Ordinance No. 3,128f : Ti;``' ,_ + i { 10423 -2
ORDINANCE NO. 3128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING THE CODE OF ORDINANCES BY THE ADDITION OF A
NEW CHAPTER 22 "ADULT COMMERCIAL ESTABLISHMENTS ",
LICENSING AND REGULATING MASSAGE PARLORS AND SEXUALLY
ORIENTED COMMERCIAL ENTERPRISES; ESTABLISHING OPERATION
REQUIREMENTS; PROVIDING FOR THE SUSPENSION AND REVOCAT-
ION OF LICENSES; CONTAINING A SAVINGS CLAUSE; PROVIDING
A REPEALING CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF
$200.00; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the Code of Ordinances, City of Baytown,
Texas, is hereby amended by adding a chapter, to be numbered
Chapter 22, which Chapter reads as follows:
CHAPTER 22
ADULT COMMERCIAL ESTABLISHMENTS
ARTICLE I.
MASSAGE PARLORS
Section 22 -1. Definitions.
For the purpose of this Article, the terms
herein shall be defined as follows:
(a) Massage shall mean the act or art of treating
the human body or any part thereof by rubbing,
kneading, tapping, compression, vibration, appli-
cation of friction or percussion or like adminis-
trations to stimulate circulation or increase
suppleness for a charge, direct or indirect.
(b) Massage establishment license shall mean that
document issued by the city to an establishment
where massages are furnished.
(c) License shall mean that document issued by
the city to a person who administers massages or
operates a massage establishment.
(d) Massaginist shall mean a person who administers
massages.
(e) Massage establishment shall mean any building,
room, place or establishment where massages are
practiced upon the human body for a charge, either
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directly or indirectly, by a person, whether with
or without the use of mechanical, therapeutic or
bathing devices, whether primary or an incidental
activity of the establishment in which the massage
is performed.
(f) Genitals shall mean the external sexual
organs.
(g) Health certificate shall mean a certificate
from a medical doctor licensed to practice in
Harris County, Texas, showing that the person
named therein has been examined and is free from
any infectious or communicable disease.
(h) Charge, either directly or indirectly shall
refer to a salary, commission, gratuity or other
remuneration as paid or made available to a massa-
ginist administering massages as a primary or
incidental activity resulting from such payment; a
charge, fee, dues or other payment for the purpose
of receiving any service or use of an establishment
which provides for the payor the opportunity to
obtain a massage.
Section 22 -2. Generally.
(a) Licenses issued pursuant to this Article
shall be valid, except as otherwise provided
herein, from the date of issuance through December
31st, of the year in which the license is issued.
Any license obtained, as required by this Article,
shall be posted and kept in a conspicuous place in
the massage establishment. Any license issued
pursuant to this Article shall not be assignable
to any other person, firm, corporation or other
entity.
(b) The city shall be authorized to make or cause
to be made inspections to determine compliance
with the provisions of this Article in any massage
establishment in order to safeguard the health,
safety and welfare of the public. The Chief Sani-
tarian or his deputy shall be authorized to make
or cause to be made inspections to determine the
sanitary conditions of any massage establishment
in order to safeguard the health, safety and
welfare of the public. Such inspections may be
made at any time during which a massage establishment
is open for business pursuant to the provisions of
this Article.
(c) The operation of any business, administration
of any massage, or use of any license issued
pursuant to this Article contrary to any provision
of this Article or the failure to comply with any
provision of this Article,
(1) Shall constitute a violation of this
Article which shall be punishable by a fine
of not less than $25.00 nor more than $200.00.
Each day the offense continues shall constitute
a new and separate offense subject to the
same penalty under this subsection, and
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(2) Shall cause the holder thereof to be
subject to any other provisions for suspen-
sion, revocation or denial as provided herein
and any other civil or criminal action or
penalty or proceeding provided by law.
(d) The provisions of this Article shall not
apply to a duly licensed physician, osteopath,
chiropractor or a registered nurse or licensed
vocational or practical nurse acting at the direct-
ion of a doctor; nor to a duly licensed establishment
wherein registered physical therapists treat only
patients recommended by a licensed physician,
osteopath or chiropractor; nor shall it apply to
athletic trainers of a bona fide athletic team
when such trainers are massaging members of said
team; nor to a duly licensed hospital or medical
clinic; nor to duly licensed barbers or beauticians
who administer massages to the neck, face, scalp
and hair of the client for cosmetic purposes.
