§ 110.04  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT ARCADE.  Any place the public is allowed or invited where image-producing devices are maintained to show images to five or fewer persons per device at any one time and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section.  Devices covered in this definition include machines that produce still or motion pictures, are coin- or slug-operated, are electronically or mechanically controlled, and include computer monitors.
   ADULT BOOKSTORE or ADULT VIDEO STORE.  An establishment that, as its primary business purpose, offers for sale or rental, for any form or consideration, any one or more of the following:
      (1)   Books, magazines, periodicals, or other printed matter; photographs, films, motion pictures, videocassettes, or video reproductions; computer programs; slides; or other visual representations that depict or describe specified sexual activities or specified anatomical areas, as defined in this section; and/or
      (2)   Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities, as defined in this section.
   ADULT CABARET.  A nightclub, bar, restaurant, or similar commercial establishment that features:
      (1)   Persons who appear semi-nude or in a state of nudity, as defined in this section;
      (2)   Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities, as defined in this section; and/or
      (3)   Films, motion pictures, computer simulations, videocassettes, slides, or other reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section.
   ADULT MOTEL.  A hotel, motel, or similar commercial establishment that:
      (1)   Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides, or other reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section; and
      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
   ADULT MOTION PICTURE THEATER.  A commercial establishment that regularly shows, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section.
   ADULT THEATER.  A theater, concert hall, auditorium, or similar commercial establishment that regularly features live performances characterized by the exposure of specified anatomical areas, as defined in this section.
   ALLOW.  To let happen, cause, suffer, or permit, including the failure to prevent.
   APPLICANT.  The individual or entity submitting the application for a SOBP.  Where appropriate, this includes a designated agent of the APPLICANT.
   CASHIER.  Any employee who handles cash or any other form of payment from clients of any enterprise for services or products provided.
   CHILD-CARE FACILITY.  A facility used as a day nursery, children's boarding home, child placement agency, or other place for the care or custody of children under 15 years of age, licensed by the state pursuant to Tex. Human Resource Code, Ch. 42.
   CHURCH or PLACE OF RELIGIOUS WORSHIP.  A facility, including all structures and grounds, at which persons regularly assemble for worship, intended primarily for the purposes connected with faith or for propagating a particular form of belief.
   CITY.  The City of Willis, Texas.
   CITY MANAGER.  The City Manager of the City of Willis, Texas, his or her designated agent, or the county official authorized by interlocal agreement to perform the duties of the City Manager.
   COMMISSIONERS COURT.  The County Commissioners Court.
   COUNTY.  Montgomery County, Texas.
   DWELLING.  A house, duplex, apartment, townhouse, condominium, mobile home, or any other building used as a residence.
   EMPLOYEE.  Any person who works in or about an enterprise and renders any service whatsoever to the patrons of an enterprise and receives compensation for the service or work from the enterprise operator or owner of the enterprise or from the patrons thereof; excepting individuals who have a valid Class II SOBP working at the enterprise under a written contract.
   ENTERPRISE.  A sexually-oriented business enterprise consisting of 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.  This definition includes, but is not limited to:  sex parlors; nude studios; modeling studios; love parlors; adult bookstores; adult movie theaters; adult video arcades; adult movie arcades; adult video stores; adult motels; adult cabarets; escort agencies; and sexual encounter centers.
      (1)   ENTERPRISES are classified as follows.
         (a)   CLASS I ENTERPRISES conduct business regularly at a specific location.
         (b)   CLASS II ENTERPRISES are individuals who offer, for compensation, a service intended to provide sexual stimulation or sexual gratification to patrons at any location in the county, unless that individual is an employee of a CLASS I ENTERPRISE working at the location permitted under a Class I SOBP.
