HomeMy WebLinkAboutO-1996-1501-U
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ORDINANCE NO. 1501-U
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS,
AMENDING ORDINANCE 1501, THE ZONING ORDINANCE OF THE CITY OF LA
PORTE BY ADDING A NEW PART REGULATING ADULT ORIENTED BUSINESSES;
AMENDING DISTRICT REGULATIONS TO ALLOW ADULT ORIENTED BUSINESSES
IN AN H-I ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS OF LOCATION REQUIREMENTS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR ALL
OTHER VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, on August 7, 1996, the Planning and Zoning Commission held a
public hearing on a proposed ordinance regulating adult oriented businesses for which
notice was given as required by law and at which all interested parties had an
opportunity to speak; and
WHEREAS, following a study, review, and discussion of adult oriented
businesses, the Planning and Zoning Commission has recommended that the City
regulate those businesses; and
WHEREAS, the City Council has received the report and recommendation of the
Planning and Zoning Commission; and
WHEREAS, on August 26, 1996, the City Council held a public hearing on the
proposed adult oriented business ordinance for which notice was given as required by
law and at which all interested parties had an opportunity to speak; arid
WHEREAS, based on the recommendation of the Planning and Zoning
Commission and its own study, review, and discussion, the City Council makes the
following findings regarding adult oriented businesses:
( 1) There is a need for the regulation of businesses which offer adult oriented
materials, activities, or services to the public because they have been
shown to have various adverse or secondary effects on surrounding land
uses and the community; and .
(2) This ordinance is not intended to limit a person's access to materials or
services offered by adult oriented businesses or to regulate the content of
protected speech, but only to alleviate the secondary effects of adult
oriented businesses; and
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(3) Adult oriented businesses located too closely to residential uses have
been shown to cause a reduction in property values of the residential
properties and may adversely affect the stability of neighborhoods; and
(4) There is generally a higher incidence of illegal drug activity, prostitution,
and other criminal offenses in and near adult oriented businesses, which
can adversely affect the enjoyment and use of nearby churches, schools,
and public parks by the general public; and
(5) The concentration of adult oriented businesses has been shown to cause
cumulative secondary effects on surrounding properties, impacting the
ability of other types of businesses located nearby to attract customers,
resulting in the gradual failure of nearby businesses and the general
deterioration of the neighborhood; and
(6) The proposed ordinance regulates adult theaters because there is
evidence that adult theaters containing private viewing rooms or darkened
areas are often used for drug use, prostitution, and other illegal activities.
Illegal sexual conduct encourages the spread of adult transmitted
diseases, which requires the need for greater health services. These
types of activities also historically foster thefts and assaults and other
types of crimes, all of which create a public nuisance and require greater
police services; and
(7) The location restrictions and regulations of the ordinance leave available
sufficient sites for the operation of adult oriented businesses so as not to
unduly restrict access to the products and services offered by those
businesses;
NOW, THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF LA PORTE, TEXAS:
SECTION A. That the Zoning Ordinance of the City of La Porte is amended by adding a
new Article A to read as follows:
ARTICLE A
ADULT ORIENTED BUSINESSES
Section 1
Section 2
Section 3
Section 4
Purpose and Intent.
Definitions.
Classifications.
Inspection.
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Section 5
. Section 6
Section 7
Section 8
Additional Regulations for Nude Model Studios.
Additional Regulations for Adult Theaters and Adult
Motion Picture Theaters.
Additional Regulations for Adult Motels.
Regulations Pertaining to Exhibition of Adult Explicit
Films or Videos.
Enforcement.
Amendments
Section 9
Section 10
ADULT ORIENTED BUSINESSES
SECTION. 1. PURPOSE AND INTENT
(A) The purpose of these regulations on adult oriented businesses is 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 adult
oriented businesses within the City. The provisions of these regulations have neither
the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including adult oriented materials. Similarly, it is not the intent
nor effect of these regulations to restrict or deny access by adults to adult oriented
materials protected by the First Amendment, or to deny access by the distributors and
exhibitors of adult oriented entertainment to their intended market.
(8) The location regulations of SECTION 8 of this ordinance are enacted
pursuant to the authority of Chapter 211 of the Local Government Code. All other
provisions of these regulations .are enacted pursuant to the City's police power and the
authority of Article XI, Section 5 of the Texas Constitution.
