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§ 111.28 NUDE MODEL STUDIOS.
   (A)   A nude model studio shall not employ any person under the age of 18 years.
   (B)   A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this division 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 which 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.
(2005 Code, § 6-2-16) Penalty, see § 111.99
§ 111.29 ADULT THEATERS AND MOTION PICTURE THEATERS.
   (A)   A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
   (B)   A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
   (C)   It is a defense to prosecution under divisions (A) and (B) above if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(2005 Code, § 6-2-17) Penalty, see § 111.99
§ 111.30 ADULT MOTELS.
   (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 that term is defined in this chapter.
   (B)   A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, he or she rents or subrents a sleeping room to a person and, within ten hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
   (C)   For purposes of division (B) above, the terms RENT or SUBRENT mean the act of permitting a room to be occupied for any form of consideration.
(2005 Code, § 6-2-18) Penalty, see § 111.99
§ 111.31 EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS.
   (A)   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
      (1)   Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’ stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram shall be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Director of the Department of Public Safety may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared;
      (2)   The application shall be sworn to be true and correct by the applicant;
      (3)   No alteration in the configuration or location of a manager’ station may be made without the prior approval of the Director of the Department of Public Safety or his or her designee;
      (4)   It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises;
      (5)   The interior of the 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 of any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this division must be by direct line of sight from the manager’s station;
      (6)   It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in division (A)(5) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to division (A)(1) above;
      (7)   The premises 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 (1.0) footcandle as measured at the floor level; and
      (8)   It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
   (B)   A person having a duty under divisions (A)(1) through (8) above commits an offense if he or she knowingly fails to fulfill that duty.
(2005 Code, § 6-2-19) Penalty, see § 111.99
§ 111.32 DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.
   (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 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 tope of the areola; or
      (4)   Human male genitals in a discernible 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, outside packaging or contents of the item is visible to members of the general public.
(2005 Code, § 6-2-20)
§ 111.33 ENFORCEMENT.
   (A)   If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of §§ 111.04(A) or 111.25 above is punishable as a Class B misdemeanor.
   (B)   It is a defense to prosecution under §§ 111.04(A), 111.25 or 111.28(D) above that a person appearing in a state of nudity did so in a modeling class operated:
      (1)   By a propriety 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)   In a structure:
         (a)   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
         (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.
   (C)   It is a defense to prosecution under §§ 111.04(A) or 111.25 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.
(2005 Code, § 6-2-21) Penalty, see § 111.99
§ 111.34 INJUNCTION.
   A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of § 111.25 above is subject to a suit for injunction as well as prosecution for criminal violations.
(2005 Code, § 6-2-22) (Ord. 881201, passed 12-1-1988) Penalty, see § 111.99
§ 111.99 PENALTY.
   Except as provided by § 111.33(A) above, any person violating a provision of this chapter, upon conviction, is punishable by a fine not to exceed $500.
(2005 Code, § 6-2-21)