises or of the activities being conducted therein.
(3) An operator, manager, employee, or entertainment personnel commits an
offense if he/she knowingly maintains any portion of the premises in a
manner so as to not permit or to unreasonably interfere with inspections or
enforcement activities by city enforcement personnel.
(4) An operator, manager, employee or entertainment personnel commits an
offense if he/she knowingly permits or allows any customer access to any
area of the premises which has been designated as an area not open to
• customers as per the floor plan approved by the police department pursuant
to this section of this Code.
(5) An operator commits an offense if he/she fails to maintain a person on the
premises while occupied or open for business with the authority and
responsibilities as "manager" over all of the business operation, its activities,
employees and entertainment personnel. The "operator" and "manager" may
be the same person.
(6) An operator commits anoffense if he/she knowingly employs or engages the
service of any person under eighteen (18) years of age as an employee or
entertainment personnel for the sexually oriented business.
(7) A person under eighteen (18) years of age commits an offense if he/she enters
or remains within the premises of a sexually oriented business while the
establishment is open for business.
(8) An operator, manager, employee or entertainment personnel commits an
offense if he/she knowingly allows a person under eighteen (18) years of age
to enter or remain within the premises of a sexually oriented business while
the establishment is open for business.
• (9) A person commits an offense if he/she appears in a "state of nudity" or
engages in "specified sexual activities" on any portion ofthe premises outside
ORDINANCE NO. PAGE 3
the building which is capable of being viewed from a public street orright-of-
• way.
(10) An operator commits an offense if he/she operates or allows the operation of
an internal video surveillance system of persons or activity on the premises
without prior written approval from the police department. Internal video
surveillance systems may be used only to monitor the premises or activity for
legitimate security or safety purposes upon prior inspection and receipt of
written approval from the police department, which will not be unreasonably
withheld. This subsection shall not apply to video projection systems.
(11) The operator commits an offense by failing to maintain on the premises at all
times a current copy of all city ordinances regarding or regulating sexually
oriented business activity. The operator shall maintain current copies of
current ordinances so as to keep all managers, employees and entertainment
personnel duly advised of the applicable city ordinances regarding the
sexually oriented business, and its permitted as well as prohibited activities,
so as to minimize prospective violations and offenses on the premises.
(12) An operator commits an offense if he/she operates a sexually oriented
business without maintaining a current registration card or file on the
premises clearly identifying all managers, employees and/or entertainment
personnel currently on the premises or employed by the business. The
• information contained on the registration card shall include at least:
a. Full legal name;
b. All aliases or "stage names";
c. Date of birth;
d. Race;
e. Color of hair and eyes;
f. Current residence address and phone number;
g. Texas driver's license number (or Texas identification number);
h. Social Security number; and
i. Color photograph of full face view.
(13) For the purpose of subsection (b)(11), an employee or entertainment
personnel commits an offense by:
• a. Providing false or deceptive information to the operator; or
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b. By failing to timely update and provide to the operator within
• fourteen (14) days any changes in the required information.
(c) Escort agency offenses. In addition to those offenses set forth in subsection (b),
citations maybe issued for the following:
(1) An operator commits an offense if he/she employs for or on behalf of an
escort agency any person under eighteen (18) years of age for the purposes
of acting as an escort or providing escort services for a customer.
(2) An operator, manager or employee commits an offense if he/she acts as an
escort for any person under eighteen (18) years of age.
(d) Outcall business offenses. In addition to those offenses set forth in subsection (b),
citations may be issued for the following:
(I) An operator commits an offense if he/she employs for or on behalf of an
outcall business any person under eighteen (18) years of age for the purposes
of acting as an outcall person or providing outcall services for a customer.
(2) An operator, manager or employee commits an offense if he/she acts as an
outcall person for any customer under eighteen (18) years of age.
• (e) Nude modeling business offenses. In addition to those offenses set forth in
subsection (b)(6), citations maybe issued for the following:
(1) An operator commits an offense if he/she employs at a nude modeling
business any person under eighteen (18) years of age for the purpose of acting
as a live nude model for customers.
