HomeMy WebLinkAboutORD 91-17 - Sexually Oriented BusinessWHEREAS, Section 215.074 of the Local Government Code authorizes home rule
municipalities to regulate the location and conduct of theaters, movie theaters and other places
of public amusement;
WHEREAS, Section 215.075 of the Local Government Code authorizes home rule
municipalities to license any lawful business or occupation that is subject to the police power of
the municipality;
WHEREAS, Section 216.901 of the Local Government Code authorizes home rule
municipalities to license, regulate, control, or prohibit the erection of signs or billboards;
WHEREAS, Section 54.004 of the Local Government Code authorizes home rule
municipalities to enforce ordinances necessary to protect health, life, and property and to preserve
the good government, order, and security of the municipality and its inhabitants;
WHEREAS, the Texas Legislature has determined that the unrestricted location of certain
sexually -oriented businesses may be detrimental to the public health, safety, and welfare by
contributing to the decline of residential and business neighborhoods and the growth of criminal
activity;
WHEREAS, Section 243.003 of the Local Government Code authorizes municipalities and
counties to adopt regulations restricting the location of sexually oriented businesses, which are
defined in Section 243.002 to include a massage parlor, nude studio, modeling studio, love parlor,
or other similar commercial enterprise the major business of which is the offering of a service
that is intended to provide sexual stimulation or sexual gratification to the customer;
WHEREAS, at a regular City Council meeting on February 12, 1991, residents of the City
of Georgetown requested that the City Council considered an ordinance regulating sexually
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oriented business, due to the negative secondary effects of such businesses on surrounding
neighborhoods;
WHEREAS, the Planning and Zoning Commission held a public hearing on March 5,
1991, to hear testimony from proponents and opponents of such regulations;
WHEREAS, the City Attorney has compiled a report of findings and submitted it to the
City Council regarding to the proposed enactment of such regulations;
WHEREAS, the City Council finds that sexually oriented businesses tend to require
special supervision from 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 residents of the City;
WHEREAS, the City Council finds that sexually oriented businesses are frequently used
for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature;
WHEREAS, the City Council finds that churches and schools are centers of family
oriented activities;
WHEREAS, the City Council finds that sexually oriented commercial enterprises can exert
a dehumanizing influence on persons attending churches or schools in the surrounding area;
WHEREAS, the City Council finds a concentration of sexually oriented commercial
enterprises can contribute to a decline in the value of surrounding properties;
WHEREAS, the City Council finds that a concentration of sexually oriented commercial
enterprises can contribute to an increase in criminal activities in surrounding areas;
WHEREAS, the City Council finds that the signs and exterior portions of sexually
oriented commercial enterprises, adult bookstores, adult movie theaters and massage
establishments can be detrimental to the mental health of minors viewing such signs and exterior
portions;
WHEREAS, Section 243.005 of the Local Government Code provides that premises
holding alcoholic beverage permits and licenses may be included within the scope of the
regulations adopted regarding sexually oriented businesses;
WHEREAS, the City Council finds that the sexually oriented businesses having alcoholic
beverage licenses and permits exert the same influences on churches and schools, have the same
effect on property values, and contribute in the'same manner to criminal activities as do those
which do not serve alcohol, and that they should be included in the scope of the regulations
regarding sexually oriented commercial enterprises;
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WHEREAS, the City Council finds that sexually oriented businesses exert the same
influences on day care centers as on churches and schools, and that child care facilities should
be afforded the same degree of land use protection;
WHEREAS, the City Council acknowledges that adult businesses should be located in
particular areas;
WHEREAS, the City Council recognizes that adult businesses should not be located near
churches, schools or within residential areas;
WHEREAS, in order to protect the health and welfare of all residents within the City of
Georgetown, the City Council has found it necessary to restrict the areas in which adult
businesses shall be located;
WHEREAS, the City Council has found that this action implements growth and physical
development policies 1 & 2 of the Century Plan - Policy Plan Element and Policy 8 Goal B
Objective 1 of the Century Plan - Development Plan, and is not found to be inconsistent or in
conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative
Chapter of the Policy Plan;
NOW, •'I BE IT ORDAINED C E CITY COUNCIL OF !' OF
GEORGETOWN,
SECTION 1.
The facts and recitations contained in the preamble of this ordinance are hereby found and
declared to be true and correct, and are incorporated by reference herein and expressly made a
part hereof, as if copied verbatim.
SECTION 2.
