§ 18-76. Operating requirements for enterprises.

(a)

The following shall be violations of these regulations punishable as authorized in the Texas Local Government Code § 243.010(b). Each day a violation continues constitutes and is punishable as a separate offense:

(1)

For any employee, enterprise operator or other SOBP holder to negligently allow any person below the age of 18 years to remain upon the premises or within the confines of the SOBE during the hours of operation;

(2)

For any person to be at a SOBE totally nude, except in an employee or independent contractor designated dressing room that is not visible or accessible to patrons of the opposite sex;

(3)

For any employee, independent contractor or other person providing entertainment services or for the enterprise operator to request or suggest that any patron, employee, independent contractor or other such person providing entertainment services become totally nude on the premises of the SOBE;

(4)

For any person or any employee, independent contractor or person providing entertainment services to engage in, or for an enterprise operator to allow another person to engage in, specified sexual activities as defined herein or in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any other public sexual acts prohibited by law, or acts which simulate the aforesaid at or in a permitted SOBE. This provision shall not apply to a live exhibition involving only one person which includes acts defined in section 18-52 (specified sexual activities, subsection (1) of that definition) or simulated acts described in this subsection and section 18-52 (specified sexual activities, subsections (2) and (3) of that definition);

(5)

For any SOBE to exhibit signs, billboards, advertisements, displays or other promotional materials on the premises that are characterized by specified sexual activities or depict specified prohibited anatomical areas and are visible from a public road, sidewalk or other public place;

(6)

For any SOBE to own or lease or to construct or have installed any exterior sign, billboard, advertisement, display or other exterior promotional material (collectively, sign) located or situated upon the premises other than a flat wall sign attached to the front of the main building with the total allowable area of the sign limited to one square foot per foot of front lot frontage; provided, however, any sign located or situated upon the premises of a SOBE which was lawful upon the effective date of the adoption of the ordinance from which these regulations are derived, although not conforming to the provisions hereof, may be allowed to remain provided that such sign shall not be extended, expanded, enlarged, nor structurally altered, unless such alteration converts such sign into conformity with the provisions hereof, and provided, further, a nonconforming sign shall not be rebuilt in the case of total destruction nor in the case of partial destruction if the damage or destruction exceeds 50 percent of the sign's fair market value;

(7)

For any SOBE to remain open for business or otherwise offer goods or services between the hours of 2:30 a.m. and 6:59 a.m. Monday through Saturday and 2:30 a.m. and 9:59 a.m. on Sunday;

(8)

For any person to conduct business as a SOBE in the incorporated areas of the city without a valid SOBP issued in accordance with these regulations;

(9)

For any person to counterfeit, forge, change, deface or alter a SOBP;

(10)

For any person to knowingly make any false, fraudulent or untruthful material representation, written or oral, or in any other way knowingly conceal any material fact required in the SOBP application;

(11)

For the enterprise operator to fail to notify the city secretary, promptly, after learning that any statement or representation in an SOBP application was false when made;

(12)

For any employee, independent contractor or other person providing entertainment services at a SOBE to knowingly provide materially false identification information which is required to be provided under section 18-68 to an enterprise operator;

(13)

For any person to attempt to transfer, assign or devise a SOBP, except as provided under section 18-74(a);

(14)

For any employee, independent contractor or other person participating in a live exhibition at a SOBE to do so less than two feet from the nearest patron;

(15)

For any employee, independent contractor or person who provides entertainment services to make physical contact or to touch in any manner through any method any patron in a SOBE while such employee, independent contractor or person is in a state of nudity or semi-nude; provided, however, that it is not a violation of this provision for the hand of a patron to come into contact with the hand of a person who provides entertainment services while the patron is conveying a tip;

(16)

For any patron in a SOBE to make physical contact or to touch in any manner through any method any employee, independent contractor or person who provides entertainment services while such employee, independent contractor or person is in a state of nudity or semi-nude; provided, however, that it is not a violation of this provision for the hand of a patron to come into contact with the hand of a person who provides entertainment services while the patron is conveying a tip;

(17)

For any patron to knowingly and intentionally make physical contact with or to touch an anus, genitals, pubic region or breast of any employee, independent contractor or person who provides entertainment services in any manner through any method;

(18)

For any employee, independent contractor or person who provides entertainment services to make physical contact with or to touch a patron in any manner through any method for the purpose of, or having the effect of, providing sexual stimulation or sexual gratification to the patron;

(19)

For an enterprise operator to fail to prominently display in locations readily observed by patrons a minimum of two signs at least 18 inches square bearing red letters a minimum of two inches high on a white background providing the following notice:

"Touching an employee, independent contractor, or person who provides entertainment services on the breast, buttock, anus, pubic region, or genitals or while such employee, independent contractor, or person is in a state of nudity or semi-nude is prohibited."

(20)

For any patron of a SOBE to place any form of consideration or gratuity upon the body of or into the clothing or accessories of any employee, independent contractor, or person who provides entertainment services at a SOBE or for any employee, independent contractor or person who provides entertainment services to accept any form of consideration or gratuity placed upon the body or into the clothing or accessories by a patron of a SOBE. Provided, however, such consideration or gratuity may be exchanged between a patron of the SOBE and any employee, independent contractor, or person who provides entertainment service at an SOBE from hand-to-hand;

(21)

For a enterprise operator to fail to prominently display in locations readily observed by patrons a minimum of two signs at least 18 inches square bearing red letters a minimum of two inches high on a white background providing the following notice:

"No tips, payments, or other forms of consideration may be placed on the body of or into the clothing or accessories of any employee, independent contractor or person providing entertainment services other than from hand-to-hand."

(22)

For any SOBE to be configured in such a manner that any area that is open to patrons cannot be viewed from other areas in its immediate vicinity, excluding restrooms and dressing rooms, or for the SOBE to be configured to include private rooms or cubicle-type areas into which patrons are allowed access;

(23)

For a SOBE to provide or maintain unisex or coed restrooms or to allow simultaneous access to a restroom by members of the opposite sex. It shall be the duty of the enterprise operator to post legible signs clearly designating separate restrooms for men and women;

(24)

Restrooms.

a.

For any patron of one sex to enter a restroom or dressing room designated for use by the opposite sex; and

b.

For any employee or independent contractor, who provides entertainment services while in a state of nudity or semi-nudity, to enter a restroom or dressing room designated for use by the opposite sex, regardless of whether the employee or independent contractor is in a state of nudity or semi-nudity at the time he/she enters the restroom or dressing room.

(b)

The following categories of SOBEs are prohibited:

(1)

Sexually oriented modeling studios and nude modeling studios;

(2)

Escort agencies;

(3)

Escorts;

(4)

Sexual encounter centers; and

(5)

Any SOBE whose employees, independent contractors, or persons providing entertainment services appear in a state of total nudity.

(c)

It is a violation of these regulations to operate, own, or occupy a prohibited SOBE.

(Ord. No. 348, § 26, 9-11-2006)