For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning, or unless the Zoning Chapter (Chapter 155) indicates otherwise.
ADULT ARCADE. A business which offers its customers, in one or more enclosures designed for occupancy by up to five persons, still or motion pictures characterized by depiction of sexual nudity or sexual activities.
ADULT BOOKSTORE or ADULT VIDEO STORE. A business in which a substantial portion of the stock in trade consists of books, videos, tapes, cassettes, photographs, slides, computer media or similar materials that emphasize the depiction of sexual nudity or sexual activities.
ADULT CABARET. A business which offers to customers live performances that include the depiction of sexual nudity or sexual activities.
ADULT MOTEL. A business which offers its customers a sleeping room for a period of time less than ten hours and provides in the room still or motion pictures that emphasize the depiction of sexual nudity or sexual activities. Evidence that a sleeping room in an 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.
ADULT THEATER. A business which offers its customers, in one or more areas designated for occupancy by more than five persons, still or motion pictures that emphasize the depiction of sexual nudity or sexual activities.
CHURCH. A building in which persons regularly assemble to worship, intended primarily for purposes connected with faith or for propagating a particular form of religion.
DETAILED DEVELOPMENT PLAN. A detailed development plan as defined in the subdivision regulations (Chapter 154) of the city as it may be amended from time to time.
NUDE STUDIO. A business which offers its customers persons displaying sexual nudity to be observed, drawn, sculpted or photographed by the customers.
SCHOOL. A building where persons regularly assemble for the purpose of preschool, primary, secondary or college instruction or education, together with associated playgrounds, dormitories, stadia and other structures or grounds or a child care facility licensed or registered with the state.
SEXUAL ACTIVITIES. Includes each of the following:
(1) The erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sexual acts, actual or simulated, including intercourse, oral copulation, or sodomy; or
(3) Masturbation, actual or simulated.
SEXUAL NUDITY. The erotic display of a bare human buttock, pubic region, genitals, anus, or female breast.
SEXUALLY ORIENTED BUSINESS. A nude studio, adult bookstore, adult theater, adult arcade, adult video store, adult motel or other commercial enterprise the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. In determining the primary business of an enterprise, the following factors will be considered:
(1) The portion of the floor area of the enterprise devoted to services, devices, or items described above.
(2) The portion of merchandise display areas of the enterprise devoted to services, devices, or items described above.
(3) The portion of the advertising or signage of the enterprise devoted to services, devices, or items described above.
(4) The portion of the gross or net revenues of the enterprise devoted to services, devices, or items described above.
(5) The portion of the employees of the enterprise who perform a service described above.
If one or more of the factors is 50% or more for an enterprise, the test for primary business of an enterprise is met.
SPECIFIC USE PERMIT. A specific use permit issued through the process established in the Zoning Chapter of the City Code (Chapter 155) as it may be amended from time to time.
STATE. The State of Texas.
ZONING CHAPTER. The Zoning Chapter of the City Code (Chapter 155) as it may be amended from time to time.
(Ord. passed 5-4-2004)