(2) A person under eighteen (18) years of age commits an offense if he/she
appears for customers while in a "state of nudity" or "simulated nudity" on
the premises of a nude modeling business.
(f) Adult theater and adult motion picture theater offenses. In addition to those offenses
set forth in subsection (b), citations may be issued for the following:
(1) an operator commits an offense if he/she employs a person under the age of
eighteen (18) years to appear in a "state of nudity" or "simulated nudity" for
customers on the premises of an adult theater or adult motion picture theater.
(2) A person under the age of eighteen (18) years commits an offense if he/she
appears in "a state of nudity" or "simulated nudity" for customers on the
premises of an adult theater or an adult motion picture theater.
• (g) Adult motel offenses. In addition to those offenses set forth in subsection (b), an
operator, manager or the person otherwise in control of a sleeping room in a hotel,
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motel, or similar commercial establishment, commits an offense if he/she rents or
• subrents a sleeping room to a person and, within ten (10) hours from the time the
room is first rented, he/she rents or subrents the same sleeping room again.
(h) Enforcement and penalties.
(1) City enforcement personnel may issue citations for violations of this section.
(2) When a citation is issued, the person to whom the citation is issued shall
within ten (10) days make appropriate arrangements in the city's municipal
courts to either plead guilty, plead no contest or request a docket setting.
(3) Any person who commits an offense under this section, as amended, shall be
charged by written citation with a class "C" misdemeanor criminal offense,
and upon conviction thereof shall be fined an amount not to exceed five
hundred dollars ($500.00) for each offense.
(4) In the event that an act or omission as set forth in this section as an "offense"
also constitutes a criminal offense chargeable as a class "A" or class "B"
misdemeanor, or as any type of felony offense as provided by the laws of the
State of Texas, then city police department officers may also take appropriate
action for the enforcement of said violations.
• (i) Definitions. The following terms shall, for the purposes of this section, have the
meanings set forth below. The following terms are not necessarily mutually
exclusive as one sexually oriented business operation may provide more than one (1)
form of activity, entertainment or merchandise.
(1) Asexually oriented business shall mean and include any commercial venture
whose operations include:
a. The providing, featuring or offering of employees or entertainment
personnel who appear on the premises while in a state of nudity or
simulated nudity and provide live performances or entertainment for
customers; or
b. Asa "principal business operation" as defined herein, (thirty-five (35)
percent or more) provides, features or offers non-live, sexually
explicit entertainment, materials, or items for sale or rental to
customers; or provides or offers a service or exhibition of materials
or items which are intended to provide sexual stimulation or sexual
gratification to its customers, said materials or items being
distinguished by or characterized by an emphasis on subject matter
depicting, describing or relating to "specified sexual activities" and/or
"specified anatomical areas"; and
•
ORDINANCE NO. PAGE 6
c. Shall include but is not limited to any form of sexually oriented
• business, adult arcade, adult bath, adult bookstore, adult video store,
adult cabaret, adult entertainment cabaret, adult motel, adult motion
picture theater, adult theater, nude modeling business, massage parlor
offering massage by nude employees, nude modeling studio, adult
wrestling establishment, adult out-call establishment, escort agencies,
sexually oriented encounter center, or other business establishment
conducting sexually oriented activity as defined or regulated herein.
(2) The term sexually oriented business shall not be construed to include:
a. An otherwise lawfully operating retail business which does not offer
or feature sexually explicit merchandise or material for sale or rental
to customers as a "principal business operation" (thirty-five (35)
percent or less) and does not offer or feature any form of live sexually
oriented entertainment;
b. Any clothing business offering wearing apparel for sale to customers
but which does not exhibit merchandise on live models;
c. A bar, nightclub or lounge that occasionally promotes a swimsuit or
similar contest in which the contestants do not appear "nude" or in "a
state of nudity";
• d. Any medical practice operated by or employing licensed
psychologists, physicians, physical therapists, registered nurses,
chiropractors, or athletic trainers engaged in practicing the healing
arts; or
e. Any educational courses conducted at a proprietary school licensed
by the State of Texas; or conducted by a private college or university
which maintains and operates educational programs in which credits
are transferrable to a junior college, college or university licensed by
the State of Texas, and where in order to participate in a class a
student must enroll at least (3) days in advance of the class and where
no more than one (1) nude model appears before the class at any one
(1) time.