      (2)   The term ENTERPRISE shall not be construed to include:
         (a)   A business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers that, as the major business purpose, performs functions authorized under the license held;
         (b)   Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts as the major business purpose;
         (c)   A massage establishment which is properly registered under Chapter 752, Acts of the 69th Legislature, Regular Session, 1985 (Tex. Occupations Code, §§ 455.001 et seq.), as amended;
         (d)   A bookstore, movie theater, or video store, unless the business is an adult bookstore, adult movie theater, or adult video store, as defined in these regulations;
         (e)   A theater, concert hall, auditorium, or similar commercial establishment, unless that business is an adult theater, as defined in these regulations; and/or
         (f)   A tanning facility that is properly licensed pursuant to Tex. Health and Safety Code, Ch. 145, the Tanning Facility Act, as amended by the Acts of 1995, 74th Legislature, Ch. 684.
   ENTERPRISE OPERATOR.  A manager or other natural person principally in charge of a sexually-oriented business enterprise.
   ESCORT.  An individual who, for consideration, agrees or offers to privately model, dance, or similarly perform for another person, or to act as a private companion, guide, or date for another person and offers a service intended to provide sexual stimulation or sexual gratification to the customer.
   ESCORT AGENCY.  A business that, for consideration, furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes and offers a service intended to provide sexual stimulation or sexual gratification to the customer.
   HOSPITAL.  A building used to provide in-patient medical care for the sick or injured and licensed pursuant to the Texas Hospital Licensing Law, Tex. Health and Safety Code, Ch. 241, or operated by an agency of the federal government.
   INTERESTED PARTY.  Any person who owns or leases real property within 1,500 feet of an enterprise, any official who is elected by residents of the county, and the applicant.
   LIVE EXHIBITION.  A live performance by one or more individuals conducted in front of at least one patron, including, but not limited to, dancing, modeling, sword swallowing, juggling, acrobatic acts, wrestling, and pantomime.
   NUDITY or STATE OF NUDITY.  Any state of dress which fails to opaquely cover a human buttock, anus, male genitalia, female genitalia, or areola of a female breast.
   PATRON.  Any customer or client of an enterprise, including members of the public or club members invited or admitted to a Class I enterprise.  This definition shall not include the employees or permitted Class II performers at a Class I enterprise.
   PERSON.  An individual, partnership, corporation, association, or other legal entity.
   PUBLIC BUILDING.  A building used by federal, state, or local government that is open to the general public.
   PUBLIC PARK.  A tract of land dedicated for public use and accessible to the general public for recreational purposes, not including public roads, walkways, easements, and rights-of-way.  This term shall include locations owned by nonprofit organizations that provide educational and recreational facilities.
   REGULATIONS.  Regulations of the city for the operation of sexually-oriented business enterprises.
   SCHOOL.  A facility, including all attached playgrounds, dormitories, stadiums, and other appurtenances, which are part of the facility, used for the primary purpose of instruction or education, including primary and secondary schools, colleges, and universities, both public and private.
   SEMI-NUDE.  Any state of dress which opaquely covers no more than a human buttock, anus, male genitalia, female genitalia, or areola of a female breast.
   SERVER.  An individual who serves patrons food or beverages in an enterprise, including waiters, waitresses, hosts, hostesses, and bartenders.
   SEXUALLY-ORIENTED MODELING STUDIO.  A place where, for any form of consideration, a person models semi-nude or in a state of nudity, or displays specified anatomical areas as defined in this section, for other persons to sketch, draw, paint, sculpt, photograph, or similarly depict or observe.
   SOBP.  Sexually-oriented business permit issued and regulated pursuant to this chapter.
   SPECIFIED ANATOMICAL AREAS.  Human genitals in a state of sexual arousal, whether clothed or nude.
   SPECIFIED SEXUAL ACTIVITIES.  Any of the following:
      (1)   Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether clothed or nude;
      (2)   Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
      (3)   Masturbation, actual or simulated; and/or
      (4)   Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
   TOTALLY NUDE.  A person shall be considered to be totally nude as this term is used in this chapter if the person's entire pubic region, genitals, or anus is not opaquely covered.
   TRANSFER OF OWNERSHIP OR CONTROL.
      (1)   The sale, lease, or sublease of the business; and/or
      (2)   Transfer of a controlling interest in the business whether by sale, exchange, gift, or other means.
(Ord. 02-0521, passed 5-21-2002)