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Harker Heights Code of Ordinances
Harker Heights, Texas Code of Ordinances
CHARTER OF THE CITY OF HARKER HEIGHTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRANSPORTATION CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 115.38 TERM, TRANSFER, AMENDMENT OF PERMIT.
   (A)   A permit is valid for one year from the date of its issuance.
   (B)   A permit is personal to the named permit holder and is not valid for use by any other person.
   (C)   Each permit holder shall notify the City Police Department of his new address within ten days following any change of his/her address.
(Ord. 97-6, passed 4-22-97)
§ 115.39 DISPLAY OF PERMITS.
   (A)   Each owner, manager, entertainer, or employee shall maintain their personal work permit card in their possession at all times while on or in the premises of an adult oriented enterprise.
   (B)   Each owner, manager, entertainer, or employee shall provide his on-site card to the manager or on-site manager in charge of the enterprise to hold while the owner, manager, entertainer, or employee is on the premises.
   (C)   In any prosecution under this chapter, it shall be presumed that the owner, manager, entertainer, or employee did not have a permit unless the permit was in possession and the on-site card on display as required by this section.
(Ord. 97-6, passed 4-22-97)
OPERATING REGULATIONS
§ 115.50 INTERIOR CONFIGURATION.
   (A)   Unobstructed view. Excepting only adult motels, the interior of the sexually oriented business premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding only restrooms. Restrooms may not contain video, photographic, monitoring or other surveillance equipment. The view required in this division must be by direct line of sight from the manager's station.
   (B)   Electronic surveillance equipment. Businesses which were lawfully operating and open to the public on June 21, 1994 may apply to the City Manager to allow the use of electronic surveillance equipment as an alternative to the direct line-of-sight requirements of this section.
      (1)   Businesses wishing to use an electronic surveillance system shall indicate on the sketch or diagram required by this section the locations of all cameras and the location of a single monitor station. The station must be located in a lobby or public waiting area, but the monitor(s) must be oriented so as to not be readily viewed by patrons.
      (2)   The City Manager may issue a written permit allowing the use of electronic surveillance equipment only upon a showing that:
         (a)   The business is otherwise in conformity with this chapter;
         (b)   The electronic surveillance equipment will promote the intent of this chapter;
         (c)   The equipment meets the standards set forth below; and
         (d)   Compliance with the direct line-of-sight requirements of this section would be impractical or unnecessarily burdensome or costly.
      (3)   When electronic surveillance equipment is approved and installed, a sign stating that “The entire premises of this business is monitored by electronic surveillance equipment at all times” must be prominently posted at the main entrance so as to be clearly visible to all patrons prior to entering the establishment.
      (4)   Electronic surveillance equipment must be installed, operated and maintained to meet the following standards at all times during which the premises are open to the public.
         (a)   Field of view - Requires a view of at least 95% of the room under surveillance and must at all times include a simultaneous view of all employees and customers in the room.
         (b)   The surveillance system shall monitor all areas simultaneously where patrons are permitted (excluding only restrooms) via split screen or multiple screens.
         (c)   Equipment will be set up, operational and properly adjusted at all times. If at any time the surveillance system is inoperative or fails to meet all minimum specifications hereunder, the business shall immediately comply with the provisions in division (B) above in its entirety.
         (d)   Electronic video cameras shall have a minimum light sensitivity of 1 lux; however, the room illumination shall be increased as necessary to assure surveillance equipment displays the room's contents and occupants clearly and accurately.
         (e)   Both the monitor(s) and camera(s) shall deliver resolution of not less than 380 horizontal TV lines, and signal-to-noise ratio shall be not less than 45 dB.
         (f)   Electronic surveillance equipment shall provide a constant audio feed from the cameras to the monitor(s). The audio system must feature a frequency response of at least 250 Hz to 8 kHz ± 5 dB, with no more than 3% total harmonic distortion. The amplitude of the audio feed shall be adjusted to not less than 5 dB above the ambient noise level of the room in which the monitor is located using an “A” weighted scale.