3. Adult arcade means any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images to five (5) or fewer
persons per machine at any one (1) time, and where the images so displayed
are distinguished or characterized by an emphasis on matters exhibiting,
depicting or describing "specified sexual activities" or "specified anatomical
areas" as defined herein.
ORDINANCE NO. PAGE 7
• 4. Adult bookstore and adult video store shall mean a commercial establishment
which regularly offers for sale or rental any one (1) or more of the following:
a. Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes or video reproductions, slides,
digital video discs, laser discs, computer software or other digital
media, or other visual representations which are distinguished or
characterized by an emphasis on matters exhibiting, depicting or
describing "specified sexual activities" or "specified anatomical
areas"; or
b. Instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities." This does not include
items used for conception control or for protection from sexually
transmitted diseases.
5. Adult entertainment cabaret means a nightclub, bar, lounge, or similar
commercial establishment which provides or features to customers live
performances by employees or entertainment personnel which are
distinguished or characterized by any one (1) or more of the following:
a. An emphasis on the exposure of "specified anatomical areas", or
b. An emphasis on "specified sexual activities"; or
c. An emphasis on "nudity", "state of nudity" or "simulated nudity"; or
d. A combination of any of the above.
(6) Adult motel means a hotel, motel or similar commercial establishment which
rents or otherwise permits a room to be occupied in exchange for any form
of consideration, and also:
a. Offers accommodations to the tenant or occupier of the room for any
television transmissions, films, motion pictures, video cassettes,
slides, or other photographic reproductions which are distinguished
or characterized by an emphasis on matters exhibiting, depicting or
describing "specified sexual activities" and/or "specified anatomical
areas"; and has a sign visible from the public right-of--way or
otherwise advertises the availability of this type of adult
accommodations to the public; or
b. Offers a sleeping room(s) 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.
ORDINANCE NO. PAGE 8
d. Evidence that a sleeping room in a hotel, motel or similar commercial
• establishment has been rented and vacated two (2) or more times in
less than aten-hour period creates a rebuttable presumption that the
establishment is operated as an adult motel.
(7) Adult motion picture theater means a commercial establishment which
regularly features non-live performances or entertainment such as films,
motionpictures,uideo cassettes, slides, or similarphotographic reproductions
which are distinguished or characterized by an emphasis on matters
exhibiting, depicting or describing "specified sexual activities" and/or
"specified anatomical areas".
(8) Adult theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of
nudity, or features live performances which are distinguished or characterized
by an emphasis on the exposure of "specified anatomical areas" or by an
emphasis on "specified sexual activities."
(9) Chief of
police means the chief of the Richland Hills Police Department or
the chief s designee.
(10) City enforcementpersonnel means an authorized representative of any ofthe
following departments or divisions:
• a. Department of development.
b. Code enforcement division.
c. Health department.
d. Fire department.
e. Police department.
f. Marshal's office.
(11) Customer means any person who:
a. Enters the premises of and patronizes a sexually oriented business,
whether or not in return for the payment of an admission fee or any
other form of consideration, gratuity or as a guest of a member; or
b. Purchases, rents, receives or otherwise partakes of any sexually
oriented merchandise, goods, entertainment or other services while on
the premises.
ORDINANCE NO. PAGE 9
(12) Employee means any person working on the premises of a sexually oriented
• business who receives any form of compensation, including tips or gratuities,
from the operator, manager, customers, other employees or entertainment
personnel and in exchange therefor:
a. Renders any work, service, performance, or exhibition whatsoever,
directly or indirectly, to or for a customer; or
b. Renders any other support service whatsoever, directly or indirectly,
for or on behalf of the furtherance of the business operations; and
c. Shall include but is not necessarily limited to bartenders, bouncers,
cashiers, dancers, disc jockeys, doormen, escorts, hosts, hostesses,
models, masseurs, outcall persons, strippers, waiters, waitresses, or
other persons working on or about the premises.
