Ordinance No. 6,852931028 -13
ORDINANCE NO. 6852
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING CHAPTER 2 1/2 "ADULT COMMERCIAL ESTABLISHMENTS,"
SECTION 2 1/2 -12(j) "DEFINITIONS," AND SECTION 2 1/2 -13
"BOOKSTORES, THEATERS, ETC., EXCEPTED," OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: Due to changes in definitions in the statutes of
the State of Texas it is necessary to amend certain definitions and
provisions of Chapter 2 1/2 "Adult Commercial Establishments."
Section 2: That Chapter 2 1/2 "Adult Commercial
Establishments," Section 2 1/2 -1�(j) "Definitions," of the Code of
Ordinances, City of Baytown, Texas, is hereby repealed and
re- enacted as follows:
Sec. 12. Definitions.
(j) Sexually oriented commercial enterprise means a sex
parlor, nude studio, modeling studio, love parlor, adult
bookstore, adult movie theater, adult video arcade, adult
movie arcade, adult video store, adult motel, or other
commercial enterprise the primary business of which is
the offering of a service or the selling, renting, or
exhibiting of devises or any other items intended to
provide sexual stimulation or sexual gratification to the
customer.
Section 3: That Chapter 2 1/2 "Adult Commercial
Establishments," Section 2 1/2 -13 "Bookstores, theaters, etc.,
excepted" is hereby repealed and re- enacted as follows:
Sec. 13. Certain Businesses and Professions Excepted.
This article does not apply to the following:
(a) A bookstore, movie theater, or video store unless that
business is an adult bookstore, adult movie theater, or
adult video store;
(b) A business operated by or employing a licensed
psychologist, licensed physical therapist, licensed
athletic trainer, licensed cosmetologist, or licensed
barber engaging in performing functions authorized under
the license held; or
(c) A business operated by or employing a licensed physician
or licensed chiropractor engaged in practicing the
healing arts.
931028 -13a
• Section 4: 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repealed; provided however, that such repeal shall be only to the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 5: If any provisions, 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 sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 6: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 28th day of October,
1993.
PETE C. AL O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
,ZWACIO RAMIREZ, 6A., City Attorney
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