Ordinance No. 13,905ORDINANCE NO. 13,905
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 4 "ADULT COMMERCIAL
ESTABLISHMENTS," ARTICLE II "SEXUALLY ORIENTED
COMMERCIAL ENTERPRISES," DIVISION 1 "GENERALLY, SECTION 4-
26 "DEFINITIONS" AND SECTION 4-29 "PROHIBITED ENTERPRISES,"
DIVISION 2 "PERMITS," SECTION 4-58 "APPLICATION," SUBSECTION
(D)(7), SUBSECTION (E), AND SUBSECTION (F)(4)A, AND SECTION 4-62
"ISSUANCE OR DENIAL," SUBSECTION (E)(1)B.10, DIVISION 3
"OPERATING REGULATIONS," SECTION 4-87 "ADDITIONAL
REGULATIONS FOR ADULT MOTELS," SUBSECTION (C), SECTION 4-88
"REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS OR VIDEOS," AND SECTION 4-92 "ENTERPRISE
OPERATING RESTRICTIONS," SUBSECTIONS (A)(4), (5), AND (18) OF
THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS,
RELATING TO THE ON -PREMISES USE OF DEVICES OR ANY OTHER
ITEMS INTENDED TO PROVIDE SEXUAL STIMULATION OR SEXUAL
GRATIFICATION; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND N0/100 DOLLARS ($500.00); CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 1 "Generally," Section 4-26 "Definitions" of the
Code of Ordinances of the City of Baytown, Texas, is hereby amended to revise the definitions
of "adult arcade," "adult encounter parlor" "arcade device," "enterprise," "escort agency,"
"entertainment," and "specified sexual activities" and to add the definition of "anthropomorphic
device or object," which definitions shall read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE II. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 1. GENERALLY
Sec. 4-26. Defmitions.
As used in this article, the following words and terms shall have the meanings ascribed to
them in this section, unless the context of their usage clearly indicates another meaning:
Adult arcade shall mean any premises that is subject to regulation under V.T.C.A., Local
Government Code, ch. 243, as amended, to which members of the public or members of any
club, group or association are admitted and permitted to use one or more arcade devices on the
premises.
Adult encounter parlor shall mean an establishment, business or commercial enterprise
whose primary business is the provision of a premises where customers either congregate,
associate, or consort with employees (i) who engage in specified sexual activities with or in the
presence of such customers, (ii) who display specified anatomical areas in the presence of such
customers with the intent of providing sexual stimulation or sexual gratification to such
customers, or (iii) who allow the use of an anthropomorphic device or object.
Anthropomorphic device or object shall mean any object, whether operated mechanically
or manually, having or resembling a human form, characteristic or attribute or having or
resembling the form, characteristic or attribute of a human body part, organ, or function.
Arcade device shall mean a coin- or slug -operated or electronically or mechanically
controlled machine or device that dispenses or effectuates the dispensing of entertainment that is
intended for viewing of five or fewer persons at any one time in exchange for any payment of
consideration. Arcade device shall also mean an anthropomorphic device or object that is utilized
for entertainment with one or more persons.
Enterprise shall mean an adult arcade, adult bookstore, adult cabaret, adult encounter
parlor, adult lounge, adult modeling studio, adult motion picture theater, adult theater, escort
agency, or any establishment whose primary business is the offering of a service or the selling,
renting or exhibiting of devices or any other items intended to provide sexual stimulation or
sexual gratification to its customers, to include arcade devices, and which distinguished by or
characterized by an emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
(1) Enterprises are classified as follows:
a. Class I enterprises. Class I enterprises conduct business regularly at a
specific location; and
b. Class II enterprises. Class H enterprises are individuals who offer, for
compensation, a service intended to provide sexual stimulation or sexual
gratification to customers at any location in the city, unless that individual
is an employee of a class I enterprise working at the location permitted
under a class I SOBP.