(e) Other than as specifically excepted in the
subsection next above no massage shall be adminis-
tered by a person who does not have a current
valid massaginist license.
(f) Any person, to whom this ordinance is appli-
cable and who operates a massage establishment or
gives massages for a charge shall, within one
month of the date of passage of this Article, make
application for the required license. In the
event that the person making application is
unable to complete the application due to a defici-
ency in the required training he shall be given a
period not to exceed seven (7) months in which to
obtain the necessary training. A temporary
license may be issued under this section when the
applicant presents satisfactory evidence to the
Chief Sanitarian of his intent to obtain the
required training from a recognized instructional
facility.
Section 22 -3. Massage establishment license.
(a) No license to engage in the business of
operating a massage establishment, shall be issued
until an application therefore has been completed
and filed with the Chief Sanitarian and no massage
establishment shall engage the business of providing
massages within the limits of the City of Baytown
until such license has been issued.
(b) The City shall provide to an applicant for a
massage establishment license a form containing
the information as hereinafter specified which
shall be completed and filed with the city by each
applicant for such license to be accompanied with
payment of the applicable license fee. Said
application shall be executed under oath attesting
to the truth and accuracy of the information
contained therein. The application shall request
of the applicant the following information:
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(1) A detailed description of the business
to be operated.
(2) The name of the business.
(3) The location where the business is
proposed to be carried on and the tele-
phone number at said location.
(4) The legal name of the applicant for the
license. If the applicant is a corporation,
the date upon which such corporation was
registered pursuant to the laws of the
State of Texas, the name of its registered
agent, the address of its registered
office if the same is different from the
address of the location of the business.
If the business is not a corporation,
the name, home addresses and home telephone
numbers of all persons having an owner-
ship interest in such business.
(5) The addresses of any residences of the
applicant within the ninety (90) days
preceding the date of the application.
(6) The home address of the applicant and
his telephone number and the length at
which the applicant has been a resident
of such address.
(7) The social security and federal employer's
identification number of the applicant.
(8) The name, address, birthdate, social
security number, current telephone
number and sex of each massaginist
presently employed, or who will be
employed by the present applicant. For
each so -named massaginist, a copy of a
health certificate as defined in this
Article, issued not more than fifteen
(15) days prior to the submittal of this
application, shall be attached to said
application.
(9) Names and addresses of all persons or
legal entities owning and /or controlling
said applicant including but not limited
to all partners, principals or managers
and also if the applicant is a corporation
then the officers, directors and shareholders
holding at least ten (10) per cent of
the stock of the corporation.
(10) Disclosure as to all employees of the
applicant and any and all partners,
managers, or principals of the applicant
and also in the event the applicant is a
corporation, all officers, directors or
stockholders holding ten (10) percent or
more of the capital stock of the applicant
specifying all final convictions occuring
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within five (5) years of the date of
such application of any federal or state
offense which is a felony or any misdemeanor
offense of sodomy, procuring, pandering,
keeping a bawdy or lewd house, keeping
an assignation house and engaging in
prostitution, purchasing or selling
dangerous drugs, assault or battery. If
such a conviction is disclosed, the
disclosure shall specify the nature of
the crime, the name of the person so
convicted, the date of conviction, and
the jurisdiction in which said conviction
was entered.
(11) That the applicant acknowledges that
pursuant to this Article the City of
Baytown shall have the power and authority
to conduct an independent inquiry or
investigation as to the information
above provided and that if such inquiry
or investigation reveals any dispute as
to the accuracy or completeness of such
information, the city has the authority
to require the applicant to provide a
recently made photograph and fingerprinting
of the person about whom such information
is disputed, and the applicant shall be
required to provide such to the city
upon request of that official prior to
that official making a final decision as
to approving or denying such license.
(12) The name, address and telephone number
of the owner of the real property on
which the massage establishment will be
located so that said party may be located
if necessary by city employee or official
during day or evening hours.
(c) The holder of any license issued pursuant to
this section shall, within seven (7) days from the
occurrence of any event which causes a change in
the information in subsection (b) transmit the
same in writing to the city. Such transmittal
shall specify such changed information in accordance
with the provisions of said subsections in the
same manner as if such information was specified
in a license application.
