(a) ADULT ENTERTAINMENT ESTABLISHMENT. Amusement enterprises offering activities and services distinguished or characterized by the depiction or describing of specified anatomical areas or specified sexual activities, as defined in the zoning ordinance of the City of Seven Points. Such uses shall include, but not be limited to, the following.
(1) ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug- or token-operated, or electronically, electrically 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 displays are distinguished or characterized by the depicting or describing of specified anatomical areas or specified sexual activities, as defined in this chapter.
(2) ADULT BOOKSTORE. A commercial establishment which has devoted a substantial or significant portion of its business to the sale, rental or any form of consideration of any one or more of the following:
(a) Books, magazine, periodical or other printed matter, photographs, films, motion pictures, video cassettes, video tapes or other video reproductions, slides or other visual representations which depict or describe specified anatomical areas or specified sexual activities, as defined in this chapter; or
(b) Instruments, devices or paraphernalia which depict specified anatomical areas or specified sexual activities, or are designed for use in connection with specified sexual activities.
(3) ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(a) Person or persons who appear in a state of nudity;
(b) Live performances which are characterized by the exposure of specified anatomical areas; or by specified sexual activities, including topless or bottomless dancer, exotic dancers or strippers; or
(c) Films, motion pictures, video cassettes, video tapes or other video reproductions, slides or other photographic or visual representations which are characterized by the depiction of specified anatomical areas or specified sexual activities, as defined in this chapter.
(4) ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes or tapes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified anatomical areas or specified sexual activities, as defined in this chapter.
(5) ADULT THEATER. 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 depiction or description of specified anatomical areas or specified sexual activities, as defined in this chapter.
(6) MASSAGE PARLOR. Any place where, for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any specified sexual activity, or where any person providing such treatment, manipulation or service related thereto exposes any specified anatomical area.
(7) NUDE MODELING STUDIO. Any place where a person who appears in a state of nudity, or displays any specified anatomical area is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
(b) AIR CONDITIONING AND REFRIGERATION CONTRACTOR. A place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Tex. Occupations Code Ch. 1302.
(c) AMUSEMENT, COMMERCIAL (INDOOR). An amusement enterprise wholly enclosed in a building which is treated acoustically so-that noise generated by the enterprise is not perceptible at the bounding property line. Said amusement enterprise may offer, activities, services, and instruction for the entertainment, exercise and/or improvement of fitness and health of customers, clients or members. Uses would typically include bingo parlors, athletic facility, dance hall, exercise areas, gymnasiums, health club/resort, bowling alleys, ice or roller skating rinks, martial arts classrooms and/or practice areas, racquetball and handball courts, running or jogging tracks, swimming pools and spas, teen club, tennis courts and theaters.
(d) AMUSEMENT, COMMERCIAL (OUTDOOR). An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge where any portion of the activity takes place in the open. Uses would typically include amusement parks or water amusement parks, archery range, athletic/recreational facility, carnivals, fairgrounds, drive-in movie, golf course, golf driving range, batting cage, go-cart track, miniature golf course and sport/recreation camp.
(e) ANTIQUE SHOP. An establishment offering for sale, within a building, articles such as artwork, glass, china, furniture or similar furnishings, decorations or artifacts which have value and significance as a result of age, design and/or sentiment.
(f) Reserved for future use.
(g) ARCADE. An establishment in which at least 25% of the floor area open to the public is used for coin-operated, slug or token-operated, or electronically- or mechanically-controlled still or motion picture machines, projectors or other image-producing devices, or skill or pleasure machines, other than billiard or pool tables, or which has more than five such machines for use by the general public; provided, however, that the ARCADE may neither display nor use any eight-liner machine.
(h) BAKERY AND CONFECTIONERY, RETAIL SALES. A place for preparing, cooking, baking and selling of products on the premises.
(i) BAKERY AND CONFECTIONERY, WHOLESALE. A place for preparing, cooking or baking of products primarily intended for off-premise distribution.
(j) BANK, SAVINGS AND LOAN, CREDIT UNION. An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.
(k) BARBER SCHOOL OR COLLEGE. A place of training for practice of barbering, as defined in Texas Barber Act, Tex. Occupations Code Ch. 1601, meeting standards established in Tex. Occupations Code § 1601.351 of said Texas Barber Act.
(l) BARBER SHOP. A place where barbering, as defined in Texas Barber Act, Tex. Occupations Code Ch. 1601, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.
(m) BEAUTY CULTURE SCHOOL; COSMETOLOGY SPECIALTY SHOP. A specialized place of training, as defined in the Cosmetology Regulatory Act, Tex. Occupations Code Ch. 1602.
