(A) License required.
(1) A person commits an offense if he/she operates, owns, or causes to be operated, within the territorial limits of Harker Heights, a sexually oriented business without a valid license authorizing such operation.
(2) The fact that a person possesses a valid theater license, dance hall license, amusement device license, business license, certificate of occupancy, or other license or permit does not exempt him from the requirement of obtaining a sexually oriented business license. Any person who owns or operates a sexually oriented business shall comply with the requirements and provisions of this chapter and all other applicable ordinances of the city and laws of the state of Texas.
(B) An application for a license to operate a sexually oriented business at any address, building, structure or portion thereof containing an existing sexually oriented business will not be accepted.
(C) A license issued pursuant to this subchapter shall not be construed to authorize or permit any person or entity to commit an offense listed in § 115.37, the commission of such offenses being expressly prohibited, nor shall such license be construed to establish or define standards for acceptable conduct. Without limiting the generality of the foregoing, obscenity as defined by the Texas Penal Code is specifically prohibited.
(D) Notice required.
(1) An applicant for a license under this chapter to operate a sexually oriented business in a location not previously licensed shall post an outdoor sign at the proposed business location. Such sign shall be prominently posted at the front of the premises and oriented so as to be readily visible to traffic on Veteran's Memorial Boulevard. The sign shall read as follows in plain black lettering at least two inches square on a white background:
"NOTICE: The person or entity named below intends to open a sexually oriented business on this premises. Comments may be submitted to the Harker Heights City Manager at (254) 953-5600."
The foregoing notice shall be followed by the name and address of the applicant. The sign shall be maintained in the manner required by this section for a period of not less than 60 days immediately preceding the filing of an application to operate a sexually oriented business under this chapter.
(2) The sign must be between 1,000 and 5,000 square inches in size, must be written in English, and shall contain no wording or graphics except as specified in this section. In all other respects the sign shall comply with all applicable provisions of Chapter 151 of this Code.
(3) The applicant shall provide written notice to the City Manager when the sign required by this division has been erected, and no application to operate a sexually oriented business upon such premises shall be filed before the 60th day after such notice is given.
(Ord. 95-31, passed 9-12-95; Am. Ord. 96-12, passed 2-27-96; Am. Ord. 97-6, passed 4-22-97; Am. 2001-33, passed 10-23-01; Am. Ord. 2002-09, passed 6-25-02) Penalty, see § 115.99