(A) Purpose. 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 city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city, and to prevent the location of such businesses in proximity to residential uses, schools, places of worship, places of public assembly, public parks and child care facilities. 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 or 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 lawfully presented sexually oriented entertainment to their intended market. The promotion of obscene material (not protected by the First Amendment) is enforceable through separate criminal sanctions under the Tex. Penal Code.
(B) Statutory authority. It is the intent of the City Council that the locational regulations of this chapter are promulgated pursuant to Tex. Loc. Gov’t Code, § 243.001 et seq., as they apply to sexually oriented businesses.
(Ord. 13-1094, passed 12-19-2013)