SECTION. 2. DEFINITIONS
Adult Arcade means any place to which the public is permitted or invited wherein
coin-operated or slug-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 anyone time, and
where the images so displayed are distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas;"
Adult Bookstore or Adult Video Store means:
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(A) A commercial establishment which as one of its principal business
purposes offers for sale or rental for any form of consideration anyone or more of the
following:
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(1) books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides, or
other visual representations' distinguished or characterized by an
emphasis on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas"; or
(2) instruments, devices, or paraphernalia which are designed for use in
connection with "specified sexual activities".
Adult Cabaret means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features:
(A) persons who appear in a state of nudity; or
(B) live performances which are distinguished or characterized by an
emphasis on "specified sexual activities" or the exposure of "specified
anatomical areas"; or
(C) films, motion pictures, video cassettes, slides, or other photographic
reproductions which are distinguished or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas."
Adult Motel means a hotel, motel, .or similar commercial establishment
(A) offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions which are
distinguished or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas"; and has a
sign visible from the public right-of-way which advertises the availability of this
adult type of photographic reproductions; or
(B) offers a sleeping room for rent for a period of time that is less that 10
hours; or
(C) allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than 10 hours.
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Adult Motion Picture Theater means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are distinguished or characterized by an
emphasis on maker depicting, describing or relating to "specified sexual activities" or
specified anatomical areas."
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Adult Theater means 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 distinguished or characterized by an emphasis on "specified
sexual activities" or the exposure of "specified anatomical areas."
Building Official means the Building Official of the City of La Porte or his designated
representative.
Church means a place used primarily for religious worship on a regular basis.
Day nursery or Kindergarten means a facility licensed by the state that provides, for
less than twenty-foLJr (24) hours a day, whether for profit or not, care, training,
education, custody, treatment or supervision for more than six (6) children that are not
related by blood, marriage, or adoption to the owner or operator of the facility.
Nude Model Studio means any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other persons who pay
money or any form of consideration.
Nudity or a State of Nudity means:
(A) the appearance of a human bare buttock, anus, male genitals, female
genitals, or female breasts; or
(B) a state of dress which fails to opaquely cover a human buttC?ck, anus,
male genitals, female genitals, or areola of the female breast.
Public Park or Playground means the real property and thereon owned, operated,
or maintained by a city, school or other public entity, which are designed or used for
recreational purposes and are available to the general public. The defined terms
include public swimming pools, golf courses, tennis courts, stadiums, field houses, and
similar uses and facilities.
Residential District means an R-1 (single-family), R-2 (two-family), R-3
(high-density multifamily) zoning district, or any area within a planned development
zoning district which is designated for residential use, as shown on the approved site
plan for the district.
Residential Use means a building used as a single-family, two-family, or
multi-family dwelling.
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School means a building where persons regularly assemble for the purpose of
instruction or education and includes playgrounds, stadia, and other structures or
grounds used in conjunction therewith. The term is limited to (1) public and private
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schools having a curriculum generally equivalent to elementary or secondary schools,
and (2) special educational facilities in which students who have physical or learning
disabilities receive specialized education in lieu of attending regular classes in a
kindergarten or grades one through twelve.
Semi-Nude means a state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as portions of the body ,
covered by supporting straps or devices.
Sexual Encounter Center means an establishment whose major business is the
furnishing of a location where customers either congregate, associate, or consort with
employees who engage in "specified sexual activities" with or in the presence of such
customers, or who display "specified anatomical areas" in the presence of such
customers, with the intent of providing sexual stimulation of sexual gratification to such
customers.
Adult Oriented Business means an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio or sexual encounter center.
Specified Anatomical Areas means human genitals in a state of sexual arousal.
Specified Sexual Activities means and includes any of the following:
(A) the fondling or other erotic touching of the human genitals, pubic region,
buttocks, anus, or female breasts;
(8) sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, or sodomy;
(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in connection with any of the activities set
forth in (A) through (C) above.
SeCTION. 3. CLASSIFICATIONS
Adult oriented businesses are classified as follows:
(A) adult arcades;
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(8) adult bookstores or adult video stores;
(C) adult cabarets;
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(0) adult motels;
(E) adult motion picture theaters;
(F) adult theaters;
(G) nude model studios; and
(H) sexual encounter centers.
SECTION. 4. INSPECTION.
A person operating, managing, or otherwise in control of an adult oriented
business commits an offense if the person refuses to permit City inspection service
employees, City representatives of the police department, fire department, health
department, or the building official, to inspect the premises of an adult oriented
business for the purpose of insuring compliance with the law at any time it is occupied
or open for business. The provisions of this section do not apply to areas of an adult
motel which are currently being rented by a customer for use as a permanent or
temporary habitation.
