In this article the following definitions shall apply:
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, or mechanically-controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Adult bookstore or adult video store means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
(1) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
Adult cabaret means a night club, bar, restaurant, or similar commercial establishment not subject to regulation in accordance with Chapter 58, Article VI of the Code of Ordinances and which regularly features:
(1) persons who appear in a state of nudity; or
(2) live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult motel means a hotel, motel or similar commercial establishment which:
(1) offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, film, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or
(2) offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
Adult motion picture theater means a commercial establishment where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown and are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult tanning salon means a commercial establishment which provides facilities for tanning the human skin, such as tanning beds, suntan lights, or other similar facilities, and regularly features for the entertainment of its clientele:
(1) persons who appear in a state of nudity; or
(2) live performances or style shows of lingerie performed by persons who appear in a state of nudity or which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
Applicant means a person who must apply for a license by this article.
Chief of Police means the Chief of Police of the City of Longview or his designated agent.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie, or to privately perform a striptease for another person.
Escort agency means a business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment means and includes any of the following:
(1) the opening or commencement of any sexually-oriented business as a new business;
(2) the conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;
(3) the addition of any sexually-oriented business to any other existing sexually-oriented business;
(4) the relocation of any sexually-oriented business; or
(5) a location and place of business.
Licensee means a person in whose name a license to operate a sexually-oriented business has been issued, as well as, the individual listed as an applicant on the application for a license or a person licensed under this Act.
Nude modeling studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. The term does not include a place that otherwise meets the definition of the term "nude modeling studio" if the place is operated by one of the following:
(1) a proprietary school licensed by the State of Texas;
(2) a college, junior college or university supported entirely or partly by taxation; or
(3) 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.
Nudity or a state of nudity means:
(1) the appearance of a human bare buttock, anus, male genitals, female genitalia, pubic region or female breasts; or
(2) a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitalia, pubic region or areola of the female breast.
(3) this definition shall not include a mother in the act of nursing her child.
Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually-oriented business whether or not that person is an owner, part owner, or licensee of the business.
Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as, portions of the body covered by supporting straps or devices.
Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or other activities between male and female persons and/or persons of the same sex, when one or more of the persons is in a state of nudity or seminude.
Sexually-oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center, or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting, or devices, or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas means human genitals in a state of sexual arousal and includes, without limitation, human male genitals in a discernibly turgid state even if completely and opaquely covered.
Specified sexual activities means and includes any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) masturbation, actual or simulated; or
(4) excretory functions as part of, or in connection with, any of the activities set forth in (1) through (3) above.
Transfer of ownership or control of a sexually-oriented business includes any of the following:
(1) the sale, lease, or sublease of the business;
(2) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) the establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
(Ord. No. 2414, 8-11-94; Ord. No. 3018, § 2, 3, 3-22-01)