(d) The license issued pursuant to this section
shall be valid only at the location specified in
said license as issued. Any change in the location
of the massage establishment other than by ceasing
business at a location shall require the filing of
an application for a license pursuant to the
requirements of this section. In the event such
application is filed for the purpose of changing
the location of the massage establishment without
adding thereto any total number of locations in
excess of those for which the applicant presently
holds a license, no additional license fee for the
calendar year in which the massage establishment
holds a valid license pursuant to this section
shall be charged except that the director of
public health may impose a processing charge of
twenty -five ($25.00) per application in such
event.
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(e) A license fee of one hundred fifty dollars
($150.00) shall accompany all applications for a
license or renewal thereof at the time of applica-
tion.
Section 22 -4. Operation of massage establishments.
Any massage establishment in operation pursuant to
a license issued as required by this Article shall
comply with the following provisions and regulations in
the conduct and operation of its business:
(a) No massage establishment shall be open for
the business of providing massages during any
day prior to 8:00 a.m. and subsubsequent to
10:00 p.m. Central Standard Time or such
other daylight or standard time as may be
applicable to the geographical territory of
the City of Baytown.
(b) It shall be the duty of every person conducting
or operating a massage establishment to keep
the same at all times in a clean and sanitary
condition. All instruments and mechanical
therapeutic or bathing devices or parts
thereof that come into contact with the human
body shall be sanitized by a modern and
approved method of sanitization before initial
use, and any such instruments and devices, or
parts thereof, after having been used
upon one patron, shall be sanitized before
using the same upon another. No towels and
linens shall be furnished for use of another
until thoroughly laundered. All massaginists
shall wash their hands thoroughly before
administering a massage to each patron accommodated.
No person suffering from an infectious or
communicable disease shall work or be employed
in a massage establishment. No person shall
be accommodated as a patron within a massage
establishment when, to the knowledge of the
owner, person in control, or any employee,
such person is suffering from an infectious
or communicable disease.
(c) No person shall receive a massage unless said
patron is covered by opaque material such as
a towel or shorts covering the hips, genitals
and anal areas. No massaginist shall touch
the genitals or anal area of any patron or
the breast if the patron is a female nor
shall a patron touch the genitals or anal
area of a massaginist, and if the massaginist
is a female, the prohibited area shall include
the breast.
(d) No massaginist shall administer a massage to
a person of the opposite sex.
(e) No massage shall be administered to any
Person who is a minor as defined by Texas
law.
(f) In the administration of any massage the
provisions of subsections (c), (d) and (e)
shall not be applicable to any person for
whom a massage is ordered upon the written
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certificate of a licensed physician, osteopath
or chiropractor provided that such certificate
shall be signed by such physician, osteopath
or chiropractor, be dated, shall specifically
state the number of treatments, not to exceed
ten (10), and the specific type of treatment
recommended therein and further that the date
and hour of each treatment given pursuant to
such certificate, the name of the massaginist
giving such treatment , and the name of the
patron receiving such treatment shall be
maintained in a record to be preserved by the
owner or operator of the massage establishment
for a period of two (2) years and shall be
available for inspection by the city or its
designated representative.
(g) No massage establishment nor any massaginist
shall either arrange for or conduct the
administration of a massage under the license
applicable to such party except upon the
premises of the massage establishment and at
the location specified in the application for
such license unless, within said application,
information is specifically set forth that it
is the intention of the holders of the license
to administer massages or arrange for the
same at unspecified locations within the City
of Baytown and, in such event, the holder of
the license shall maintain records subject to
the same provisions as in the subsection next
above which shall specify as to each massage
so arranged or conducted, the name, residential
address and telephone number of the person
receiving the massage, the date, hour and
place at which such massage was administered.
(h) Every massage establishment shall post in a
conspicuous place available for observation
by all patrons a printed list of all services
performed or available as provided by the
massage establishment and the price or prices
therefor in bold printing with lettering not
less than one inch high for each character
and said notice shall specify whether or not
the payment of any gratuity to any massaginist
or other employee of the massage establishment
is permitted.
Section 212-5. Massaginist license.