The attached Exhibit "A', relating to the Regulation of Sexually Oriented Businesses, is
hereby adopted by the City Council of the City of Georgetown, Texas, and incorporated herein
for all purposes.
SECTION 3.
If any provision of this ordinance or application thereof to any person or circumstance,
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof,
of this ordinance which can be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are hereby declared to be severable.
Sexual Oriented Businesses Ordinance leo. 6 � 1
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ft [001 C�
This ordinance shall become effective and be in full force and effect 10 days] on and after
its passage on second reading by the City Council and duly signed by the Mayor and attested by
the City Secretary. Publication in accordance with the provisions of the Charter of the City of
Georgetown is accordingly so ordained.
PASSED AND APPROVED on First Reading on the1/1
day of , 1991.
PASSED AND APPROVED on Second Reading on the tip: day of �.� , 1991.
Elizabeth Gray
City Secretary
Marianne Landers Banks
City Attorney
Sexual Oriented Businesses Ordinance No.
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THE CITY OF GEORGETOWN:
By:
Mayor
PWA ai i •'191 4VjILAj'jqW,AL S. �;;
The definitions, as used in these regulations, shall be taken as the meaning unless the
context clearly indicates to the contrary or unless the Zoning Ordinance of the City of
Georgetown indicates otherwise.
(1) "Adult Motel" means a hotel, motel or similar commercial establishment which:
(A) offers accommodations to the public for any form of consideration.; provides
patrons with closed-circuit television transmissions, films, motion pictures, video cassettes,
slides, or other photographic reproductions which are characterized by to depiction or
description of "specified sexual activities" or "specified anatomical areas"; and has a sign
visible from the public right of way which advertises the availability of this adult type of
photographic reproductions; or
(B) offers a sleeping room for rent for a period of time that is less than 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 10 hours.
(2) "Church" shall mean a building in which persons regularly assemble to worship,
intended primarily for purposes connected with faith or for propagating a particular form of
religion.
(3) "City" shall mean the City of Georgetown, Texas.
(4) "City Council" shall mean the City Council of the City of Georgetown, Texas.
(5) "City Manager" shall mean the City Manager of the City of Georgetown, Texas, as
appointed by the City Council of the City of Georgetown, Texas.
(b) "Cit, Secretary" shall mean the City Secretary of the City of Georgetown, Texas, as
appointed by the City Council of the City of Georgetown, Texas.
(7) "Detailed Development Plan" shall mean a detailed development plan as defined in
Section 27000 of the Subdivision Regulations of the City of Georgetown, Texas, as it may be
amended from time to time.
(8) "Person" shall mean an individual, partnership, or corporation or other entity.
(9) "Regulations" shall mean the provisions of this ordinance, as it may be amended from
time to time.
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(10) "School" shall mean a building where persons regularly assemble for the purpose
of instruction or education, together with playgrounds, dormitories, stadia and other structures
or grounds used in conjunction therewith and is limited to public and private schools used for
preschool, primary, secondary or college education, and child care facilities.
(11) "Special Permit" shall mean a special permit issued through the process established
in Part 3 of the Zoning Ordinance of the City of Georgetown, Texas, as it may be amended from
time to time.
(12) "Sexually Oriented Business" shall mean any commercial enterprise whose major
business is the offering of a product or service which is intended to provide sexual stimulation
or sexual gratification to the customer, and which is distinguished by or characterized by an
emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas". This term shall include, but not be limited to, adult arcades, adult bookstores,
adult video stores, adult movie theaters, adult theaters, massage parlors, nude studios, modeling
studios, love parlors, and other similar establishments.
(13) "Specified Anatomical Areas" shall mean any one of the following: less than
completely and opaquely covered human genitals, pubic region or pubic hair, buttock, female
breast or breasts below a point immediately above the top of the areola, or any combination of
the foregoing; or human male genitals in a discernibly erect state, even if completely and
opaquely covered.
(14) "Specified Sexual Activities" shall mean any one of the following: human genitals
in a discernible state of sexual stimulation or arousal; acts of human masturbation, sexual
intercourse or sodomy; fondling or other erotic touching of human genitals, pubic region or pubic
hair, buttock or female breast or breasts; or any combination of the foregoing.
(15) "State" shall mean the State of Texas.
(16) "Zoning Ordinance" shall mean the Zoning Ordinance of the City of Georgetown,
Texas, as it may be amended from time to time.
