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(A) A person commits an offense if, in a business establishment open to persons 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 the 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, pubic region, buttocks or female breasts;
(3) Less than completely and opaquely covered human genitals, buttocks or that portion of the female breast below the top of the areola; or
(4) 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 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.
(C) Every act or omission by an employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator’s negligent failure to supervise the employee’s conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.
(D) An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this subchapter shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this subchapter.
(Ord. 12-3-98, passed 12-3-1998)
(A) Except as provided by division (B) below, any person violating § 154.082, upon conviction, is punishable as a Class A misdemeanor by a fine not to exceed $4,000 for each offense and a separate offense shall be deemed committed upon each day during or on which violation occurs. Tex. Loc. Gov’t Code, § 243.010(b).
(B) If the sexually oriented business involved is an adult cabaret or other adult establishment not within the definition of Tex. Loc. Gov’t Code, § 243.002, then violation of § 154.082 of this chapter is punishable as a Class C misdemeanor.
(C) Any person violating a provision of the chapter other than § 154.082, upon conviction, is punishable by a fine not to exceed $500 as a Class C misdemeanor for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(1) By a proprietary school licensed by the State of Texas; a college, junior college or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) A structure:
(a) Which wass not visible from the exterior of the structure and has no other advertising that indicates a nude person is available for viewing;
(b) Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(c) Where no more than one nude model is on the premises at any one time.
(F) For a period of 18 months after passage of this subchapter, it is a defense to prosecution under § 154.088 if the sexually oriented business was in operation at its present location on the date of passage of this subchapter and that the business is working toward compliance with § 154.088 such that the business is projected to be in compliance by the end of 18 months after passage of this subchapter.
(G) For a period of 18 months after passage of this subchapter, it is a defense to prosecution under § 154.089 if the sexually oriented business was in operation at its present location on the date of passage of this subchapter and that the business is working toward compliance with § 154.089 such that the business is projected to be in compliance by the end of 18 months after passage of this subchapter.
(H) (1) Any sexually oriented business in operation on the date of passage of this subchapter will be entitled to 30 days to fully complete an application for a license.
(2) During the 30 days, the business will be granted a grace period regarding enforcement of this chapter. Moreover, if the application is completed in full during the 30-day period, then this period shall be extended to the business until the licensing decision is made under § 154.074 above by the Police Chief.
(I) The revocation or suspension of any license shall not prohibit the imposition of a criminal penalty and the imposition of a criminal penalty shall not prevent the revocation or suspension of a license.
(Ord. 12-3-98, passed 12-3-1998)
All of the regulations provided in this subchapter are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any city official or employee charged with the enforcement of this subchapter, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties.
(Ord. 12-3-98, passed 12-3-1998)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(C) Any person, firm, corporation, agent or employee thereof who violates this provision of §§ 154.070 through 154.097 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined an amount not to exceed $4,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 3-86, passed 6-12-1986; Ord. 12-3-98, passed 12-3-1998)