(13) Sexually oriented entertainment means any variety of live or non-live
performances or exhibitions which are distinguished or characterized by an
emphasis on matters exhibiting, depicting, or engaging in "specified sexual
activities", or while exposing "specified anatomical areas," or which provides
sexual gratification or sexual stimulation to customers.
(14} Entertainment personnel means any person, including persons traditionally
• regarded as "independent contractors", who receives any form of
compensation, including tips or gratuities, from the operator, customers,
employees or other entertainment personnel and in exchange therefor:
a. Renders any live entertainment, service, performance or exhibition
whatsoever, directly or indirectly, to or for a customer for the
furtherance of the business operation; and
b. Shall include but is not necessarily limited to bartenders, cashiers,
dancers, disc jockeys, escorts, hosts, hostesses, models, outcall
persons, strippers, waiters, waitresses, or otherpersons working in the
furtherance of the business operation.
(15) Escort agency means a commercial venture that provides employees or
entertainment personnel who, in exchange for a fee, commission, tip or other
consideration "dates" a customer, but shall not include persons engaged in
legitimate, nonsexually oriented activities or services such as licensed private
nurses, licensed physical therapists, registered massage therapists, aides for
the elderly or handicapped, social secretaries, or similar persons whose
business or service relationship with their patron is not characterized by
sexually oriented activities.
. (16) Massage means any method by which a person utilizes his or her hands, feet
or an instrument for treating superficial parts of a customer's body for
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• medical, hygienic, exercise, entertainment, relaxation, or stimulation
purposes by rubbing, stroking, kneading, tapping, pounding or vibrating.
(17) Nude modeling business means any establishment where an employee or
entertainment personnel performs a massage or "specified sexual activities"
while appearing in a "state of nudity," "simulated nudity," or while displaying
"specified anatomical areas," and is also allowed to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted to customers.
(18) Nude modeling studio means any establishment where an employee or
entertainment personnel appears in a "state of nudity," "simulated nudity," or
displays "specified anatomical areas," and is also provided or allowed to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted to customers.
(19) Nudity or a state of nudity means appearing while any of the following
portions of the human body are less than completely and opaquely covered:
a. Genitals, whether or not in a state of sexual arousal; or
b. Pubic region or pubic hair; or
c. Buttock(s); or
• d. The portions of the female breast(s) beginning from a point
immediately above the top of the areola and continuing downward to
the lowest portion of the breast(s); or
e. Any combination of the above.
(20) Operated or caused to be operated means to cause to function or to put or
keep in operation.
(21) Operator means:
a. The person(s) in whose name a valid sexually oriented business
license has been issued for a sexually oriented business pursuant to
this section;
b. The person(s) in whose name a sexually oriented business license
would be required in order to lawfully operate a sexually oriented
business pursuant to this section; or
c. The person(s) who operates or causes to be operated any form of
sexually oriented business which is subject to regulation by this
section.
ORDINANCE NO. PAGE 11
• (22) Outcall business means a commercial venture that provides employees or
entertainment personnel who, in exchange for a fee, commission, tip or other
consideration, goes to the location requested by the customer and while there:
a.. Privately models lingerie or other intimate wearing apparel; or
b. Privately performs a strip tease; or
c. Privately performs a nude modeling session; or
d. Bathes or massages the customer;
e. But shall not include persons otherwise engaged in legitimate,
nonsexually oriented activities or services such as licensed private
nurses, licensed physical therapists, registered massage therapists,
aides for the elderly or handicapped, social secretaries, or similar
persons whose business or service relationship with theirpatron is not
characterized by sexually oriented business activities.
(23) Person means any individual, proprietorship, partnership, corporation,
association, or other legal entity.
(24) Principal business operation for the purpose of determining whether a
• business is subject to this section shall mean and include any non-live
sexually oriented retail sale or rental business activity which amounts to
thirty-five (35) percent or more of the total business operation at a particular
location. The thirty-five-percent criteria maybe determined by percentages
of floor space utilized, inventory of items for sale or rental, display areas,
presentation time of entertainment or performances, or gross revenue of the
business as measured over any continuous ninety-day period. However, the
thirty-five-percent criteria shall not apply to any sexually oriented businesses,
featuring or offering any form of live performances, entertainment, modeling
or other live activity as all such live activity is subject to this section.