SECTION. 5. ADDITIONAL REGULATION FOR NUDE MODEL STUDIOS
(A) A nude model studio shall not employ any person under the age of 18
years.
(B) A person under the age of 18 years commits an offense if he or she
appears in a state of nudity in or on the premises of a nude model studio. It is a
defense to prosecution under this subsection if the person under 18 years was in
a rest room not open to public view or view of persons of the opposite sex.
(C) A person commits an offense if he or she appears in a state of nudity or
knowingly allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right-of-way.
(0) A nude model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises, except that a sofa may be placed in a reception room
open to the publi,c.
SECTION. 6.
ADDITIONAL REGULATIONS FOR ADULT THEATERS AND ADULT MOTION
PICTURE THEATERS '
(A) A person commits an offense if he or she knowingly allows a person
under the age of 18 years to appear in a state of nudity in or on the premises of
an adult theater or adult motion picture theater.
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(B) A person under the age of 18 years commits an offense if he or she
knowingly appears in a state of nudity in or on the premises of an adult theater
or adult motion picture theater.
(C) It is a defense to prosecution under this section if the person under 18
years was in a rest room not open to public view or view of persons of the
opposite sex.
SECTION. 7. ADDITIONAL REGULATIONS FOR ADULT MOTELS
(A) Evidence that a sleeping room in a hotel, motel, or similar commercial
establishment has been rented and vacated two or more times in a period of
time that is less than 10 hours creates a presumption that the establishment is
an adult motel.
(8) A person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does not comply
with the location requirements of SECTION B of this ordinance, he or she rents
or sub-rents a sleeping room to a person and, within 10 hours from the time the
room is rented, he or she rents or sub-rents the same sleeping room again.
(C) For purposes of Subsection (B) of this section, the terms "rent" or
"sub-rent" mean that act of permitting a room to be occupied for any form of
consideration.
SECTION. 8.
REGULATIONS PERTAINING TO EXHIBITION OF ADULT EXPLICIT FILMS OR
VIDEOS
(A) A person who operates or causes to be operated an adult oriented
business, other than an adult motel, which exhibits on the premises in a viewing room
of less than 150 square feet of floor space, a film, video cassette, or other reproduction
distinguished or characterized by an emphasis on matter depicting -"specified sexual
activities" or "specified anatomical areas," shall comply with the following requirements:
(1) The establishment shall provide for one or more manager's stations, none
of which shall exceed 32 square feet of floor area. The manager's stations shall
be designed to provide a monitoring location for the operators or employees of
the establishment during business hours and to exclude members of the general
public. The interior of the premises shall be configured so that there is an
unobstructed view from a manager's station of every area of the premises to
which any patron is permitted access for any purpose, excluding rest rooms.
Rest rooms may not contain video reproduction equipment. If the premises has
two or more manager's stations, then the interior of the premises shall be
configured in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose from at
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least one of the manager's stations. The view required in this subsection must
be by direct line of sight from the manager's station.
(2) It is the duty of the owners and operator of the premises to ensure that at
least one employee is on duty and situated in each manager's station at all times
that any patron is present inside any part of the premises.
(3) It shall be the duty of the owners and operator, and it shall also be the
duty of any agents and employees present in the premises, to ensure that the
view area specified in Subsection (1) remains unobstructed by any doors, walls,
merchandise, display racks or other materials at all times that any patron is
present in the premises and to ensure that no patron is permitted access to any
area of the establishment that does not have an unobstructed view from a
manager's station.
(4) The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place in which patrons are permitted
access at an illumination of not less than one (1.0) foot candle as measured at
the floor level.
(5) It shall be the duty of the owners and operator, and it shall also be the
duty of any agents and employees present in the premises, to ensure that the
illumination described above is maintained at all times that any patron is present
in the premises.
(B) A person having a duty as provided in Subsections (1) through (5) of
Subsection (A) above commits an offense if he or she knowingly fails to fulfill that duty.
SECTION. 9. ENFORCEMENT
(A) Any person violating SECTION B of this ordinance, upon conviction, is
punishable by a fine not to exceed Two Thousand Dollars ($2,000.00).
(8) Any person violating a provision of this Ordinance, other than SECTION 8
of this ordinance, upon conviction, is punishable by a fine not to exceed Five Hundred
Dollars ($500.00).
