§ 112.13 ENFORCEMENT AND CLASSIFICATION OF VIOLATIONS.

   The following acts shall be Class A misdemeanors, pursuant to Tex. Loc. Gov’t Code § 243.010, and shall be subject to such penalties as are provided under Texas law. A separate offense shall be deemed committed upon each day during or on which a violation occurs:

   (A)   Operation of a sexually oriented business prohibited under § 112.03(D);

   (B)   Sexually oriented entertainment taking place in violation of design standards set forth in § 112.05;

   (C)   Operation of multiple sexually oriented businesses on licensed premises, in violation of § 112.04(D) or § 112.06(D);

   (D)   Transfer of ownership in violation of § 112.06(F);

   (E)   The owner/operator gave false or fraudulent information in the application required under § 112.07 or otherwise acquired the license under false pretenses;

   (F)   Operating with an expired license, in violation of § 112.08(D);

   (G)   The commission of any act or omission in conducting a sexually oriented business which would constitute grounds for denying a license application for a sexually oriented business pursuant to § 112.10(A) through § 112.10(D);

   (H)   Others occupying a stage, in violation of § 112.11(A)(1);

   (I)   Entertainment taking place in a cabaret or modeling studio other than on a stage, in violation of § 112.11(A)(2);

   (J)   Tips collected in violation of § 112.11(A)(3);

   (K)   Operating a sexually oriented business on Monday through Saturday between the hours of 12:00 a.m. and 8:00 a.m., on Sunday between the hours of 1:00 a.m. and 12:00 p.m., and on Sunday between 12:00 a.m. and 8:00 a.m. on Monday in violation of § 112.11(A)(5);

   (L)   Allowing overnight parking in the parking area of a sexually oriented business in violation of § 112.11(A)(6);

   (M)   Establishment license not posted, in violation of § 112.11(B);

   (N)   Persons under 18 years of age on premises, in violation of § 112.11(C);

   (O)   Entertainer, server or employee being nude or semi-nude or in a state of nudity or semi-nudity, in violation of § 112.11(D);

   (P)   Exterior display of live performances, or media or material depicting specified sexual activities or specified anatomical areas, in violation of § 112.11(E);

   (Q)   The owner/operator knowingly allowing occurrence of specified criminal acts or specified sexual activities, in violation of § 112.11(F);

   (R)   Customers in an area of the premises which is not permitted, in violation of § 112.11(G);

   (S)   Manager not on duty during the time the business is open, in violation of § 112.11(H);

   (T)   Bed, sofa, or mattress in modeling studio, in violation of § 112.11(I);

   (U)   Sexually oriented motel room occupied two or more times in less than ten hours, in violation of § 112.11(J);

   (V)   Not maintaining the building's interior or exterior design standards, or altering the building's exterior or interior design or premises, without written authorization from the Chief, in violation of § 112.11(K);

   (W)   Prohibition of inspections by the Chief, in violation of § 112.11(L);

   (X)   Operation of a sexually oriented business during a period of suspension imposed under § 112.12;

   (Y)   Suspension of a sexually oriented business license at least two times in the preceding 12-month period;

   (Z)   Operation of a sexually oriented business during a period of suspension or revocation imposed under § 112.12; and

   (AA)   An establishment open to persons under the age of 18 years that is not subject to § 112.05(E), makes available sexually oriented media in such a manner that:

      (1)   It is available to the general public for handling and inspection without assistance from an employee of the business; or

      (2)   The cover or outside packaging on the item is visible to members of the general public.

(Ord. 13-1094, passed 12-19-2013)