M110090 .. 0,
1. It is the purpose of this ordinance to regulate sexually oriented businesses to promote
the health, safety and general welfare of the residents of the City; to protect and preserve the
quality, property values, and character of the City; to prevent the concentration of sexually
oriented businesses within the City; and to minimize the potential negative impacts of sexually
oriented businesses on residential areas, churches, schools and public areas.
2. It is expressly not the intent or effect of this ordinance to impose a limitation or
restriction on the content of any communicative materials, including sexually oriented materials.
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Nor is it the intent or effect of this ordinance 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.
3. It is the intent of the City that the location regulations of this ordinance related to
massage parlors, nude studios, modeling studios, love parlors, and other similar commercial
enterprises whose major business is the offering of a service that is intended to provide sexual
stimulation or sexual gratification to the customer, are promulgated pursuant to Sections 243.001,
et seq., of the Texas Local Government Code. It is the intent of the City that all other
regulations of this ordinance are promulgated pursuant to Sections 54.004, 215.074, 215.075, and
216.901 of the Texas Local Government Code, and in accordance with the City Charter of the
City of Georgetown.
1. The location of sexually oriented businesses is allowed in the Industrial ("I") Zoning
District, subject to the distance and licensing requirements of this ordinance, and applicable
Zoning Ordinance requirements. The location of sexually oriented businesses is allowed by
Special Permit in the following zoning districts: Local Commercial ("C4"); Commercial, First
Height ("C -2A"); and Commercial, Second Height ("C-213") and subject to the licensing
requirements of this ordinance. All references to zoning districts are references to those districts
established by the Zoning Ordinance of the City of Georgetown.
2. Each structure housing a sexually oriented business shall be located at least 600 feet
from the property line of any residentially -zoned property, or from the property line of any lot
used for church, school or park purposes, and shall be located 1,000 feet from any other structure
housing a sexually oriented business. For the purposes of this section, measurement shall be
made in a straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where a sexually oriented
business is conducted, to the nearest property line of the premises of a church, school, park,
residential district.
3. Each sexually oriented business shall comply with all of the City's sign requirements,
including all requirements in the Zoning Ordinance, as it may be amended from time to time.
Additionally, such signs as are used shall not advertise, either graphically or verbally, either by
explicit or literal expression, connotation, or implied reference, any specified sexual activities or
specified anatomical areas.
D* i # EXHIBITION OF SEXUALLY EXPLICIT
OR VIDEOS
a. A person who operates or causes to be operated a sexually oriented business, which
exhibits on the premises in a viewing room less than 400 square feet of floor space, a film, video
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ri
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cassette, or other video reproduction which depicts specified sexual activities or specified
anatomical areas, shall comply with the following requirements:
1. Upon application for a sexually oriented business license, the application shall
be accompanied by a diagram of the premises showing a plan thereof specifying
the location of one or more a manager's stations and the location of all overhead
lighting fixtures and designating any portion of the premises in which patrons will
not be permitted. A manager's station may not exceed 32 square feet of floor
area. The diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram in the nature
of an engineer's or architect's blueprint shall not be required; however each
diagram should be oriented to the north or to some designated scale or with
marked dimensions sufficient to show the various internal dimensions of all areas
of the interior of the premises to an accuracy of plus or minus six inches. The
City Secretary 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 City Secretary.
4. It is the duty of the owners and operator of the premises to ensure that at least
one employee is on duty and situated in each manager's station at all times that
any patron is present inside the premises.
5. The interior of the premises shall be configured in such a manner that there is
an unobstructed view from a manager's station of every area of the premises to
which any patron is permitted access for any purpose excluding restrooms.
Restrooms may not contain video reproduction equipment. If the premises has
two 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 of the manager's stations. The view required in this subsection must be by
direct line of sight from the manager's station.
6. It shall be the duty of the owners and operator, and it shall also be the duty
of any agents and employees present on the premises to ensure that the view area
specified in Subsection (5) above remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all to ensure that no patron is
permitted access to any area of the premises which has been designated as an area
in which patrons will not be permitted in the application filed pursuant to
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Subsection (1) above.
7. The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than one (1.0) footcandle as measured at the floor level.
8. It shall be the duty of the owners and operator and it shall also be the duty of
any agents and employees present on the premises to ensure that the illumination
described above, is maintained at all times that any patron is present on the
premises.
(b) A person having a duty under Subsections (1) and (8) of Subsection D of this
Ordinance commits an offense if he knowingly fails to fulfill that duty.
