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Sexually oriented businesses are classified as follows:
(1) adult arcades;
(2) adult bookstores or adult video stores;
(3) adult cabarets;
(4) adult motels;
(5) adult motion picture theaters;
(6) escort agencies; and
(7) nude model studios. (Ord. Nos. 19196; 24440; 24699; 25296; 27139)
(a) A person commits an offense if he operates a sexually oriented business without a valid license issued by the city for the particular type of business.
(b) An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with Section 41A-19 of this chapter shall submit a diagram meeting the requirements of Section 41A-19.
(c) Only a person who is an officer of or who has an ownership interest in a sexually oriented business may apply for a license for the business. Each applicant must be qualified according to the provisions of this chapter.
(d) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who is an officer of the business or who has a 20 percent or greater ownership interest in the business must sign the application for a license as an applicant. The application must be sworn to be true and correct by each applicant. Each applicant must be qualified under Section 41A-5, and each applicant shall be considered a licensee if a license is granted.
(e) The fact that a person possesses a valid dance hall license does not exempt the person from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a dance hall license shall comply with the requirements and provisions of this chapter as well as the requirements and provisions of Chapter 14 of this code when applicable. The possession of a late hours permit issued under Dallas City Code Section 14-3.1 does not exempt the person from the provisions of Section 41A-14.3(a) of this chapter.
(f) In addition to identifying those persons required to sign an application under Subsection (b), the application must identify all parent and related corporations or entities of any person who will own or operate the sexually oriented business and include the names of the officers of each parent or related corporation or entity.
(g) The application must also include the name, address, and telephone number of one or more designated operators who will be present on the premises of the sexually oriented business during all hours of operation. The applicant or licensee shall maintain a current list of designated operators with the chief of police. Before a person may serve as a designated operator of the sexually oriented business, the person must be named in the license application, or a supplement or amendment to the license application, and not be disqualified to operate a sexually oriented business under this chapter.
(h) A licensee commits an offense if he fails to maintain at least one designated operator present on the premises of the sexually oriented business during all hours of operation.
(i) The application must include a current official Texas criminal history report with a fingerprint card (issued within the preceding 12 months) for the applicant, the applicant’s spouse, and each designated operator showing that they are not disqualified to operate a sexually oriented business under this chapter. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139; 32607)
(a) The chief of police shall approve the issuance of a license by the special collections division of the water utilities department to an applicant within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:
(1) An applicant is a minor.
(2) 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.
(3) 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.
(4) An applicant, an applicant’s spouse, or a designated operator has been convicted of a violation of a provision of this chapter within two years immediately preceding the application.
(5) Any fee required by this chapter has not been paid.
(6) Reserved.
(8) An applicant, an applicant’s spouse, or a designated operator has been convicted of a crime:
(A) involving:
(i) any of the following offenses as described in Chapter 43 of the Texas Penal Code:
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promo-tion of prostitution;
(dd) compelling prosti-tution;
(ee) obscenity;
(ff) sale, distribution, or display of harmful material to a minor;
(gg) sexual performance by a child; or
(hh) possession of child pornography;
(ii) any of the following offenses as described in Chapter 21 of the Texas Penal Code:
(aa) public lewdness;
(bb) indecent exposure; or
(cc) indecency with a child;
(iii) sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;
(iv) incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; or
(v) criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(B) for which:
(i) 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 date, if the conviction is of a misdemeanor offense;
(ii) 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
(iii) 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.
(9) An applicant has been operating the proposed business as a sexually oriented business without a valid license issued under this chapter.
(10) Operation of the proposed sexually oriented business would violate the city’s zoning ordinances.
(b) The fact that a conviction is being appealed has no effect on the disqualification of the applicant, the applicant’s spouse, or a designated operator under Subsection (a).
(c) Except as otherwise provided in this subsection, when the chief of police denies issuance or renewal of a license, the applicant may not apply for or be issued a sexually oriented business license for one year after the date the denial became final. If, subsequent to the denial, the chief of police finds that the basis for the denial has been corrected or abated, the applicant may apply for and be granted a license if at least 90 days have elapsed since the date the denial became final. If issuance or renewal of a license is denied under Subsection (a)(7) for a violation of Section 41A-13 only, the applicant may be granted a license immediately upon compliance with Section 41A-13 of this chapter. If issuance or renewal of a license is denied under Subsection (a)(8)(A), the applicant may not apply for or be issued another sexually oriented business license until the appropriate number of years required by Subsection (a)(8)(B) has elapsed. If issuance or renewal of a license is denied under Subsection (a)(4), the applicant may not apply for or be issued another sexually oriented business license until the time period required by Subsection (a)(4) has elapsed.
