§ 110.37  OPERATING REQUIREMENTS.
   (A)   The following shall be violations of these regulations punishable as authorized in Tex. Loc. Gov't Code, § 243.010(b).  Each day a violation continues constitutes and is punishable as a separate offense:
      (1)   For any employee, owner, or enterprise operator of a Class I enterprise to negligently allow any person below the age of 18 years to remain upon the premises or within the confines of the enterprise during the hours of operation;
      (2)   For any person to be at an enterprise totally nude; however, private rooms at adult motels and employees' designated dressing rooms that are not visible or accessible to patrons are excepted from this prohibition;
      (3)   For any employee, owner, or enterprise operator to request or suggest that any patron or employee become totally nude at the premises of the enterprise;
      (4)   For any person to engage in, or any employee, owner, or enterprise operator to allow another person to engage in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any other public sexual act prohibited by law, or acts which simulate the aforesaid at or in a permitted premise;
      (5)   For any enterprise to exhibit advertisements, displays, or other promotional materials at the premises that are characterized by specified sexual activities or specified anatomical areas and are visible from a public road, sidewalk, or other public place;
      (6)   For any person to conduct business as an enterprise in the area covered by these regulations without a valid SOBP issued in accordance with these regulations;
      (7)   For any person to counterfeit, forge, change, deface, duplicate, or alter an SOBP;
      (8)   For any person to knowingly make any false, fraudulent, or untruthful material representation, written or oral, or in any other way knowingly conceal any material fact required in the SOBP application;
      (9)   For the owner or enterprise operator to fail to comply with the conditions attached to the SOBP pursuant to §§ 110.26 or 110.27(F).  Each and every day the enterprise fails to comply with a SOBP condition is a violation of these regulations;
      (10)   For an employee of an enterprise to provide materially false identification information to an enterprise under § 110.29;
      (11)   For any person to attempt to transfer, assign, or devise an SOBP;
      (12)   For any person performing at an enterprise to do so less than six feet from the nearest patron and on a stage less than 18 inches above floor level;
      (13)   For the owner or enterprise operator of a Class I enterprise to allow any location within the enterprise to be used for the purpose of live exhibitions unless it is marked with clear indications of the six-foot zone.  The absence of this demarcation will create a presumption that there have been violations of these regulations during performances in the unmarked area; or
      (14)   For any person to offer or accent a gratuity at an enterprise unless it is done pursuant to this section, specifically, gratuities being offered to any person performing on a stage must be placed in a receptacle provided for receipt of gratuities and a tip or gratuity offered to any employee in or about the nonstage area of the enterprise shall be placed into the hand of the employee or into a receptacle provided by the employee and not upon the person or in the clothing of the employee.
   (B)   The following categories of sexually-oriented enterprises are prohibited in the city:  modeling studios, escort agencies, escorts, sexual encounter centers, any enterprise whose employees appear in a state of total nudity, and any Class II enterprise that provides services in a state of total nudity.  It shall be a violation of these regulations to engage in these business activities in the city.  Each person found to be engaged and/or participating in the business of such an enterprise shall be subject to the penalties and enforcement provisions of these regulations.
   (C)   A Class I enterprise has the duty to maintain and make available a time record reflecting the times and dates each Class II enterprise worked at that location.  The City Manager will provide a standard format for these records which shall require a sign-in/out sheet and notation of the SOBP card number.  These records shall be available for inspection by the Sheriff during the hours of operation of the enterprise.  These records shall be retained for at least a period of two years from creation.  Upon written request, the enterprise has a duty to provide a copy of the records to the City Manager within seven days of the request.  It shall be a violation of these regulations to falsify these records.
(Ord. 02-0521, passed 5-21-2002)  Penalty, see § 10.99