(e) It is a defense to prosecution under Section 6 or 7 that the person
appearing in a state of nudity did so in a modeling class operated:
(1) by a proprietary school licensed by the State of Texas;
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(2) by a college, junior college, or university supported entirely or partly by
taxation;
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(3) by a private college or university which maintains and operates
educational programs in which credits are transferable to a college, junior
college, or university supported entirely or partly by taxation; or
(4) in a structure:
(a) which has no sign visible from the exterior of the structure and no
other advertising that indicated a nude person is available for
viewing; and
(b) where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(c) where no more than one nude model is on the premises at anyone
time.
(D) It is a defense to prosecution under SECTION B of this ordinance that
each item of descriptive, printed, film, or video material offered for sale or rental, taken
as a whole, contains serious literary, artistic, political, or scientific value.
(E) Each day on which a violation occurs shall be a separate and distinct
violation.
SECTION. 10. AMENDMENTS
SECTION B of this ordinance may be amended only after compliance with the
procedure required to amend a zoning ordinance. Other sections of these regulations
may be amended by vote of the city council without compliance with the procedure
required to amend a zoning ordinance.
SECTION B. That Section 7-500, Table A-Industrial of the Zoning Ordinance of
the City of La Porte is amended by adding a new subpart to read as follows:
USES (SIC CODE #)
B-1
ZONE
L-I
H-I
Adult Oriented Business
*
*
peG)
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That Section 7-700, Special Use Performance Standards of the
Zoning Ordinance of the City of La Porte is amended by adding a new Subpart G to
read as follows:
G. Location of Adult Oriented Businesses
(A) A person commits an offense if he operates or causes to operate an adult
oriented business within 1,000 feet of any of the following, whether located within or
outside the corporate limits of the City of La Porte:
(1) a boundary of a residential district;
(2) the property line of a lot devoted to a residential use;
(3) a church;
(4) a school;
(5) a day care or kindergarten; or
(6) a public park or playground.
(B) For the purposes of Subsection (A), measurement shall be made in a
straight line, without regard to intervening structures or objects, from the nearest
portion of the building or structure used as a part of the premises where an adult
oriented business is conducted, to the nearest property line of the premises of a
church, school, day care or kindergarten, or to the nearest boundary of an
affected public park or playground, residential district, or lot devoted to a
residential use.
(C) A person commits an offense if he or she operates or establishes, or
causes or permits another to operate or establish an adult oriented business
which is located within 1,000 feet of another adult oriented business. The
distance between two adult oriented businesses shall be measured in a straight
line, without regard to intervening structures or objects, from the closest exterior
walls of the structures in which the businesses are located.
(D) A person commits an offense if he causes or permits the operation,
establishment, or maintenance of more than one adult oriented business in the
same building, structure, or portion thereof.
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SECTION D. The City Council officially finds, determines, recites and declares
that a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City
Council further ratifies, approves and confirms such written notice and the contents and
posting thereof.
SECTION E. This Ordinance shall be effective fourteen (14) days atter its
passage and approval. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper of the
City of La Porte at least twice within ten (10) days atter the passage of this ordinance.
PASSED AND APPROVED on this 23rd day of September, 1996.
CITY OF LA PORTE
L~~lP
N man L. Malone, ayor
ATTEST:
~L~
Sue LeneS: City Secretary
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PAGE 8 . THE BAYSHORE SUN . SUNDAY, AUGUST 11, 1996
'THE STATE OF TEXA~f.;;.:.:t; . .'., .
COUNTY OF HARRIS,;~;'r,~.,"\ ~\'i;'.~.;; ,.' ~
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In accordance willl thlfp~slOns of,
::.0Idnani:e 1501. the City of La Porte'ZonIng:
})rdlnance. notice is hereby gi~n. ~t the,
La Porte CIty Council will conduct-a public'
'h-m,ng at 6:00 p:m.' on~'the 26tffi;tay'.0~:
August, 1996. In the Cou,ncII.Chamb8rs of
the CIty Hall, 604 West FalrmOnt ParkWay.
: l:a ~! Texas. The purpose of this hearing,
Is to receive citizen comments regarding
. a - PrOpOSBd ~!:"~,ndme~~,.to _ tI;1e Clty's,
Zoning Ordinance relating to the locaIion
and. 'regulation' of Sexually.: Oriented
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will follow the .public hearing .for the'
purpose of &ctiNJ upon the,publlc hNrIng:
Item. and to' conduct. other "matterS'
:pertalning to the City COuncil; :, ~ .' . :
.~~' . CItIzens wishing to addreSs the CouncIl,
pro or con during the public hearing will be:
required to sign in before the meeting Is:'
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