(2) The term "enterprise" shall not be construed to include:
a. Any business operated by or employing licensed psychologists, licensed
physical therapists, licensed athletic trainers, licensed cosmetologists, or
licensed barbers performing functions authorized under the licenses held;
b. Any business operated by or employing licensed physicians or licensed
chiropractors engaged in practicing the healing arts;
C. Any retail establishment whose primary business is the offering of
wearing apparel for sale to customers;
d. A massage establishment which is properly registered under Chapter 752,
Acts of the 69th Legislature, Regular Session, 1985 (Vernon's Ann. Civ.
St. art. 4512k), as amended;
e. A bookstore, movie theater or video store, unless that business is an adult
bookstore, adult motion picture theater, or adult video store;
f. A theater, concert hall, auditorium or similar commercial establishment
unless that business is an adult theater; or
g. A tanning facility that is properly licensed pursuant to V.T.C.A., Health
and Safety Code ch. 145, the Tanning Facility Act, as amended by Acts of
1995.
Escort agency shall mean a business that, for consideration furnishes, offers to furnish or
advertises to furnish escorts or arcade devices as one of its primary business purposes and offers
a service intended to provide sexual stimulation or sexual gratification to the customer.
Entertainment shall mean:
(1) any act or performance, such as a play, skit, reading, revue, pantomime, scene,
song, dance, musical rendition or striptease, whether performed by employees,
agents, contractors, or customers; or
(2) the use of anthropomorphic device or object for specified sexual activities.
The term "entertainment" shall also mean bartenders, waiters, waitresses, or other
employees exposing specified anatomical areas, engaging in specified sexual activities in
the presence of customers, or using anthropomorphic devices or objects.
Specified sexual activities shall mean:
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Sex acts, whether actual or simulated, including masturbation, sexual intercourse,
oral copulation or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair,
buttock or female breast or breasts, whether clothed or nude;
(4) Excretory functions as part of or in connection with any of the activities set forth
in subsections (1) through (3) above; or
(5) Any of the foregoing with an arcade device.
Section 2: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 1 "Generally," Section 4-29 "Prohibited
enterprises" of the Code of Ordinances of the City of Baytown, Texas, is hereby renamed and
amended to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE H. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 1. GENERALLY
Sec. 4-29. Prohibited.
(a) Prohibited enterprises. The following categories of sexually oriented enterprises are
prohibited in the city:
(1) Adult modeling studios;
(2) Escort agencies;
(3) Adult encounter parlors;
(4) Any enterprise whose employees appear in a state of total nudity;
(5) Any class II enterprise that provides services in a state of total nudity; and
(6) Any enterprise which rents, uses or allows the use of an anthropomorphic device
or object or the rental of an anthropomorphic device or object for use off premises
and return to the premises.
It shall be a violation to engage in these business activities in the city.
(b) Prohibited acts.
(1) It shall be unlawful for a business or enterprise that possesses, sells, distributes or
offers for sale or distribution anthropomorphic devices or objects to display and
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store such devices on the premises other than at a location behind a barrier or
inside an enclosed case that prevents a customer from accessing the
anthropomorphic device or object without the permission and assistance of a
business or enterprise employee.
(2) It shall be unlawful for any business or enterprise that possesses, sells, distributes
or offers for sale or distribution anthropomorphic devices or objects to allow a
customer to handle or otherwise touch an anthropomorphic device or object
outside of the presence of an employee of the business or enterprise and more
than three (3) feet away from the barrier or enclosed case behind or in which
anthropomorphic devices or objects are stored and displayed.
(3) It shall be unlawful for any business or enterprise that possesses, sells, distributes
or offers for sale or distribution anthropomorphic devices or objects to restock
and/or offer for sale or otherwise distribute an anthropomorphic device or object
that was previously allowed to leave the business or enterprise premises or that
was sold, delivered, or distributed at a different point of origin and brought into
and/or left at the business or enterprise premises.
Section 3: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 2 "Permits," Section 4-58 "Application,"
Subsection (d)(7) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE H. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 2. PERMITS
Sec. 4-58. Application.