Licenses for a massaginist, whether for an initial
license or a renewal of an existing license, shall be
applied for, issued and held pursuant to the following
provisions:
(a) No license to engage in the business of
administering massages shall be issued until
an application therefor has been completed
and filed with the city, and no massaginist
shall engage in the business of providing
massages within the limits of the City of
Baytown until such license has been issued.
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(b) The city shall provide to an applicant for a
massaginist license a form containing the
information as hereinafter specified which
shall be completed and filed with the city by
each applicant for such license to be accompan-
ied with payment of the applicable license
fee. Said application shall be executed
under oath attesting to the truth and accuracy
of the information contained therein. The
application shall request of the applicant
the following information:
(1) The kind of license requested.
(2) The name of the applicant.
(3) The location where the applicant proposes
to administer massages and solicit
patrons and the telephone number at such
location. If the applicant intends to
engage in business or administer massages
at more than one location, the addresses
of such additional location shall be
specified if the applicant intends to or
has previously administered massages at
such locations on more than two (2)
occasions during a calendar year. If
the applicant intends to administer
massages at locations to be identified
by patrons which are presently unknown
to the applicant a specific statement to
that effect shall be set forth.
(4) The legal name of the applicant for the
license.
(5) The addresses of any residences of the
applicants within the ninety (90) days
preceding the date of the application
including the current home address of
the applicant and his telephone number
and the length which the applicant has
been a resident of such address.
(6) A health certificate as defined in this
ordinance issued not more than fifteen
(15) days prior to submitting such
application to be attached to the application.
(7) The birthdate and social security number
of the applicant.
(8) The names and addresses of all massage
establishments in which the applicant
has been employed for the preceding two
(2) years.
(9) Disclosure as to the applicant of all
final convictions occurring within two
(2) years of the date of such application
of any federal or state offense which is
a felony or misdemeanor offense of
sodomy, procuring, pandering, keeping a
bawdy or lewd house, keeping an assignation
house and engaging in prostitution,
purchasing or selling dangerous drugs,
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assault or battery. If
viction is disclosed, th
shall specify the nature
the name of the person s
date of conviction and t
in which said conviction
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such a con-
e disclosure
of the crime,
o convicted, the
he jurisdiction
was entered.
(10) That the applicant acknowledges that
pursuant to this Article the City of
Baytown shall have the power and authority
to conduct an independent inquiry or
investigation as to the information
above provided and that if such inquiry
or investigation reveals any dispute as
to the accuracy or completeness of such
information, the city has the authority
to require the applicant to provide
recently made photograph and fingerprinting
of the applicant, and the applicant
shall be required to provide such to the
city upon the request of the city prior
to making a final decision as to the
approving or denying such license.
(11) A photostatic copy of a diploma of
graduation from a recognized school as
an exhibit attached to the application.
Such diploma must be representative to
the fact that the applicant attended a
course of study of not less than six (6)
months, wherein such course of study
consisted of a curriculum of physical
culture, massage electrotherapy and
hygiene. In the event such applicant
should not have such diploma, then the
applicant shall attach transcript from
an accredited educational institution
demonstrating the completion with passing
grades, of courses of instruction of
physical culture, massage, hydrotherapy,
electrotherapy, and hygiene or must have
had an apprenticeship and practical
experience for a period of not less than
two (2) years in a massage, physical culture
establishment or other equivalent facility
in which the applicant has received
training and experience in physical
culture, massage, hydrotherapy, electrotherapy
and hygiene. The application shall
specify the name and address of such
establishments from which the applicant
has obtained such training and experience
with the periods during which such
training was received and a description
of such training.
(c) Any massaginist administering a massage
pursuant to a license issued as required by
this Article shall comply with the substantive
provisions and regulations of this Chapter.
Any reference in this Chapter to a massage
establishment shall apply to the massaginist
in the manner of conduct or performance in
the administration of any massage.
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(d) The holder of any license issued pursuant to
this section shall, within seven (7) days
from the occurence of any event which causes
a change in the information provided in
subsection (b) of this section, inform the
city in writing of such change. Such notice
shall specify such changed information in
accordance with the provisions of said subsection
in the same manner as if such information was
specified in a license application.
(e) A license as provided for in this section
shall be issued only to an individual.
(f) A license fee of twenty -five dollars ($25.00)
shall accompany all applications for a license
or renewal thereof at the time of application.
