(A) It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the town. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(B) It is the intent of the City Council that the locational regulations of § 115.05 are promulgated pursuant to Tex. Local Gov't Code, Ch. 243, as they apply to nude model studios and sexual encounter centers only. It is the intent of the City Council that all other provisions of this chapter are promulgated pursuant to the City Charter and Tex. Local Gov't Code, Chs. 51, 54, 215 and 217.
(C) This chapter intends a balance of the right of the citizens of the town to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States and United States Supreme Court rulings pursuant thereto.
(D) This chapter is also intended to deter property uses and activities, which directly or indirectly, cause or would cause adverse secondary effects, including the deprecation of property values, on the stability of the immediate neighborhood surrounding the sexually oriented business.
(E) This chapter has neither the primary purpose nor primary effect of imposing an unreasonable limitation or restriction on the content of any communicative materials, including sexually oriented materials.
(F) Similarly, it is not the purpose or intent of this chapter to unreasonably restrict or absolutely deny lawful access by adults to sexually oriented materials or to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.
(G) Similarly, it is not the purpose or intent of this chapter to impose judgment on the content or merits of any Constitutionally protected form of speech or expression.
(Ord. 310, passed 3-11-2010)