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(a) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 41A-13 of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of Section 41A-13.
(b) If the written request is filed with the city secretary within the 10-day limit, a permit and license appeal board, selected in accordance with Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) The permit and license appeal board may, in its discretion, grant an exemption from the locational restrictions of Section 41A-13 if it makes the following findings:
(1) that the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(3) that the location of the proposed sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(4) that all other applicable provisions of this chapter will be observed.
(e) The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal board is final.
(f) If the board grants the exemption, the exemption is valid for one year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 41A-13 until the applicant applies for and receives another exemption.
(g) If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board’s action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of Section 41A-13. The grant of an exemption does not exempt the applicant from the provisions of Section 41A-13 prohibiting substantial enlargement of a sexually oriented business. (Ord. Nos. 19196; 24440; 24699; 25002)
(a) An owner or operator of a sexually oriented business commits an offense if he allows:
(1) the merchandise or activities of the establishment to be visible from any point outside the establishment;
(2) the exterior portions of the establishment to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by this chapter; or
(3) the exterior portions of the establishment to be painted any color other than a single achromatic color, except that this paragraph does not apply to an establishment if the following conditions are met:
(A) the establishment is a part of a commercial multi-unit center; and
(B) the exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the establishment, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(b) Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business.
(c) The exterior of any sexually oriented business lawfully operating on May 28, 1997 is not required to comply with Subsections (a)(2) and (a)(3) of this section until alterations, repairs, remodeling, and repainting that cumulatively affect more than 50 percent of the exterior are performed on the sexually oriented business during any 12-month period. (Ord. Nos. 23137; 24440; 24699)
(a) Notwithstanding any provision of the Dallas Development Code or any other city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any sign for the establishment other than one primary sign and one secondary sign, as provided in this section.
(b) A primary sign may have no more than two display surfaces. Each display surface must:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape;
(3) not exceed 75 square feet in area; and
(4) not exceed 10 feet in height or 10 feet in length.
(c) A secondary sign may have only one display surface. The display surface must:
(1) not contain any flashing lights;
(2) be a flat plane, rectangular in shape;
(3) not exceed 20 square feet in area;
(4) not exceed five feet in height or four feet in width; and
(5) be affixed or attached to a wall or door of the establishment.
(d) A primary or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations of any manner, and may contain only:
(1) the name of the establishment; and/or
(2) one or more of the following phrases:
(A) “Adult arcade.”
(B) “Adult bookstore or adult video store.”
(C) “Adult cabaret.”
(D) “Adult motel.”
(E) “Adult motion picture theater.”
(F) “Escort agency.”
(G) “Nude model studio.”
(e) In addition to the phrases listed in Subsection (d)(2) of this section, a primary sign for an adult motion picture theater may contain the phrase, “Movie Titles Posted on Premises,” and a primary sign for an adult bookstore or adult video store may contain the word “DVD’s”.
(f) Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type, size, and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.
(g) Notwithstanding the sign requirements of this section and Section 41A-14.1, any sign lawfully existing on the premises of a lawfully operating sexually oriented business on May 28, 1997 may continue to be maintained on the premises, until:
(1) the sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business; or
(2) the city requires removal, relocation, or reconstruction of the sign in accordance with applicable state law. (Ord. Nos. 23137; 24440; 24699; 25296)
(a) A sexually oriented business must be closed for business each day between the hours of 2:00 a.m. and 6:00 a.m.
(b) This section shall be reviewed by the appropriate city council committee on or before January 26, 2024, and by the January of every even numbered year thereafter. (Ord. 32125)
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