(n) BEAUTY SHOP. A place where cosmetology, as defined in the Cosmetology Regulatory Act, Tex. Occupations Code Ch. 1602, is practiced.
(o) BUILDING MATERIALS, HARDWARE SALES. The sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.
(p) BUSINESS SERVICE. Establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis, including, but not limited to, advertising agencies, computer programming and software services, and office equipment rental or leasing.
(q) CABINET AND UPHOLSTERING SHOP. An establishment used for the production, display and sale of furniture and soft coverings for furniture.
(r) CLEANING AND PRESSING, SMALL SHOP AND PICKUP. A custom cleaning shop not exceeding 2,500 square feet in floor area or a pickup station for a cleaning establishment located off-site. Also see CLEANING AND DYEING; DRY CLEANING PLANT, Appendix B, § 7d.
(s) CLINIC, MEDICAL OR DENTAL. A facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight. See § 155.220 for additional regulations.
(t) CONVENIENCE STORE. A retail establishment providing for the sale of food items, non-prescription drugs, small household items and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six pumps are offered. Maximum size of the establishment will be no more than 5,000 square feet, not including storage areas and administrative offices.
(u) CUSTOM PERSONAL SERVICE SHOP. Tailor, dressmaker, shoe repair, barber/beauty shop, health studio, travel consultant or similar shop offering custom service.
(v) DANCE HALL OR NIGHT CLUB. An establishment offering to the general public facilities for dancing and entertainment for fee and subject to licensing and regulation by the City of Seven Points.
(w) DISCOUNT, VARIETY OR DEPARTMENT STORE. A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.
(x) FEED AND FARM SUPPLY STORE. An establishment for the selling of food stuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.
(y) FLEA MARKET. A site where .space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances and similar merchandise, objects or equipment in small quantities. The term FLEA MARKET shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments and auction establishments.
(z) FLORIST. An establishment displaying plants, flowers, floral supplies and similar items.
(aa) FOOD STORE; GROCERY STORE. An establishment that displays and sells consumable goods for use and consumption off the premises.
(bb) FURNITURE AND APPLIANCE REPAIR OR STORAGE. The storage, maintenance or rehabilitation of appliances customarily used in the home including, but not limited to, washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners and hair dryers.
(cc) FURNITURE, APPLIANCE STORE. Retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.
(dd) GARDEN CENTER (RETAIL SALES). Location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.
(ee) GENERAL MERCHANDISE STORE. Retail stores which sell a number of lines of merchandise, including, but not limited to, dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware and food. The stores included in this group are known as department stores, variety stores, general stores and other similar stores.
(ff) LABORATORY, SCIENTIFIC OR RESEARCH. Facilities for research including laboratories, experimental equipment and operations involving compounding or testing of materials or equipment.
(gg) LAUNDRY AND CLEANING, SELF-SERVICE. An establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.
(hh) METAL DEALER, CRAFTED PRECIOUS. A place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium or their alloys, excluding coins and commemorative medallions, under terms and conditions found in Tex. Occupations Code §§ 1956.051 et seq.
(ii) METAL DEALER, SECONDHAND. A place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered together or kept for shipment, sale or transfer, under terms and conditions found in Tex. Occupations Code Ch. 1956. Also see JUNK OR SALVAGE YARD, Appendix B, § 7l.
(jj) OFFICE CENTER. A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry or government r or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper or candy stand.
(kk) OFFICE, PROFESSIONAL OR GENERAL ADMINISTRATIVE. A room or group of rooms used for the provision of executive, management or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering and business offices of public utilities, organizations and association, but excluding medical offices.
(ll) OFFICE/SHOWROOM. A building or facility which has a portion of its total floor area devoted to the display of remnants or samples of merchandise for sale, either on a wholesale or retail basis, on the premises or by order for future delivery, and where the remaining area is devoted to administrative or sales offices.
(mm) OFFICE/WAREHOUSE. Flex space; a building or facility which has a portion of its total floor area devoted to distribution, storage or warehousing operations, in which the remaining area may include retail and wholesale sales areas, sales offices or display areas for products sold or distributed from the storage or warehousing areas.
(nn) PACKAGE STORE. An establishment offering for sale within a building, liquor as that term is defined in the Tex. Alcoholic Beverage Code, § 1.04, to consumers for off-premises consumption only, and not for the purpose of resale.
(oo) PAWN SHOP. An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).
(pp) PERSONAL SERVICE SHOP. An establishment primarily engaged in providing services generally involving the care of the person or his or her apparel, including, but not limited to, barber and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs.