      (5)   At all times during which a member of the public is present in the business the exits to the booths or viewing rooms shall be open and unobstructed and a manager or other responsible employee shall observe the room monitor(s) to ensure the safe and lawful conduct of the occupants.
      (6)   Nothing in this section shall be construed to permit conduct otherwise prohibited by §§ 115.53 through 115.57, or to otherwise affect regulations generally applicable to adult video arcades, adult video stores, adult movie theaters, or adult video theaters.
      (7)   An owner or operator commits an offense if a manager or other responsible employee fails to observe the system monitor(s) at all times during which a member of the public is present in the business premises. It is a defense to prosecution that at the time of the alleged offense the business was operating in full compliance with division (A) of this section.
(Ord. 95-31, passed 9-12-95; Am. Ord. 96-12, passed 2-27-96; Am. Ord. 97-6, passed 4-22-97)
§ 115.51 EXTERIOR OF ENTERPRISE.
   (A)   Visibility from outside premises. It shall be unlawful for a licensee of an enterprise to allow the merchandise or activities of the enterprise to be visible from any point outside the licensed premises.
   (B)   Demeanor of exterior. It shall be unlawful for the licensee of an enterprise to allow the exterior portions of the enterprise to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this chapter.
   (C)   Coloration. It shall be unlawful for the owner or operator of an enterprise to allow exterior portions of the enterprise to be painted any color other than a single color. Grays, tans, and light earth tones are permissible; however, any bold, garish or gaudy coloration that attracts attention is excluded from this definition and prohibited. Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior. This provision shall not apply if the enterprise is part of a multi-unit commercial center and the exterior portions of each unit are painted the same color so as to reflect an overall architectural style of that center.
(Ord. 97-6, passed 4-22-97)
§ 115.52 SIGNAGE.
   (A)   Primary and secondary signs. Notwithstanding City of Harker Heights Ordinance 92-19 as amended or any other city ordinance, code or regulation to the contrary, it shall be unlawful for the owner or operator of any enterprise or any other person to erect, construct, or maintain any sign for the enterprise other than one primary sign and one secondary sign, as provided herein.
      (1)   Primary signs shall have no more than two display surfaces. Each such display surface shall:
         (a)   Not contain any flashing lights;
         (b)   Be a flat plane, rectangular in shape;
         (c)   Not exceed 75 square feet in area; and
         (d)   Not exceed ten feet in height or ten feet in length;
      (2)   Secondary signs shall have only one display surface. Such display surface shall:
         (a)   Be a flat plane, rectangular in shape;
         (b)   Not exceed 20 square feet in area;
         (c)   Not exceed five feet in height and four feet in width;
         (d)   Be affixed or attached to any exterior wall or door of the enterprise; and not contain any flashing lights.
      (3)   Primary and secondary signs shall not contain any wording, photographs, silhouettes, drawings or pictorial representations which describe or depict specified anatomical areas or specified sexual activities. In addition, primary and secondary signs shall not contain any wording, photographs, silhouettes, drawings or pictorial representations whose dominant theme taken as a whole:
         (a)   Appeals to a prurient interest of a minor in sex, nudity or excretion;
         (b)   Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
         (c)   Lacks serious social value for minors.
      (4)   Each letter forming a word on a primary or secondary sign shall be of a single color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
   (B)   Compliance with restrictions. Any sign located on the premises of a commercial multi-unit center that displays the name, or any portion of the name of any sexually oriented business, any name under which any sexually oriented business was formerly operated on the premises, or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this section. The intent of this section is to prevent the use of signage identifying the commercial multi-tenant center itself from being used as a subterfuge to evade the restrictions on adult oriented business signs set forth in this section.
(Ord. 97-6, passed 4-22-97)
§ 115.53 OBSTRUCTION OF VIEW.
   Except as permitted by § 115.51 of this chapter, it shall be an offense for any owner, operator, agent or employee to knowingly permit the view area specified in § 115.50 to be obstructed by any doors, walls, merchandise, display racks or other materials at any time that any patron is present on the premises, or to allow a patron access to any area of the premises which has been designated in the application filed pursuant to § 115.16(B) as an area in which patrons will not be permitted.
(Ord. 97-6, passed 4-22-97)
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