(25) Reserved.
(26} Regularly means offering, featuring, promoting or advertising a happening,
occurrence or activity on a recurring basis or at a fixed intervals, or as a
customary and regular aspect of the business.
(27) Rent or subrent means the act of permitting a room or other portion of the
premises to be occupied in exchange for any form of consideration.
(28) Sexually oriented encounter center means a commercial enterprise that offers
physical activities, contact, wrestling or tumbling between male and female
• persons, or between persons of the same sex, when one (1) or more of the
ORDINANCE NO. PAGE 12
• persons is in a "state of nudity" or "simulated nudity" and the activity is
intended to provide sexual stimulation or sexual gratification to its customers.
(29) Simulated nudity means a state of dress in which any artificial device or
covering is worn on a person and exposed to view so as to simulate an actual
"state of nudity."
(30) Specified anatomical areas means the following portions ofthe human body:
a. Genitals, whether or not in a state of sexual arousal;
b. Pubic region or pubic hair;
c. Buttock(s);
d. The portions of the female breast(s) beginning from a point
immediately above the top of the areola and continuing downward to
the lowest portion of the breast(s); or
e. Any combination of the above.
(31) Specified sexual activities means and includes one (1) of more of the
following:
• a. The fondling, massaging or other erotic touching or stimulation of
"specified anatomical areas";
b. Normal or perverted sexual activity, actual or simulated, including
intercourse, oral copulation, or sodomy;
c. Masturbation, actual or simulated; or
d. Excretory functions as part of or in conjunction with any of the
activities above.
(j) License Required.
No person may operate or cause to operate a sexually oriented business without a
valid license, issued by the city for that particular type of business. The applicant
must be licensed according to the provisions of this section. The fact that a person
possesses other types of state or city permits does not exempt the person from the
requirement of obtaining a license for a sexually oriented business.
(k) Application.
• An application for a license must be made on a form provided by the chief of police.
The application for a license must be accompanied by a sketch or diagram showing
ORDINANCE NO. PAGE 13
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 mtenor of
the premises to an accuracy of plus or minus six inches. The sketch must clearly
delineate any area of the premises which is not open to customers. An application
shall not be considered to have been filed until all information required by the
application form has been submitted. If a person who wishes to operate a sexually
oriented business is an individual, he must sign the application for a license as
applicant. If a person who wishes to operate a sexually oriented business is other
than an individual, each individual who has a 20 percent or greater interest in the
business must sign the application for a license as applicant. Each applicant must be
qualified under subsection and each applicant shall be considered a licensee if a
license is granted.
License issuance.
The chief of police shall approve the issuance of a license to an applicant within 30
days after receipt of an application unless the chief of police finds one or more of the
following to be true:
(1) The location of the adult entertainment establishment is or would be in
violation of section 90-371 of the Richland Hills Zoning Ordinance (Chapter
12 of the Richland Hills Code of Ordinances).
(2) The applicant failed to supply all of the information requested on the
application.
(3) The applicant gave false, fraudulent, or untruthful information on the
application.
(4) An applicant is under 18 years of age.
(5) An applicant or an applicant's spouse is overdue in payment to the city of
taxes, fees, fines, or penalties assessed against or imposed upon the applicant
or the applicant's spouse in relation to a sexually oriented business.
(6) An applicant or an applicant's spouse has been convicted of a violation of a
provision of this section, other than the offense of operating a sexually
oriented business without a license, within two years immediately preceding
the application. The fact that a conviction is being appealed shall have no
effect on the denial of a license.
(7} The application or renewal fee required by this article has not been paid.
(8} The applicant has not demonstrated that the owner of the sexually oriented
. business owns or holds a lease for the property or the applicable portion
ORDINANCE NO. PAGE 14
• thereof upon which the sexually oriented business will be situated or has a
legally enforceable right to acquire the same.
(9) An applicant or the proposed establishment is in violation of or is not in
compliance with any other provisions of this section.