Section 27 -6. issuance of license.
Following the submission of an application for a
license as provided in this Article, either for an
initial or a renewal license, the following procedures
or requirements shall apply thereto in addition to
those elsewhere specified in this Article:
(a) That such investigation or inquiry pertaining
to the information provided on the license
application as may be considered reasonable
and necessary shall be made by the city.
Such investigation and inquiry shall be
concluded within fifteen (15) days of the
filing of said application for a license
except that if for any reason the investigation
or inquiry is not concluded, the city shall
so notify the applicant of that situation.
The notice shall specify a reasonable period
within which the city expects to conclude the
investigation and inquiry, said reasonable
period not to exceed an additional thirty
(30) days.
(b) Upon the expiration of the period above
specified or as extended if the city is
unable to conclude the investigation and
inquiry by reason of inability to obtain
information, the applicant shall be so notified
in writing by the city and given a period not
to exceed fifteen (15) days during which the
applicant may provide such information to
the city as the city may consider accurate
and complete. Upon the failure to obtain such
information or to confirm the accuracy or
completeness of the same, the city shall
refuse to issue a license to the applicant.
(c) If upon concluding the review, investigation
and inquiry of the application and the applicant,
the city determines that any information
provided in the application or as determined
by the city upon its investigation and inquiry
so the following facts are found to exist,
the city shall not issue a license to the
applicant:
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(1) That a health certificate as required
for any massaginist as attached to an
application is absent.
(2) That any massaginist employed or to be
employed by any massage establishment
that does not have a license as required
by this Article or has not submitted
application for the same prior to the
filing of an application for a massage
establishment license by the applicant
therefor.
(3) That a massaginist does not hold the
qualifications specified by evidence of
a diploma or training and experience as
provided for and being a requirement of
the issuance of a massaginist license.
(4) That the applicant, if an individual,
for any license required by this Article
or any person or entity owning and /or
controlling the applicant including but
not limited to all partners, principals
or managers and also if the applicant is
a corporation has been convicted or any
violation of this Article within the
twelve (12) months preceding the date of
the filing of such application or any
offense specified in subsection (b) (10)
of section 3 of this Article.
(5) That the applicant has previously had a
license required by this Article revoked
or is at the time of filing an application
for a license presently holding a license
which is under suspension pursuant to
the terms of this Article.
(6) That the applicant has been finally
convicted within the past two (2) years
from the date of the application of any
offense cited in section 5(b) (9) of
this Article.
(d) Upon refusal to issue a license as above
provided, the city shall give to the applicant
reasonable notice pursuant which shall contain
the specific reason(s) for refusal to issue
the license.
Section 2 -7. Suspension and revocation of license.
Any license issued pursuant to this Article shall
be subject to suspension or revocation subject to the
following violations and procedures:
(A) The Chief Sanitarian may suspend a license
issued to and held by a massage establishment
or a massaginist upon any of the following
grounds:
(1) That a massaginist who has an infectious
or communicable disease has administered
a massage.
(2) That any massaginist and /or any massaginist
employed by a massage establishment or
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any party specified in subsection (b)
(10) of section 3 has been convicted of
any violation of this Article or any
offense specified in section 5(b) (10)
of this Article.
(3) That any massage establishment has
violated or permitted to be violated any
provision of section 3 of this Article.
(B) The Chief Sanitarian shall have authority to
suspend a license for a period of from one to
ninety days for each occasion upon which one
of the grounds for suspension as above set
forth has occurred. Such suspension shall be
effective from the time specified and pursuant
to a hearing as hereinafter provided in this
section.
(C) Notwithstanding any provision to the contrary
as specified in the subsection next above the
Chief Sanitarian shall have authority to
suspend a license instanter without hearing,
to be effective until a hearing as herein
provided, whenever any holder of a license
issued pursuant to this Article:
(1) Shall have violated any provision for
suspension as specified in subsection
(A) above on more than one occasion or
occurrence prior to a hearing as specified
herein; or
(2) That the holder of a license issued
pursuant to this Article has had such
license suspended on more than one
occasion during any calendar year wherein
revocation of such license shall be
automatic.
