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HomeMy WebLinkAboutO-1996-1501-U e . 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 1 . . (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. 2 e e 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: ,J' (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: 3 e . (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. l' 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." 4 e e 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. /' 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 5 e e 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; I' (8) adult bookstores or adult video stores; (C) adult cabarets; 6 e e (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. 7 e' e (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 8 e e 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; ." (2) by a college, junior college, or university supported entirely or partly by taxation; 9 e e (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) 10 e e 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. 11 . . 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 12 tl: .~ u.................._......._..................................................................n.......................................................................... PAGE 8 . THE BAYSHORE SUN . SUNDAY, AUGUST 11, 1996 'THE STATE OF TEXA~f.;;.:.:t; . .'., . COUNTY OF HARRIS,;~;'r,~.,"\ ~\'i;'.~.;; ,.' ~ 'CITY.Qf LA pp~.1.:l:"l1':.~::.;;i;! .~:.:- ~.~.: .~:; .'..1 -~',: ~:::~~;~~~~~'4J~~"~;.; .~: ~~~ P: ,:~ -, . 'NOTICE.OF PUBLIC HEARI~G" ",: ~':.~ ~ ...,..~,.::~~;~~~~_~.:;:~i~~li~ : '~:: 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 BUsinesses within the cOrporate limits of the CIty. ::~ ~:..~ ~ ;:::: ::. ,.~ .~. ;. t,' i '( : i.~ ~ ~~ ~-'"~~~ : . ~;1'-~' !- 'reg~lar, me~ti~.of iIle pity, CoUncl!,: 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:' i::onV8ned;'~ ..., ....,... .... .', , .'.' .....,. . .::.l , I .~... .. . ciTY OF LA PORTE:' ,. ". Sue LeneS:' , .~. Secretary:: .'. . ~.."Io";'::"~,,.I~';'V::--~~';; '":'.\:1'-;tC~... (v~,.. ;.~:. (~:~,,"~'._'n":i-'l.t....1...T'].":i:"."'~~ ...,.=r .-- .~ .....,: t ,..;; .. i" ...., '..;': 1'. ':J. .' .. . . . .. i. .' . ~:'~~~y:!;S~ .. 'ER:29;'1996'.,THE.BAYSHORE' SUN':;'PAGF. '7 '...........~.")".II,....,';..:_~.:!...'"lo,......~ .... :,..~.....I '.~ ." ....t~'\ ,"," ..' '. -_.. . ,!l?trB~i~~i);m~,e:w.~:~~':-::, 'iliffii! '1~'1 ~ If.).III' ~~... ,h:;.~;a~ ..r~,i"'i ~/ . "I-'~ . ,I. ,t . r .. .....~o'&::. 't.:~ . ~ to I' ,....,\ .,..... ....,..~....~:\~~~"H&t~.i;.,.~.". ~ eE fil0'~1.501i1..~l:I~'l'" ~ - .t"'''~' "1 ". . 1')1. ,;., ~,"'~,'l;', :~'lo;,.. ' " f.F~.....""~.t.~},"'~i"" _ " ~EtG..ij}'(~PPttJNCIL~ ~[f.~q~1Eil,'T!=XJ\~; ~~'.150,1;.:rI:lE. :i-ie;cirv..eF'i .,NEWffPAFrr"1 ,~RE~:tI~tY'.;.. I,~&E:D~ I BUS'I&eSSE .IST.BiC;1i~ ~ .,.. .!;..~':'\ .. N. "....,. t...' ~ .' . i~E~I{J;:AT:!,q. . _ 9~~F;Ap,ULT~ 'OF.UEN:rED,~ ESSES;;IN'~N~~H.,1.,: ~~$~I~~~6iS1:Rfe:f;~@QV1Djtr.G;F,~R~r;A; ]IENALTY I~THE~IMUM~9q~'OF:. $2~obo:00.,.,' FOR " VIOL;ll.TIONS~:.,.OF -LOCATION REOl,JiREMENTS; PROVIDING f.OR: A PENALTY IN THE' MAXIMUM~ AMOUNT OF $500.00 FOR ALL OTHER VIOL.ATIONS; 'PROVIDING, A' SEVERABILITY CLAUSE;. FINDING COMPLIANCE, WITH THE OPEN MEETINGS lAW; AND' PROVI,DING AN EFf~C~IYE D~~E ~E~~O.E \ " :.-' . . . :. I J- "":-1." ; .. ..'. '"..; ," ;... . ,.., . '.~ . i. . CrrY'OF.;iA PORTE>,,' :.- ';." ' .~r~~~~}'y:;::. . AP,' P.I,ROi,l!~ED,::~~<~',~i~i; i'~ I~ .';-i' ~,i: '1:' t .:; . .- .. ..' 1"''' 1..'- ......." ..'.I'.'''''' .".N":'~".: .". sIJohnID;\Armstrong~ . 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