(d) The chief of police, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The chief of police’s approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this chapter and obtained possession of the license.
(e) The license, if granted, must 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 must 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. (Ord. Nos. 19196; 19377; 20552; 21629; 21838; 24206; 24440; 24699; 27139; 27697)
(a) The annual fee for a sexually oriented business license is $696.
(b) In addition to the fees required by Subsection (a) and (c), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee of $1,198 for the city to conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions set forth in Section 41A-13.
(c) In addition to the fees required by Subsections (a) and (b), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee of $90 for the chief of police to obtain a letter of zoning verification to ensure that the proposed sexually oriented business is permitted in the zoning district in which it will be located. The chief of police shall request and obtain the letter of zoning verification from the department of development services within 30 days after receipt of the license application. For any sexually oriented business holding a valid license on October 25, 2000, this subsection will apply to the first renewal of that license issued after October 25, 2000. (Ord. Nos. 19196; 20612; 21838; 22206; 24051; 24440; 24699; 25047; 25048; 25909; 27697; 29477; 30653; 31657; 32002; 32003)
(a) An applicant, licensee, operator, or employee shall permit representatives of the police department, the fire department, the department of code compliance, and the building official to inspect the premises of a sexually oriented business, for the purpose of ensuring compliance with the law, at any time it is occupied or open for business and at other reasonable times upon request.
(b) A person who operates a sexually oriented business or the person’s agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department, the fire department, the department of code compliance, or the building official at any time the sexually oriented business is occupied or open for business and at other reasonable times upon request.
(c) The provisions of this section do not apply to areas of an adult motel that are currently being rented by a customer for use as a permanent or temporary habitation. (Ord. Nos. 19196; 19377; 22026; 23694; 24440; 24699; 27139; 27697)
(a) A person commits an offense if he operates a sexually oriented business without maintaining on the premises a current registration card or file that clearly and completely identifies all employees of the sexually oriented business as required by this section.
(b) The registration card or file must contain the following information for each employee:
(1) Full legal name.
(2) All aliases or stage names.
(3) Date of birth.
(4) Race and gender.
(5) Hair color, eye color, height, and weight.
(6) Current residence address and telephone number, and, for designated operators and adult cabaret entertainers, all residence addresses during the 12- month period preceding commencement of an employment or contractual relationship with the sexually oriented business.
(7) Legible copy of a valid driver’s license or other government-issued personal identification card containing the employee’s photograph and date of birth.
(8) Date of commencement of employment or contractual relationship with the sexually oriented business.
(9) Original color photograph with a full face view that accurately depicts the employee’s appearance at the time the employee commenced an employment or contractual relationship with the sexually oriented business.
(c) The licensee shall maintain a separate file on each designated operator (other than the licensee or the licensee’s spouse) and on each adult cabaret entertainer, which contains, in addition to the information and documentation required in Subsection (b), the person’s current official Texas criminal history report with a fingerprint card issued within the preceding 12 months.
(d) Not later than 90 days after employing or contracting with a designated operator or an adult cabaret entertainer, the licensee shall include in the file a current official criminal history report from any state other than Texas in which the designated operator or adult cabaret entertainer resided during the 12-month period preceding commencement of the employment or contractual relationship with the sexually oriented business.
(e) A licensee commits an offense if he allows a designated operator to operate a sexually oriented business without having on file, and available for inspection by representatives of the police department, all records and information required by this section for the designated operator.
(f) A licensee or an operator commits an offense if he allows an adult cabaret entertainer to perform adult cabaret entertainment at a sexually oriented business without having on file, and available for inspection by representatives of the police department, all records and information required by this section for the adult cabaret entertainer.
(g) All records maintained on an employee in compliance with this section must be retained at the sexually oriented business for at least 90 days following the date of any voluntary or involuntary termination of the employee’s employment or contract with the sexually oriented business.
(h) A person who operates a sexually oriented business or the person’s agent or employee shall allow immediate access to these records by representatives of the police department. (Ord. Nos. 24440; 24699; 27139)
Each license expires one year from the date of issuance, except that a license issued pursuant to an exemption to a locational restriction expires on the date the exemption expires. A license may be renewed only by making application as provided in Section 41A-4. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected by the pendency of the application. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139)
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