(E) Any proceeding for suspension or revocation
of a license issued pursuant to this Article
shall be pursuant to the following procedures:
(1) Reasonable notice of the proceeding to
be recommended or pursued by the city
shall be given to the holder of the
license. Such notice shall specify the
proceeding recommended or to be pursued
and the reason therefor pursuant to
subsection (A) above. Such notice shall
also state the date, time and place of
hearing on said matter. If the pro-
visions of subsection (C) above are
being followed, a statement that such
license is suspended from the time of
service of such notice till such hearing
shall be included.
(2) The hearing as specified herein shall be
held by the Chief Sanitarian or his
deputy within thirty (30) days of the
date of such notice being served upon
the holder of the license.
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(3) At such hearing the holder of the license
shall be required to present the license
to the city prior to being heard at such
hearing. Within five (5) days of the
conclusion of such hearing said license
shall either be marked "revoked" or
"suspended" with the period of suspension
specified thereon or returned to the
holder if no action of suspension or
revocation is effected.
(4) All hearings shall be held by the Chief
Sanitarian or his designated representative.
Such official shall be referred to as
the hearing officer. However, the Chief
Sanitarian shall not designate any
person or persons to perform the duties
of hearing officer under this section
who has participated in the inspection
or investigation of the establishment or
individuals whose license is in question,
or has had prior knowledge of the allegations
or circumstances discovered in such
inspection or investigations except such
person designated as hearing officer
tray, prior to the hearing, receive a
copy of the notice given to the licensee.
A representative of the legal department
shall be present at each such hearing to
advise the hearing officer as to procedural
matters; however, such attorney shall
not partake in any determination of the
facts.
All hearings shall be conducted under
rules consistent with the nature of the
proceedings; provided however, the
following rules apply to such hearings:
(a) All parties shall have the right to
representation by a licensed attorney
though an attorney is not required.
(b) Each party may present witnesses in
his own behalf.
(c) Each party has the right to cross-
examine all witnesses.
(d) Only evidence presented before the
hearing officer at such hearing may
be considered in rendering the
order.
(e) if the licensee fails to appear at
the hearing at the time, place and
date specified, the city shall
present sufficient evidence to
establish a prima facie case
showing violation of this Article
or conditions constituting a hazard
to public health which formed the
basis of the suspension of the
license.
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(5) Subsequent to any action of suspension
or revocation as provided herein, the
city shall have authority to place one
or more notices upon any massage establishment
in a conspicous place or places that the
license issued to that establishment has
been revoked and that the same is not
open for the business of providing
massages without such establishment
holding a valid license issued pursuant
to this Article. In the event that the
holder of a license fails to deliver the
same to the city as regulated herein or
upon said license being suspended pursuant
to subsection (C) of this section, the
City shall have the authority to take
possession of such license from the
holder.
ARTICLE II
SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
Section 22 -11. Administration
The Police Chief hereinafter is designated to
inspect and issue permits pursuant to this Article.
The administration of this Article including but
not limited to issuance of permits and inspections
hereunder, shall be performed by the Police Chief
or his duly authorized deputy. Any peace officer
certified by the State of Texas may enforce this
Article.
Section 22 -12. Definitions
(a) "City" means the City of Baytown, Texas;
(b) "Church or place of religious worship"
means a building in which persons regularly
assemble for worship, intended primarily
for purposes connected with faith, or
for propagating a particular form of
belief;
(c) "Child Care Facility" means a building
used as a day nursery, children's boarding
home, child placing agency or other
place for the care or custody of children
under fifteen years of age, licensed by
the State of Texas pursuant to Article
4442a, Vernon's Texas Civil Statutes;
(d) "Dwelling" means a house, duplex, apartment,
townhouse, condominium, mobile home or
any other building used for residential
purposes;
(e) "Hospital" means a building used to
provide health services for human in-
patient medical care for the sick or
injured licensed pursuant to the Texas
Hospital Licensing Law (Article 4437f
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10423 -2n
Vernon's Texas Civil Statutes) or operated
by an agency of the federal government,
or a convalescent facility licensed
pursuant to Article 4442c, Vernon's
Texas Civil Statutes;
(f) "Person" means an individual, partner-
ship, corporation, or other entity;
(g) "Public Building" means a building used
by federal, state or local government
and open to the general public;
(h) "Public Park" means a tract of land
maintained by the federal, state, or
local government for the recreation and
enjoyment of the general public;
(i) "School" means a building where persons
regularly assemble for the purpose of
instruction or education together with
playgrounds, dormitories, stadiums, and
other structures or grounds used in
conjunction therewith;
(j) "Sexually Oriented Commercial Enterprise"
means a nude studio, modeling studio,
love parlor and any other similar commer-
cial enterprise whose major business is the
offering of a service which is intended to
provide sexual stimulation or sexual grati-
fication to the customer;
(k) "Police Chief" means the Police Chief of
the City of Baytown, Texas;
(1) "State" means the State of Texas ";
Section 212-13. Bookstores, etc. Excepted
This Article does not apply to the following:
(a) Any bookstore, movie theatre, or
business licensed to sell alcoholic
beverages;
(b) Any business, operated by or employing
licensed physchologists, licensed
physical therapists, licensed athletic
trainers, licensed cosmetologists,
or licensed barbers performing functions
authorized under the license held;
(c) Any business operated by or employing
licensed physicians or licensed
chiropractors engaged in practicing
the healing arts.
