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HomeMy WebLinkAboutOrdinance 9957~ ' • A a: ~ ~ a J" r~ f. < ~ ~1 T .-:.-y.r: iii~~~ ~ ~ f _ s :~ ~ yJ ORDINANCE N0. ~~ AN ORDINANCE AMENDING ORDINANCE N0. 3011, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE, CODIFIED A~S APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (19$6), AS AMENDED, BY REVISING SECTION 18A "SEXUALLY ORIENTED BUSINESSES"; BY REVISING CERTAIN DEFINITIONS THEREIN; BY INCREASING THE AMORTIZATION PERIOD FOR NONCONFORMING SEXUALLY ORIENTED BUSINESSES FROM SIX MONTHS TO ONE YEAR; BY REQUIRING REGISTRATION OF NONCONFORMING SEXUALLY ORIENTED BUSI- NESSES; BY PROVIDING FOR AN EXTENSION OF THE ONE YEAR AMORTIZATION PERIOD BY THE BOARD OF AD~~USTMENT UNDER CERTAIN CIRCUMSTANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY.; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IlN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 9, 1986, the City Council of the City of Fort Worth adopted Ordinance No. 9780, which ordinance regulates the location and operation of sexually oriented bu:~inesses within the City of Fort Worth; and WHEREAS, said ordinance was adopted for the purpose of regulat- ing sexually oriented businesses to promote tYie health, safety, morals and general welfare of the citizens of the City and to estab- lish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the City; and WHEREAS, in adopting said Ordinance No. 9780 the City Council found that sexually oriented businesses often result in reduced property values, increased law enforcement problems and the general deterioration of neighborhoods where they are located and that the concentration of sexually oriented businesses ins one area creates even greater negative impacts with respect to reduced property values, increased law enforcement problems and~nei.ghborhood deterio- ration; and , .~ ~ r~ .. . WHEREAS, the City Council also found that t:he regulations will not significantly affect any person's ability to engage in the busi- nesses regulated and will not significantly affect any person's ability to frequent any of the businesses regulated because within the City of Fort Worth there are sufficient business locations and/or buildings which are lawfully and reasonably available to accommodate any demand which exists for these businesses; and WHEREAS, the City Council of the City of Fort Worth now desires to amend Ordinance No. 9780 in certain respects in order to promote the findings previously made; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 18A "Sexually Oriented Businesses", of the Comprehensive Zoning Ordinance, be amended to read as follows: A. PURPOSE AND INTENT. It is the purpose of this section to regulate sexu- ally oriented businesses 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 continued concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limita- tion or restriction on the content of any communicative materials, including sexually oriented materials. Simi- larly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended maz•ket. -2- ._. .y i ~- ~ ~, f r' • S S 4 x M J B. DEFINITIONS. In this section: (1 ) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechani- cally controlled still or motion picture machines, projec- tors, 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 displayed are distin- guished or characterized by an empha~cis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." (2) ADULT BOOKSTORE OR ADULT ®IDEO STORE means a commercial establishment which as one of` its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomical areas"; or (b) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities" . (3) 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 the exposure of "specified anatomical areas" or by an emphasis on "specified sexual activities"; or (c) films, motion picture:, video cas- settes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on matters depicting or describing "specified sexual activities" or "specified anatomi-cal areas". -3- 7 + ` ~ ~ .f` .. . ) 5: (4) ADOLT MOTEL means a hotel, motel or simi- lar commercial establishment which: (a) offers accommodations to the public for any form of consideration; providedc 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 matters depicting or describing "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 than 10 hours; or (c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours. (5) ADIILT MOTION PICTORE THEATER means a com- mercial establishment where, for any form; of considera- tion, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are distinguished or characterized by an emphasis on matters. depicting or describing "specified sexual activities" or "specified anatomical areas". (6) ADOLT 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 the exposure of "specified anatomical areas" or by an emphasis on "specified sexual activities". (7) CHIEF OF POLICE means the chief of police of the City of Fort Worth or his designated agent. (8) NDDE MODEL STIIDIO 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. (9 ) NIIDITY or a STATE OF NODIZ'Y than completely and opaquely covered: means less / -4- H J ~ yj i` ~. ~_~ a) hair, b) c) immediately above d) ca £ Human genitals, pubic region or pubic Human buttock, Female breast or breasts below a point the top of the areola, or any combination of the foregoing. (10) PERSON means an individual, proprietor- ship, partnership, corporation, association, or other legal