1111 1 1115[3113 1111i[CMUINN"o
1. Evidence that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two or more times in a period of time that is less than 10 hours
creates a rebuttable presumption that the establishment is an adult motel as that term is defined
in this chapter.
2. A person commits an offense if, as the person in control of a sleeping room in a hotel,
motel, or similar commercial establishment that does not have a sexually oriented business
license, he rents or subrents a sleeping room to a person and, within 10 hours from teh time the
room is rented, he rents or subrents the same sleeping room again.
3. For purposes of Subsection (b) of this section, the terms "rent" or "subrent" mean the
act of permiting a room to be occupied for any form of considerations
The regulations contained in this ordinance do not apply to the following:
1. Any business operated by or employing psychologists, physical therapists, athletic
trainers, masseuses, cosmetologists, or barbers, 'licensed by the State of Texas and performing
functions authorized under the licenses held,
2. Any business operated by or employing physicians, osteopaths, nurses or chiropractors,
licensed by the State of Texas, engaged in practicing the healing arts; and
3. Any retail business whose major business is the offering of wearing apparel for sale
to customers.
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1. All sexually oriented businesses to be operated within the City shall first obtain a valid
license under the provisions of this ordinance.
2. A license shall only be issued for sexually oriented businesses that fulfill the locational
and zoning requirements of Section C of this ordinance.
3. A business is not exempt from regulation under this ordinance because it holds a
license or permit under the Alcoholic Beverage Code authorizing the sale or service of alcoholic
beverages.
A license issued under these regulations shall be displayed at all times in an open and
conspicuous place on the premises of the sexually oriented business for which it was issued.
I. APPLICATION FOR A LICENSE
1. Any person desiring a license shall file a sworn written application with the City
Secretary, on a form provided by the City Secretary. The application shall set forth the
following:
a. The name of the applicant and whether the applicant is an individual,
general partnership, limited partnership, corporation or other entity.
b. The name under which the sexually oriented business is to operated and
a general description of the services or products to be provided.
c. The address and legal description of the parcel of land on which the
sexually oriented business is to be located.
d. The name, resident address and telephone number of the manager or
other individual to be principally in charge of the operation of the sexually
oriented business.
e. A written declaration that the information contained in the application
is true and correct.
f. If the applicant is an individual, ;the application shall be signed and
verified by the applicant. If the applicant is a partnership, the application shall be
signed and verified by all of the partners thereof. If the applicant is a corporation
or other entity, the application shall be signed and verified by the President and
Sexual Oriented Businesses Ordinance No.
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the Treasurer of such corporation or entity.
2. In addition, the application shall be accompanied by the following.
a. Payment of the license fee, as provided in this ordinance, and any fees required
by the Zoning Ordinance.
b. A certified copy of the Assumed Name Certificate filed in compliance
with the Assumed Business or Professional Name Act (Texas Revised Civil
Statutes, Business and Commerce Code, Chapter 36), if the applicant is to operate
the sexually oriented business under the assumed name.
c. If the applicant is a Texas Corporation, a certified copy of the Articles
of Incorporation, together with all amendments thereto, shall be filed.
d. If the applicant is a foreign corporation, a certified copy of the
Certificate of Authority to Transact Business in the State, together with all
amendments thereto, shall be filed.
e. If the applicant is a foreign or limited partnership, a certified copy of
the Certificate of Limited Partnership, together with all amendments thereto, filed
in the Office of the Secretary of State under the Texas Limited Partnership Act
(Article 6132a of Texas Revised Civil Statutes).
f. A complete list of persons employed by the sexually oriented business,
including their age, date and place of birth, social security number, driver's license
number and salary or wage rate. This list shall be updated monthly by a verified
report to the City Secretary, listing all of the above information for any employees
hired during the previous month.
g. A Retailed Development Plan which describes the dimensions and
location of the sexually oriented business and clearly shows it to be in compliance
with the locational requirements of Section C of this ordinance and with the
Zoning Ordinance.
INVESTIGATION, OR DENUL OF LICENSE
L Upon receiving an application for a license, the City Secretary, or their designee, shall
conduct an investigation for the purpose of determining whether the requirements of this
ordinance have been satisfied or not. The City Secretary shall coordinate this investigation with
the Director of Development and Planning in order to determine if the application complies with
the zoning, locational and sign requirements as set forth in these regulations. The City Secretary
shall deny the application for a license if any requirement of this ordinance is not satisfied.