Section 22 -14. Permit Required
(a) It shall be unlawful for any person
to own or operate a Sexually Oriented
Commercial Enterprise at a location
within the city limits of the City
of Baytown without a valid permit
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issued therefor by the Police Chief
in accordance with the provisions
of this Article.
(b) Before the issuance of a permit,
the applicant must certify that the
proposed Sexually Oriented Commercial
Enterprise will be located a minimum
of 500 feet from one of the following,
which the City Council hereby finds
to be inconsistent with the operation
of a restricted establishment, to-
wit.
(1) A child care facility;
(2) A church or place of religous
worship;
(3) A dwelling;
(4) A hospital;
(5) A building in which alcoholic
beverages are sold;
(6) A public building;
(7) A public park;
(S) A school.
(c) Subsection (b) of Section 4 will
apply to all Sexually Oriented
Commercial Enterprises regardless
of whether or not such establishment
existed on or prior to the effective
date of this Article. However,
should any Court determine that
such requirement is unconstitutional
or invalid insofar as it applies to
Sexually Oriented Commercial
Enterprises existing on the effective
date of this Article, then and in
that event, the applicant may
certify that the Sexually Oriented
Commercial Enterprise was in existence
on or prior to the effective date
of this Article in lieu of making
the certification provided for in
said subsection (b). Provided,
however, that any permit issued on
the basis of an application making
a certification pursuant to this
subsection (c) in lieu of certification
under subsection (b) shall have
written thereon "This permit is
valid for only one (1) year.
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10423 -2p
(d) For the purpose of this section,
measurements shall be made in a
straight line, without regard to
intervening structures or objects,
from the nearest portion of the
building or structure used by the
restricted establishment to the
nearest portion of the building or
structure, or facility set forth in
subsection (b).
Section 21-15. Permit Displayed
A Sexually Oriented Commercial Enterprise permit
issued under this Article shall be displayed at all
times in an open and conspicuous place in the re-
stricted establishment for which it was issued.
Section 212-16. Permit Application
Any person desiring a Sexually Oriented
Commercial Enterprise permit shall file a written
application with the Police Chief on a form to be
prescribed by him.
(a) The application shall set forth the
following:
(1) The name of the applicant and
whether the applicant is an individual,
general partnership, limited partnership,
corporation or other entity;
(2) The name under
establishment is to
general description
provided;
which the restricted
be operated and a
of the service to be
(3) The address and full legal description
of the parcel of land on which the restrict-
ed establishment is to be located;
(4) The name, resident address and tele-
phone number if any, of the manager or
other individual to be principally in
charge of the operation of the restricted
establishment;
(5) Written declaration that the information
contained in the application is true and
correct, said declaration being duly
dated and signed in the City. If the
applicant is an individual the application
shall be signed and sworn to by the
applicant. If the applicant is a par-
tnership, the application shall be
signed and sworn to by a partner thereof.
If the applicant is a corporation or
other entity, the application shall be
signed and sworn to by an authorized
officer of such corporation or entity.