entity. (11) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult caba- ret, adult motel, adult motion picture theater, adult theater, or nude model studio. (12) SPECIFIED ANATOMICAL AREAS means human genitals in a state of sexual arousal. (13) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: (a) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts (b) 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. C. LOCATION OF SEXUALLY ORIENTED BUSINESSES. (1) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1 , 000 feet of (a) a church.; (b) a public or private elementary or secondary school; (c) residentially zoned property; or -5- ' S" '~ (d) a public park. (2) A person commits an offense if he operates or causes to be operated, a sexually oriented business within 1,000 feet of another sexually oriented business. (3) A person commits an offense if: he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. (4) For the purposes of Subparagraph (1) above, 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 a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park or residential zoning district. (5) For purposes of Subparagraph (2) above, the distance between any two sexually oriented businesses shall be measured in a straight line, wii~hout regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. (6) Any sexually oriented business lawfully operat- ing prior to the effective date of this ordinance, that is in violation of Subparagraph (1), (2), or (3) of this paragraph shall be deemed a nonconforming use. The nonconforming use will be permitted to continue until December 14, 1987, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming. (7) A sexually oriented business la~~fully operating as a conforming use after the effective date of this ordi- -6- s - m nance is not rendered a nonconforming use b:y the location, subsequent to the operation of the sexually oriented busi- ness, of a church, public or private elementary or second- ary school, public park or residential zoning district within 1,000 feet of the sexually oriented ;business. (8) Notwithstanding anything contained herein to the contrary, the Board of Adjustment may extend the amortiza- tion period hereinabove provided to a reasonable period of time for any nonconforming sexually oriented business upon a showing by a particular business that without an exten- sion it will be unable to recoup its investment in the nonconforming structure. Any nonconforming sexually oriented business which desires an extension must register with the -Board of Adjustment as a nonconforming use. no later than October 15, 1987 and must file an application for an extension of the amortization period no later than November 5, 1987. D. ADDITIONAL REGULATIONS FOR ADULT MOTELS. (1) Evidence that a or similar commercial es vacated two or more times than 10 hours creates a establishment is an adult this section. sleeping room in a hotel, motel, tablishment has been rented and in a period of time that is less rebuttable presumption that the motel as that term is defined in (2) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again. (3) For purposes of Subparagraph (2) of this para- -~ graph, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consid- ~ eration. ~ E. ENFORCEMENT. ~ (\1) Except as provided by subparagraph (3) below, `any person violating Paragraph C, upon conviction, shall be punished by a fine not to exceed One Thousand Dollars (~$1,000~.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. -7- i `- i F ~. ~~ ~ ~ • (2) Except as provided by subparagraph (3) below, any person violating any provision of this ordinance other than Paragraph C shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist sha:11 constitute a separate offense. (3) If the sexually oriented busines:c involved is a nude model studio, then a violation of this ordinance shall be punishable as a Class B misdemeanor. (4) It is a defense to prosecution under Paragraph C that a person appearing in a state of nudity did so in a modeling class operated: (a) by a proprietary school l icensed by the state of Texas ; a college, j unior college,, or university supported entirely or partly by taxation; (b) by a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or (c) in a structure: (i) which has no sign vi:~ible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and (ii) where in order to participate in a class a student must enroll at least three days in advance of the class; and (iii) where no more than ones nude model is on the premises at any one time. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1 964) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. -8- ~, ~ 4 ±r a .. -. ~; .. r °y~ ~ ,. ~. :v .. % ,~ SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since. the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 9780 or any other ordinances affecting sexually oriented businesses which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlE~t form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all =9- _. .,. ., : .. i ..r '~' ~ courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 7 and 8 of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth., Texas, is hereby directed to publish the caption and Sections 1, 7 and 8 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 117Eib-1, Revised Civil Statutes of Texas. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. A PROVED AS TO FO A LEGALITY: City Attorney Date : ~ . ~ ~ ~ ADOPTED : y ~-/~~d~ EFFECTIVE: ~' ~~~~ ord4 -10-