(10) An applicant is the subject of an order from a court of competent jurisdiction
or an automatic statutory requirement to register as a sex offender for the
remainder of the lifetime of the applicant.
(11) An applicant or an applicant's spouse has been convicted of a crime:
a. Involving:
1. Any of the following offenses as described in Chapter 43 of
the Texas Penal Code:
(i) Prostitution;
(ii) Promotion of prostitution;
(iii) Aggravated promotion of prostitution;
(iv) Compelling prostitution;
(v) Obscenity;
(vi) Sale, distribution, or display of harmful material to a
• minor;
(vii) Sexual performance by a child; and/or
(viii) Possession or promotion of child pornography.
(ix) Employment harmful to children
2. Any of the following offenses as described in Chapter 21 of
the Texas Penal Code:
(i) Public lewdness;
(ii) Indecent exposure;
(iii) Indecency with a child.
3. Sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
4. Prohibited sexual conduct or harboring a runaway child as
described in Chapter 25 of the Texas Penal Code.
5. Criminal attempt, conspiracy, or solicitation to commit any of
the foregoing offenses.
6. Any other Penal Code offense which includes one of the
• above-listed offenses either as a component, an element or a
lesser-included offense.
ORDINANCE NO. PAGE 15
b. For which:
• 1. Less than two years have elapsed since the date of conviction,
or the date of release from the terms of probation, parole, or
deferred adjudication, or the date of release from confinement
imposed for the conviction, whichever is the later date, if the
conviction is of a misdemeanor offense; or
2. Less than five years have elapsed since the date of conviction,
or the date of release from the terms of probation, parole, or
deferred adjudication, or the date of release from confinement
imposed for the conviction, whichever is the later date, if the
conviction is of a felony offense; or
3. Less than five 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.
The fact that a conviction of the applicant or applicant's spouse is being
appealed shall have no effect on the disqualification. An applicant who has
• been convicted or whose spouse has been convicted of an offense listed in
this subsection may qualify for a sexually oriented business license only
when the time period required by this subsection has elapsed. 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.
(m) Inspection and maintenance of records.
An applicant or licensee shall permit representatives ofthe police department, health
department, fire department, and building inspections division to inspect the premises
of a sexually oriented business for the purpose of insuring compliance with the law,
at any time it is occupied or open for business. A person who operates a sexually
oriented business or his agent or employee commits an offense if he operates the
establishment without maintaining a current list of all employees employed by the
business, along with a complete update application. A valid driver's license, state
identification card, or passport, all with a photo, shall be required for all applications.
(n) Expiration of license.
• Each license shall expire on December 31 of each year. A license maybe renewed
by submission to the chief of police of an application on the form prescribed by the
ORDINANCE NO. PAGE 16
chief of police. Applications for renewal shall be made at least 30 days before the
• expiration date of the license.
(o) Suspension.
The chief of police shall suspend a license for a period not to exceed 30 days if the
chief determines that a licensee or an employee of a licensee has:
(1) Violated or is not in compliance with this section;
(2) Engaged in public intoxication while on the sexually oriented business
premises;
(3) Refused to allow an inspection of the sexually oriented business premises as
authorized by this article; or
(4) Knowingly permitted gambling by any person on the sexually oriented
business premises.
When the chief of police is authorized to suspend a license under this section, the
chief shall give the licensee the opportunity to pay a reinstatement fee, rather than
have the license suspended. Payment of this reinstatement fee shall be considered
an administrative admission of the violation. However, this shall not be used as an
• admission of guilt in a criminal prosecution under this article. If the licensee does
not pay the reinstatement fee before the expiration of the third working day after
notification, he loses the opportunity to pay it and the chief of police shall impose the
suspension. Each day in which a violation is permitted to continue shall constitute
a separate cause for suspension.
(p) Revocation.
