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In addition to those offenses set forth in subsection (b) below, citations may be issued for the following.
(a) An operator shall not employ any person under the age of 18 years of age for the purpose of acting as a live nude model for customers.
(b) A person under 18 years of age commits an offense if he or she appears for customers while in a “state of nudity” or “simulated nudity” on the premises of a nude modeling business. It is a defense to prosecution under this subsection (b) if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises that can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(e) A customer at a nude model studio commits an offense if he or she touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.
(f) An operator or an employee of a nude model studio commits an offense if he or she permits any customer access to an area of the premises not visible from the manager’s station or not visible by walk through of the premises without entering a closed area, excluding a restroom.
(Ord. 16118, § 1, passed 9-14-2004)
(a) An operator shall not employ any person under the age of 18 years to appear in a “state of nudity” or “simulated nudity” for customers on the premises of an adult theater or adult motion picture theater.
(b) A person commits an offense if he or she knowingly allows a person under the age of 18 to appear in a state of nudity in or on the premises of an adult motion picture theater.
(c) A person under the age of 18 commits an offense if he or she appears in “a state of nudity” or “simulated nudity” for customers’ on the premises of an adult theater or adult motion picture theater.
(d) It is a defense to prosecution under this subsection (d) if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(Ord. 16118, § 1, passed 9-14-2004)
(a) Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as defined in this article.
(b) An operator, manager or the person otherwise in control of a sleeping room in a hotel, motel or similar commercial establishment, commits an offense if he or she rents or subrents a sleeping room to a person and, within ten hours from the time the room is first rented, he or she rents or subrents the same sleeping room again.
(Ord. 16118, § 1, passed 9-14-2004)
(a) View from manager’s station.
(1) If an adult arcade or adult mini-theater has one manager’s station designated pursuant to this article, then the interior of the adult arcade or adult mini-theater shall be configured in such a manner that there is an unobstructed view of every area of the adult arcade or adult mini-theater to which any patron is permitted access for any purpose from that manager’s station. If an adult arcade or adult mini theater has two of more manager’s stations designated pursuant to this article, then the interior of the adult arcade or adult mini-theater shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade or adult mini-theater to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection (a)(1) must be by direct line of sight from the manager’s station.
(2) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre, to ensure that the view area specified in subsection (a)(1) above remains unobstructed by any merchandise, display racks or other materials at all times that any patron is present in the adult arcade or adult mini-theatre and to ensure that no patron is permitted access to any of the adult arcade or adult mini-theatre which has been designated as an area in which patrons will not be permitted in the plan filed pursuant to this article.
(b) Wall penetrations.
(1) In addition to any other requirements of this article, no adult arcade or adult mini-theater shall be configured in such a manner as to have any opening in any partition, screen, wall or other barrier that separates viewing areas for arcade devices or adult mini-theater devices from other viewing areas for arcade devices or adult mini-theater devices. This provision shall not apply to conduits or plumbing, heating, air conditioning, ventilation or electrical service, provided that such conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas.
(2) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre to ensure that the premises is monitored to assure that no openings are allowed to exist in violation of subsection (b)(1) above and to ensure that no patron is allowed access to any portion of the premises where any opening exists in violation of subsection (b)(1) above until the opening has been repaired.
(c) Lighting.
(1) Each adult arcade or adult mini-theatre shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle as measured at four feet above the floor level.
(2) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre to ensure that the illumination described in subsection (c)(1) above, is maintained at all times that any patron is present in the adult arcade or adult mini-theatre.
(d) Occupancy of booths, rooms and cubicles. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth.
(Ord. 16118, § 1, passed 9-14-2004)
(a) A person commits an offense if, in a business establishment open to person under the age of 17 years, he or she displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) Human sexual intercourse, masturbation or sodomy;
(2) Fondling or other erotic touching of human genitals, buttocks or that portion of the female breast below the top of the areola; or
(c) Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) In this section
DISPLAY means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) It is a available to the general public for handling and inspection; or
(2) The cover or outside packaging on the item is visible to members of the general public.
(Ord. 16118, § 1, passed 9-14-2004)
Any city enforcement personnel may enforce the provisions of this article. Additionally, the Fort Worth police department may enforce the offenses listed in § 5.204, which occur on the premises of a sexually oriented business at any time the establishment is occupied or open for business.
(Ord. 16118, § 1, passed 9-14-2004)
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