For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
ADULT MOTEL. A hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT TANNING SALONS. A business or commercial enterprise that, as one of its primary business purposes, furnishes, offers to furnish or advertises to furnish anyone who appears in a state of nudity or displays "specified anatomical areas" for a fee, tip or other consideration.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
CHURCH. A building, whether situated within the city or not, in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
CUSTOMER. Any person who:
(1) Is allowed to enter a sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity;
(2) Enters a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business operating as a private club.
EMPLOYEE. Any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not that person is paid a salary, wage or other compensation by the operator of the business or who receives or has the expectation of receiving any compensation from the operator or customers of the business. By the way of example, rather than limitation, the term includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation and service personnel, door persons, bouncers and cashiers. It is expressly intended that these definitions cover not only conventional employer-employee relationships but also independent contractor relationships, agency relationships, and any other scheme or systems whereby the EMPLOYEE has an expectation of receiving compensation, tips or other benefits from the business or its customers in exchange for services performed. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for delivery of goods to the premises.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie, garments, apparel, devices or other such items or who agrees or offers to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
ESTABLISHMENT. And includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business;
(4) The relocation of any sexually oriented business; or
(5) A location and place of business.
HISTORIC DISTRICT. A historic overlay zoning district as defined in the Zoning Code, as amended.
LICENSED DAY-CARE CENTER. A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than six children under fourteen years of age, where the children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the service it offers.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
NUDE STUDIO or MODELING STUDIO. Any place where person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
OPERATES OR CAUSES TO BE OPERATED. To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
NUDITY or a STATE OF NUDITY.
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast.
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
(3) This definition shall not include a mother in the act of nursing her child.
PARK. Publicly owned or publicly leased tracts of land, whether situated in the city or not, designated, dedicated, controlled, maintained and operated for use by the general public for active or passive recreational or leisure purposes by the city or any political subdivision of the state and containing improvements, pathways, access or facilities intended for public recreational use. The term PUBLIC PARK shall not include parkways, public roads, rights-of-way, esplanades, traffic units, easements or traffic triangles unless the tracts or areas contain and provide improvements or access to a recreational or leisure use by the public. A current list of public parks shall be compiled and revised by the Director of the Community Service’s Secretary.
PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.
POLICE CHIEF. The Police Chief of the City of Godley or his or her designated agent.
RESIDENTIAL DISTRICT. A single family, duplex, townhouse, multiple family, mobile home or HUD Code Manufactured Home zoning district as defined in the Zoning Ordinance. This definition shall apply to residential districts whether situated within the city or not.
RESIDENTIAL USE. A bed and breakfast inn, boarding house or rooming house, caretaker’s or guard’s residence, condominium, duplex, industrial housing, manufactured home, mobile home, multiple family dwelling (apartment), single family dwelling (attached), single family dwelling (detached) or town home as defined and explained in the Godley Zoning Ordinance and shall include premises which contain habitable rooms for nontransient occupancy and which are designed primarily for living, sleeping, cooking and eating therein. A premises which is designed primarily for living, sleeping, cooking and eating therein shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. This definition shall apply to residential use whether situated within the city or not.
SCHOOL. A building, whether situated within the city or not, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadium and other structures or grounds used in conjunction therewith. The term is limited to:
(1) Public or private schools used for primary or secondary education, in which any regular kindergarten or grades one through 12 classes are taught; and
(2) Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or grades one through 12 classes.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, buttocks and any part of the female breast below the top of the areolae, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS.
(1) 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, adult cabaret, escort agency or other commercial enterprise the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(2) For the purposes of § 154.082, this definition shall apply to sexually oriented businesses whether situated within the city or not. Under this definition, a SEXUALLY ORIENTED BUSINESS does not include:
(a) A business operated by and employing or contracting with a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist or licensed barber engaged in performing functions authorized under a state license;
(b) A business operated by and employing or contracting with a licensed tattooist or tanning shop operator engaged in performing functions authorized under a state license for a tattoo parlor or tanning salon;
(c) A business operated by and employing or contracting with a state licensed physician or licensed chiropractor engaged in practicing the healing arts;
(d) A business operated by and employing or contracting with a state licensed massage therapist who practices or offers massage engaged in performing the functions authorized by the license;
(e) A school, which is accredited or certified by a national academic accreditation organization, and which maintains an educational program training persons the necessary skills and knowledge to obtain a state issued license as a psychologist, physical therapist, athletic trainer, cosmetologist, tattooist, artist, barber, physician, chiropractor or massage therapist;
(f) A person appearing nude in a modeling class:
1. Operated by a proprietary school licensed by the state; a college, junior college or university supported entirely or partly by taxation; or by a private college or university or junior college which maintains and operates educational programs in which credits earned are transferable to a college, junior college, or university supported entirely or partly by taxation;
2. In a structure which has no sign visible from the exterior of the structure advertising that a nude person is available for viewing;
3. In order to participate in the class a student must enroll at least three days prior to the class; and
4. Where there is no more than one nude model on the premises at any one time.
(g) Any activity, business, presentation, expression, material, film, video tape, photographic slide, CD-ROM disk, floppy diskette, book or device, which when taken as a whole has or contains serious literary, artistic, political or scientific value.
(3) For the purposes of determining whether a commercial activity is a SEXUALLY ORIENTED BUSINESS under this chapter, the relevant inquiry shall be as to the nature of the primary business at the premises. Therefore it is immaterial and irrelevant that: some ancillary activity may occur as an incident to the otherwise adult activity, such as but not limited to, tanning, garment modeling, exercise, massage or other simultaneously or in conjunction with one of the activities expressly identified hereinabove as constituting a SEXUALLY ORIENTED BUSINESS if, the activity taken as a whole appeals to the prurient interest in sex and is intended to sexually stimulate or sexually gratify any person, notwithstanding the presence of the ancillary activity; or, any particular word or term is or is not associated with or utilized in the name or description of an enterprise or establishment, including but not limited to the words: spa, sauna, center, studio, parlor, theater, cabaret, club, review, shop, gymnasium, pool, hall, salon, store, lounge, arcade, service, agency or company.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse or copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS. The increase in floor area occupied by the business by more than 25%, as the floor area exists on December 31, 1998.
TOPLESS. A female clothed in a manner that simulates or leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 12-3-98, passed 12-3-1998)