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2. The City Secretary shall deny the application for a license if one or more of the
following is determined to be true:
a. An applicant is under 18 years of age;
b. 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;
c. 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;
d. An applicant or an applicant's spouse has been convicted of a violation of a
provision of this ordinance, 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;
e. The license fee required by this ordinance has not been paid.
f. An applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated an inability to
operate or manage a sexually oriented business premises in a peaceful and law-abiding
manner, thus necessitating action by law enforcement officers.
g. An applicant or an applicant's spouse has been convicted of a crime:
(1) involving:
(a) any of the following offenses as described in Chapter 43 of the
Texas Penal Code: prostitution; promotion of prostitution; aggravated
promotion of prostitution; obscenity; sale, distribution, or display of
harmful material to minors; sexual performance by a child; possession of
child pornography;
(b) any of the following offenses as described in Chapter 21 of the
Texas Penal Code; public lewdness; indecent exposure; indecency with a
child;
(c) sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code; or
(d) incest, solicitation of a child, or harboring a runaway child as
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described in Chapter 25 of the Texas Penal Code; or
(e) criminal attempt, conspiracy, or solicitation to commit any of
the foregoing offenses;
(2) for which.
(a) less than two years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later d4c te, if the conviction is of a misdemeanor offense,
(b) less than five 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
(c) 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;
2. The fact that a conviction is being appealed shall have no effect on the disqualification
of the applicant or applicant's spouse.
3. An applicant who has been convicted or whose spouse has been convicted of an
offense listed in Subsection 2 of Section H may qualify for a sexually oriented business license
only when the time period required by that Subsection has elapsed.
4. 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.
5. The City Secretary shall notify each applicant of their eligibility for a license within
twenty days of receipt of the completed application. If the applicant complies with the provisions
of these regulations, then the City Secretary shall issue a license. In the event that an applicant
fails to comply with these regulations, then the applicant shall be so notified and be entitled to
a hearing held pursuant to the provisions of this ordinance.
K. LICENSE FEE
To defray the cost of processing the license application, the applicant shall pay a fee in
the amount of One Hundred and No/100 Dollars ($100.00), which shall be credited toward the
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Special Permit fee, if a Special Permit is requested by the applicant. No portion of any fee
collected under this section shall be returned after a license has been issued or denied. To defray
the cost of processing renewal license application, the applicant shall pay a fee in the amount of
Fifty and No/100 Dollars ($50.00).
A license shall not be transferred to another, nor shall a license holder operate a sexually
oriented business under the authority of a license at any place other than the address designated
in the application.
Each license shall be effective when issued and shall be renewable annually upon filing
an application as provided for herein. All license are renewable on the anniversary date of each
year succeeding the year in which they are first issued.
1. The Chief of Police, or his designee, shall have the power to administer and enforce
the provisions of these regulations upon presentation of proper identification to the owner, agent,
or tenant in charge of any premises where a sexually oriented business is located. The Chief of
Police, or his designee, may enter for the purposes of inspection or investigation to insure
compliance with the terms of these regulations, any building, structure or other premises where
the sexually oriented business is located, at any time it is occupied and open for business.
2. A person who operates a sexually oriented business or his agent or employee commits
an offense if he refuses to permit a lawful inspection of the premises by a representative of the
Chief of Police at any time it is occupied or open for business.
3. However, when the Chief of Police, or his designee, is denied permission to inspect
any premises, inspection shall be made only under the authority of a warrant issued by a
Magistrate authorizing the inspection for violations of these regulations. In applying for such a
warrant, the Chief of Police, or his designee, shall submit an affidavit to a Magistrate setting
forth his belief that a violation of these regulations exists with respect to the premises sought to
be inspected and the reasons for such belief. The affidavit shall designee the location of such
operator, or occupant thereof. If the Magistrate finds that probable cause exists for a search of
the premises, such warrant describing the premises with sufficient certainty to identify the same.
A warrant so issued shall constitute authority for the Chief of Police, or his designee, to enter
upon or inspect the premises described therein.
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1. The City Manager, or their designee, is hereby granted, and shall have the power to
suspend any and all licenses authorized by these regulations, subject to the requirements of
Section N, if he determines that a licensee or employee of a licensee has.
a. violated or is not in compliance with any provision of this ordinance;
b. engaged in excessive us of alcoholic beverages while on the sexually oriented
business premises;
c. refused to all an inspection of the sexually oriented business premises as
authorized by this ordinance;
d. knowingly permitted gambling by any person on the sexually oriented business
premises; or
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.