(d) If the applicant is an individual, the applicant shall also provide the following:
(7) Fingerprints for the purpose of establishing identification;
Section 4: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 2 "Permits," Section 4-58 "Application,"
Subsection (e) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to
read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE II. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 2. PERMITS
See. 4-58. Application.
(e) If the applicant is a corporation, partnership, joint venture, or other similar business
entity, the applicant shall also include the following:
(1) A Texas corporation shall provide:
a. A certified copy of the articles of incorporation, together with all
amendments thereto;
b. The names and addresses of all current officers and directors; and
C. The name and address of each stockholder holding more than 5 percent of
the stock of the corporation.
(2) A foreign corporation shall provide:
a. A certified copy of the certificate of authority to transact business in this
state, together with all amendments thereto;
b. Names and addresses of all current officers and directors; and
C. The name and address of each stockholder holding more than five percent
of the stock of the corporation.
(3) A general or limited partnership shall provide:
a. The name and address of each of the partners, including limited partners;
and
b. The information required of corporate applicants in this section if one or
more of the partners is a corporation.
(4) A limited partnership formed under the laws of the state shall provide:
a. 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 Revised Limited Partnership Act (Vernon's Ann. Civ. St. art.
6132a-1).
b. The information required of corporate applicants in this section if one or
more of the partners is a corporation.
(5) A foreign limited partnership shall provide:
a. A certified copy of the certificate of limited partnership and the
qualification documents, together with all amendments thereto, filed in the
office of the secretary of state under the Texas Revised Limited
Partnership Act (Vernon's Ann. Civ. St. art. 6132a-1); and
b. The information required of corporate applicants in this section if one or
more of the partners is a corporation.
(6) A joint venture or other similar entity shall provide the names and addresses of
the participants and their driver's license or state identification numbers if the
participants are individuals. If any participant is a corporation or partnership, the
applicable information required in subsections (1), (2), (3), (4) and (5) above shall
be provided.
(7) As to each person required to be identified in this section, the application shall
also contain:
a. A statement as to any ownership interest that person has in any other
enterprise in the city;
b. A description as to any management supervisory or oversight
responsibility that person will have in the enterprise;
C. A valid driver's license number or state department of public safety
identification card number; and
d. A certification as to each officer, director, partner or participation that
he/she has not been convicted of any crimes listed in subsection 4-
62(e)(1)b.
Individual persons required to be identified and named in this subsection shall also
provide the items and information required above in subsection (d).
Section 5: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 2 "Permits," Section 4-58 "Application,"
Subsection (f)(4)a of the Code of Ordinances of the City of Baytown, Texas, is hereby amended
to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE H. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 2. PERMITS
See. 4-58. Application.
(f) Applicants for a class I SOBP shall also provide the following:
(4) A certification that the proposed enterprise will be located:
a. A minimum of 1,000 feet from an existing or planned child care facility,
school, hospital, public building, a public park, or church or place of
religious worship, or residential property. "Planned" means that steps have
been taken toward the facility's or structure's development, including, but
not limited to, permit received, a plat approved, design work started, a
bond received, or an order approved by a government entity's governing
body;
Section 6: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 2 "Permits," Section 4-62 "Issuance or denial,"
Subsection (e)(1)b.10 of the Code of Ordinances of the City of Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE II. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 2. PERMITS
Sec. 4-62. Issuance or denial.
(e) The SOBP shall be denied upon the finding by the director of any of the following facts:
(1)
b. The crimes considered in applying this section are:
10. A violation of these regulations described in Sections 4-29 and 4-
92.
Section 7: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 3 "Operating Regulations," Section 4-87
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"Additional regulations for adult motels," Subsection (c) of the Code of Ordinances of the City
of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE II. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 3. OPERATING REGULATIONS
Sec. 4-87. Additional regulations for adult motels.
(c) An "adult motel" permitted pursuant to these regulations:
(1) may have a resident manager living on-site. This shall not be considered a
residential use under the distancing requirements of subsection 4-58(f), but no
individuals under the age of 18 may live on-site; and
(2) shall not possess, sell, distribute, display or offer for sale, distribution, or use any
anthropomorphic devices or objects or allow employees to possess, sell,
distribute, display or offer for sale, distribution, or use any anthropomorphic
devices or objects on the premises.