The chief of police shall revoke a license if a cause of suspension in subsection (o)
occurs and the license has been suspended or a reinstatement fee paid within the
preceding two months. The chief of police shall revoke a license if the chief
determines that:
(1) A licensee gave false or misleading information in the material submitted to
the chief of police during the application process;
(2) A licensee or an employee has knowingly allowed possession, use, or sale of
controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the
premises;
• (4) A licensee or an employee knowingly operated a sexually oriented business
during a period of time when the licensee's license was suspended;
ORDINANCE NO. PAGE 17
• (5) A licensee has been convicted of an offense listed in subsection (I) for which
the time period required has not elapsed;
(6) On two or more occasions within a 12-month period, an employee of the
establishment committed in or on the licensed premises an offense listed in
subsection (I) for which a conviction has been obtained.
(7) A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur
in or on the licensed premises. The term "sexual contact" shall have the same
meaning as it is defined in Section 21.01, Texas Penal Code; or
(8) A licensee is delinquent in payment to the city for hotel occupancy taxes, ad
valorem taxes, or sales taxes related to the sexually oriented business.
The fact that a conviction is being appealed shall have no effect on the revocation of
the license. Subsection (p)(7) does not apply to adult motels as grounds for revoking
the license unless the licensee or employee knowingly allowed the act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a
public place or within public view. When the chief of police revokes a license, the
revocation shall continue for one year and the licensee shall not be issued a sexually
oriented business license for one 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 90
days have elapsed since the date the revocation became effective. If the license was
revoked under subsection (p)(5), an applicant may not be granted another license
until the appropriate number of years required under subsection (Z)(11)b has elapsed.
(q) Appeal.
If the chief of police is authorized to deny the issuance of a license, or suspend or
revoke a license, the chief of police shall give written notice to the applicant or
licensee of such intention.
(1) The notice shall provide that the denial of issuance, suspension, or revocation
shall take effect at the expiration of the third working day after notification
unless the licensee provides a written response to the chief of police before
the expiration of the third working day.
(2) If a written response from the applicant or licensee is received by the chief
of police before the expiration of the third working day, the suspension,
denial of issuance, or revocation will be stayed pending a decision by the
chief of police. The chief of police shall review the response before
rendering a decision.
•
ORDINANCE NO. PAGE 18
(3) The chief of police shall give written notice of such decision to the applicant
• or licensee.
(4) The decision by the chief of police is effective immediately and final pending
any appeal.
(5) Notice shall be deemed delivered by hand delivery to a licensee, owner, or
employee of the establishment or by a posting of the notice at the usual
business entrance of the establishment. Notice may also be sent by certified
mail, return receipt requested. Such notice shall be mailed to the address
listed in the license application for receipt of notice.
Upon receipt of written notice of the denial, suspension, or revocation, the licensee
whose application for a license has been denied or whose license has been suspended
or revoked shall have the right to appeal to an appropriate court. An appeal to the
appropriate court must be filed within 30 days after the receipt of notice of the
decision of the chief of police or decision of the license appeal board, as applicable.
The licensee or applicant shall bear the burden or proof in court.
(r) Transfer of license.
No person shall transfer his license to another person or operate a sexually oriented
business under the authority of a license at any place other than the address
• designated in the application. No person shall counterfeit, forge, change, deface, or
alter a license in any way.
II.
Penalty Clause. Any person who commits an offense under this section, as amended, shall
be charged by written citation with a class "C" misdemeanor criminal offense, and upon conviction
thereof shall be fined an amount not to exceed five hundred dollars ($500.00) for each offense.
III.
Severability Clause. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase,
clause, sentence, paragraph or section.
IV.
• Saving Clause. That Chapter 4 of the Code of Ordinances, City of Richland Hills, Texas,
as amended, shall remain in full force and effect, save and except as amended by this ordinance.
ORDINANCE NO. PAGE 19
V.
• Effective Date. This ordinance shall be in full force and effect from and after its passage and
publication as provided by the Richland Hills City Charter and the laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the
Richland Hills City Council on the ~-lday of ~l,nP , 2001, by a vote of ayes, ~ nays,
and 0 abstentions.
APPROVED:
C. F. Kelley, ayor
ATTEST:
Terri Willis, City Secretary
• APPROVED AS TO FORM AND LEGALITY:
James A. Cribbs, City Attorney
G:\Docs\R\RHills\Ordinances\Sex. Oriented Bus
060101
•
ORDINANCE NO. _~pl-O1 PAGE 21