2. The City Manager, or their designee, is hereby granted, and shall have the power to
revoke any and all licenses authorized by these regulations, subject to the requirements of Section
N, if he determines that.0
a. a licensee gave false or misleading information in the material submitted to the
City Secretary during the application process;
b. a licensee or an employee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
c. a licensee or an employee knowingly operated the sexually oriented business
during a period of time when the licensee's license was suspended;
d. a licensee has been convicted of an offense listed in Subsection 2 of Section
H of this ordinance for which the time period required in that subsection has
elapsed;
e. on two or more occasions within a twelve-month period, a person or persons
committed an offense occurring in or on the licensed premises of a crime in
Subsection 2 of Section H, for which a conviction has been obtained, and the
person or persons were employees of the sexually oriented business at the time the
offenses were committed;
f. a licensee or an employee has knowingly allowed any specified sexual
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activities to occur in or on the sexually oriented business premises; or
g. a licensee is delinquent in payment to the City for taxes, fees, fines, or
penalties.
Additionally, the City Manager, or his designee, shalt revoke a license if a cause of suspension
as listed in Subsection 1 of this Section occurs and the license has been suspended within the
preceding twelve months.
The City Manager, or their designee, shall conduct a hearing prior to the suspension,
revocation or denial of any license authorized under these regulations. The person whose license
is under consideration shall be given at least ten calendar days written notice prior to the date
of the hearing, unless such notice is waived by the applicant, and shall be permitted to present
relevant facts and legal argument regarding the pending revocation or denial. Following such
hearing, the City Manager, or their designee, shall consider the merits of the case and shall
present a written opinion prior to any action. Any person wishing to appeal the decision of the
City Manager, or their designate, regarding the suspension, revocation or denial of a license may,
within ten days after date of the written opinion filed by the City Manager, or his designee,
appeal such decision to the City Council of the City of Georgetown by written notice to the City
Manager, setting out the basis of such appeal. The City Council shall hold a hearing on the
license suspension, revocation or denial within ten days of the receipt of written notice of appeal
provided, however, that the appealing party shalt be required to comply with the decision of the
City Secretary, or his designee, during the pendency of the appeal.
Q.
AMORTIZATION OF NONCONFORMING USES
1. Any use in conflict with the purposes or terms of this ordinance shall be entirely
discontinued and shall thereafter cease operation within five years from the date any such use
becomes nonconforming under this ordinance. If such nonconforming use is discontinued,
interrupted or changed, any future use is discontinued, interrupted or changed, any future use of
such land shall be in conformity with the provisions of this ordinance.
2. All existing sexually oriented businesses, even nonconforming uses under this
ordinance, are required to be licensed and shall apply for a license within sixty calendar days of
the date of passage of this Section. All existing sexually oriented businesses must be in
compliance with the provisions of these regulations and secure a license within ninety calendar
days of the passage of this ordinance.
3. The issuance of a yearly license hereunder shall not affect the amortization of
nonconforming uses as provided herein.
Sexual Oriented Businesses Ordinance No.
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i
L False or fraudulent statements - It shall be unlawful for any person
to knowingly make any false, fraudulent or untruthful statement,
either written or oral, or in any way knowingly to conceal any
material fact or to give or use any assumed name or fictitious name
other than the one duly filed for record in compliance with the
Assumed Business or Professional Name Act (Texas Business and
Commerce Code Annotated, Chapter 36)
2. Use of another's license unlawful - It shall be unlawful for any
individual, partnership, corporation or other entity to use a license
which has been issued to another individual, partnership,
corporation or other entity.
3. Unlawful to deface alter, etc. a license - It shall be unlawful for
any person to counterfeit, forge, change, deface or alter a license.
4. Violation deemed a misdemeanor - Where authorized by law, the
violation of any provision of these regulations will be considered
a misdemeanor.
S. INJUNCTION
A person who operates or causes to be operated a sexually oriented business without a
valid license or in violation of this ordinance is subject to a suit for injunction as well as
prosecution for criminal violations.
To NOT TO LEGALIZE ANYTIHNG PROHIBITED BY STATE LAW OR CITT
ORDINANCE
These regulations do not legalize anything prohibited under the penal code or any other
state law or city ordinance. Further, any violation of the Penal Code or other state law or city
ordinance shall be deemed grounds for revocation of the license issued.
Sexual Oriented Businesses Ordinance No. j
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