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10423 -2q
(b) The application shall be accompanied
by the following:
(1) A tender of the correct permit
fee as hereinafter provided:
(2) A certified copy of the assumed
name certificate filed in
compliance with the Assumed
Business or Professional Name
Act (Vernon's Texas Codes
Annotated, Business and Commerce
Code, Chapter 36) if the
applicant is to operate the
restricted establishment under
an assumed name;
(3) A certified copy of the article
of incorporation together with
all amendments thereto, if
applicant is a Texas Corporation;
(4) A certified copy of the certificate
of authority to transact
business in this State, together
with all amendments thereto,
if applicant is a foreign
corporation;
(5) 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, Vernon's Texas
Civil Statutes), if the applicant
is a limited partnership
formed under the laws of
Texas;
(6) 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 Limited Partnership Act,
if the applicant is a foreign
limited partnership.
Section 22 -17. Investigation by Police Chief
Upon receiving the application for a Sexually
Oriented Commercial Enterprise permit, the Police
Chief shall cause to be conducted and investigation
for the purpose of determining whether or not such
premises comply with the requirements as set forth
in this Article.
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10423 -2r
Section 21-18. Issuance of Sexually Oriented
Commercial Enterprise Permit
(a) Any permit required by this Article
shall be issued and signed by the Police
Chief or his duly authorized deputy.
(b) The Police Chief shall issue a Sexually
Oriented Commercial Enterprise permit
within thirty (30) days of receipt of
the application unless he finds that:
(1) The correct permit fee has not been
tendered to the police chief;
(2) The operation as proposed by the
application is prohibited by law;
(3) The applicant has made any false,
misleading or fraudulent statement
of fact in the permit application
or in any document required by this
Article to accompany the application;
(4) The application or the establishment
location does not meet all requirements
of this Article.
Section 22 -19. Fees
The fee for a Sexually Oriented Commercial
Enterprise permit shall be Three Hundred & No /100
($:300.00) Dollars.
Section 2 -20. Return of Fee
No portion of any fee collected under this
Article shall be returned after a permit has been
issued or refused.
Section 22 -21. Transfer Prohibited
A Sexually Oriented Commercial Enterprise
permit is not transferable, assignable or divisible.
Section 22 -22. Permit Valid for Specified Location
Each permit issued under this Article shall
be valid at the location therein specified, and
not otherwise.
Section 22 -23. Obtaining Permit by Fraud
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 one
duly filed for record in compliance with the
Assumed Business or Professional Name Act (Vernon's
Texas Codes Annotated, Business and Commerce Code,
Chapter 36).
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10423 -2s
Section 22 -24. Fraudulent Use of Permit of Another
It shall be unlawful for any person to use a
Sexually Oriented Commercial Enterprise permit
which has been issued to another person.
Section 22 -25. Counterfeiting, Changing, Defacing
Permit
It shall be unlawful for any person to counterfeit,
forge, change, deface, or alter a Sexually Oriented
Commercial Enterprise permit.
Section 22 -26. Misdemeanor
Violation of any provision of this Article
shall be a Class C misdemeanor and punishable by a
fine of not less than $25.00 and not more than
$200.00. Each day that a violation continues
shall constitute a new and separate offense subject
to the same penalty under this Section.
Section 22 -27. Nuisance
The operation of a Sexually Oriented Commercial
Enterprise without a Sexually Oriented Commercial
Enterprise Permit is hereby declared to be a
public nuisance.
Section 22 -28. Injunction
The City may sue in District Court to enjoin
the violation of any provision of this Article.
Section 221 -29. Effect on State Law
This Article does not legalize anything
prohibited under the Penal Code or other State
law.
Section 2: All ordinances or parts of ordinances incon-
sistent 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 3: If any provision, section exception, subsection,
prargraph, sentence, clause or phrase of
application of same to any person or set
for any reason be held unconstitutional,
invalidity shall not affect the validity
visions of this ordinance or their appli,
or sets of circumstances and to this end
ordinance are declared to be severable.
-20
this ordinance or the
of circumstances, shall
void or invalid, such
of the remaining pro -
2ation to other persons
all provisions of this
10423 --2t
Section 4: Any person violating the provisions of this
ordinance shall be punished by a fine of not more than Two
Hundred ($200.00) Dollars, and each violation shall constitute
a separate offense.
Section 5: 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
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 vote of
the City Council on this the 23rd day of April Y
1981.
4MriTT 0�.HUTT , Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RL B. STRO , City orney
1] 1