Section 8: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 3 "Operating Regulations," Section 4-88
"Regulations pertaining to exhibition of sexually explicit films or videos" of the Code of
Ordinances of the City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE II. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 3. OPERATING REGULATIONS
Sec. 4-88. Regulations pertaining to exhibition of sexually explicit films or videos.
A person who operates or causes to be operated an enterprise other than an adult motel
which exhibits on the premises in a viewing room of less than 150 feet of floor space a film,
video cassette, computer program, or other visual reproduction depicting specified sexual
activities or specified anatomical areas has the duty to comply with the following requirements:
(1) 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,
excluding restrooms, to which any customer is allowed access for any purpose.
(2) If the premises has two or more manager's stations designated, the interior of the
premises shall be configured so that there is an unobstructed direct line of sight
view from at least one station to all portions of the premises where customers are
allowed access, excluding restrooms.
(3) An enterprise described under this section has the duty to maintain at least one
employee on duty and stationed in each manager's station at all times that any
customer is present inside the premises.
(4) An enterprise described under this section that sells, distributes, displays or offers
for sale or distribution of any anthropomorphic devices or objects:
a. shall store and display such devices behind a barrier or inside an enclosed
case that prevents a customer from accessing the anthropomorphic device
or object without the permission and assistance of a business or enterprise
employee;
b. shall not allow a customer to handle or otherwise touch an
anthropomorphic device or object outside of the presence of an employee
of the enterprise and more than three (3) feet away from the barrier or
enclosed case behind or in which anthropomorphic devices or objects are
stored and displayed;
C. shall not restock and/or offer for sale or otherwise distribute an
anthropomorphic device or object that was previously allowed to leave the
business or enterprise premises or that was sold, delivered, or distributed
at a different point of origin and brought into and/or left at the business or
enterprise premises; and
d. shall not allow employees or others to use any anthropomorphic devices or
objects on the premises.
Section 9: That Chapter 4 "Adult Commercial Establishments," Article II "Sexually
Oriented Commercial Enterprises," Division 3 "Operating Regulations," Section 4-92
"Enterprise operating restrictions," Subsections (a)(4), (5), and (18) of the Code of Ordinances of
the City of Baytown, Texas, are hereby amended and/or added to read as follows:
CHAPTER 4. ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE II. SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
DIVISION 3. OPERATING REGULATIONS
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Sec. 4-92. Enterprise operating restrictions.
(a) It is prohibited for:
(4) any person to engage in or allow another person to engage in sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or any other public
sexual acts prohibited by law, or acts which simulate the aforesaid, to include but
not be limited to, such acts performed with an athropomorphic device or object, at
or in permitted premises;
(5) any enterprise to exhibit advertisements, displays or other promotional materials
at the premises that are characterized by specified sexual activities or specified
anatomical areas, to include, but not be limited to, such acts, displays or
depictions with an athropomorphic device or object, and are visible from a public
road, sidewalk or other public place;
(18) any class I or class II enterprise to sell, distribute, display or offer for sale, use or
distribution of any anthropomorphic devices or objects or to allow employees,
performers or patrons to sell, distribute, display or offer for sale or distribution of
any anthropomorphic devices or objects on the enterprise premises or on the
premises of any location where a class II enterprise is performing or providing
any services.
Section 10: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND N0/100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the City may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 11: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency; and in all other respects, this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 12: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or set of circumstances; and to this end, all provisions of this ordinance are declared to
be severable.
Section 13: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
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the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED by the affirmative
City of Baytown this the 25th day of October, 2018. j
AT T:
L TICIA BRYSCH, City erk
APPROVED AS TO FORM:
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%TOBFS01 •Legal.KarenTiles.City Council Ordinances\2018.October 251SOBOrdinance.docx
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of the City Council of the
DONCARLOS, Wayor