(qq) PET SHOP. A retail establishment offering small animals, fish or birds for sale as pets and where all such creatures are housed within the building.
(rr) PHARMACY. An establishment operated by a registered pharmacist which dispenses medicines and health aids.
(ss) PLUMBING, HEATING, REFRIGERATION OR AIR CONDITIONING BUSINESS. An establishment primarily engaged in the sales, service or installation of equipment pertaining to plumbing, heating, refrigeration or air conditioning. Also, see AIR CONDITIONING AND REFRIGERATION CONTRACTOR, Appendix B, § 6b.
(tt) PLUMBING SERVICE. The operation of a business which involves only retail sales and off-premises service, installation and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration or air conditioning contractor or similar type wholesale operation.
(uu) PORTABLE BUILDING SALES. An establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.
(vv) POST OFFICE, GOVERNMENT OR PRIVATE. Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.
(ww) PRINT SHOP. An establishment which reproduces printed or photographic impressions, including, but not limited to, the process of composition, binding, platemaking, microform, type casting, presswork and printmaking.
(xx) RACQUETBALL FACILITIES. Courts housed in an acoustically-treated building and designed for one to four persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery and related uses up to a maximum of 40% of the total floor area.
(yy) Reserved for future use.
(zz) RESTAURANT, WITH DRIVE-IN SERVICE. An eating establishment where food or drink is primarily served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.
(aaa) Reserved for future use.
(bbb) RESTAURANT, WITH DRIVE-THROUGH SERVICE. An eating establishment which serves food only to persons in cars and which does not provide facilities for the consumption of food in automobiles on or near the restaurant premises.
(ccc) RESTAURANT WITH PRIVATE CLUB ALLOWING ON PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES. An establishment offering food for sale which is prepared on the premises to .be consumed on the premises and which has 51% of its annual gross business in sales of such food and non-alcoholic beverages; and having a private club permit or license from the state, allowing on-premises consumption of alcoholic beverages. Upon written request of the Mayor of the City of Seven Points, the owner or operator of such an establishment shall furnish an audit to the City of Seven Points at the expense of the owner or operator in order to determine compliance with the requirements of this definition.
(ddd) RESTAURANT, WITHOUT DRIVE-IN OR DRIVE-THROUGH SERVICE. An eating establishment where service is primarily to customers at tables and shall include restaurants, cafeterias and other stores of a similar nature and not providing facilities for the consumption of food in automobiles on or near the restaurant premises and providing no service to persons in vehicles or at walk up windows.
(eee) RETAIL STORES AND SHOPS. Establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture or salvage materials.
(fff) REVERSE VENDING MACHINE. A fully enclosed, automated machine, which accepts and issues a cash refund or redeemable coupon for used metal cans, plastic, glass or paper. Such machine shall have a maximum height of ten feet, a maximum ground coverage of 150 square feet, and a maximum storage capacity of 3,000 pounds.
(ggg) SECONDHAND GOODS, COLLECTION. See MOBILE COLLECTION CENTER FOR SECONDHAND GOODS, Appendix B, § 7o.
(hhh) SECONDHAND STORE, FURNITURE OR CLOTHING. An establishment offering for sale used merchandise, with the storage and display of such items wholly contained inside a building or structure.
(iii) SERVICE, RETAIL. An establishment engaged in the selling and/or servicing of goods where a minimum of 80% of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.
(kkk) SHOPPING CENTER. A group of primarily retail and service commercial establishments planned, constructed and managed as an integral unit with customer and employee parking provided on-site and provision for good delivery separated from customer access.
(lll) THEATER (OUTDOOR). An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.
(mmm) TOOL OR TRAILER RENTAL. A store or shop renting any type of tools and/or equipment used to residential, commercial or industrial purposes.
(nnn) TOOL RENTAL (RESIDENTIAL USES). A store or shop renting tools, equipment and/or other goods for use in normal residential activities. This specifically excludes any type of equipment normally associated with commercial or industrial activity, such as ditching machines, tractors, bulldozers or other similar heavy machinery or equipment.
(ooo) TRAILER, MANUFACTURED HOUSING, OR MOBILE HOME DISPLAY AND SALES. The offering for sale, storage or display of trailers, manufactured housing or mobile homes on a parcel of land, but excluding the use of such facilities as dwellings, either on a temporary or permanent basis.
(ppp) TRAILER RENTAL. The display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.
(qqq) VETERINARY CLINIC. An animal clinic or animal hospital. A facility for the prevention, treatment, minor surgery, cure or alleviation of disease and/or injury to animals, specifically domestic animals, with all care provided on an out-patient basis only. See § 155.222 for additional regulations. See KENNEL.