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HomeMy WebLinkAboutOrdinance 9780t ~} _ r. ~ ~ ORDINANCE N0. -~ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH (APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH) , BY ADDING A NEW SECT ION 18A "SEXUALLY ORIENTED BUSINESSES";•PRO~IDING FOR DEFINITIONS; REGULAT- ING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES; PROVID- ING THAT NO SEXUALLY ORIENTED BUSINESS MAY LOCATE WITHIN 1000 FEET OF A CHURCH, SCHOOL, PARK, RESIDENTIAL LOT OR ANOTHER SEXUALLY ORIENTED BUSINESS; PROVIDING FOR ADDI- TIONAL REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;a.~PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR _ ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; .AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECT ION 1 . That Section 10, "F" Commercial District, of the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended by revising Item 5 of Subsection A, "Use Regulations", to read as follows: "5. Sexually Oriented Businesses (as defined in Section 18A)" SECT ION 2 . That the Comprehensive Zoning Ordinance (Appendix "A" of the Code of the City of Fort Worth) is hereby amended by adding a new Section 18A, "Sexually Oriented Businesses", which section shall read as follows: "SECTION 18A. SEXUALLY ORIENTED BUSINESSES A. PURPOSE AND INTENT. It is the purpose of this section to regulate sexu- ally oriented businesses to promote the health, safety, ~~ +r 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 market. B. DEFINI'PIONS. 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 the depicting or describing of "specified sexual activities" or "specified anatomical areas." (2 ) ADULT BOORSTORE OR ADOLT VIDEO 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 depict or describe "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: nudity; or (a) persons who appear in a state of -2- (b) live performances which are character- ized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or (c) settes, slides, or are characterized "specified sexual areas". films, motion pictures, video cas- other photographic reproductions which by the depiction or description of activities" or "specified anatomical (4) ADOLT MOTEL means a hotel, motel or simi- lar commercial establishment which: (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 characterized by the depiction or description of "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) ADULT MOTION PICTURE 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 characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas". (6) 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 characterized by the exposure of "specified anatomical areas" or by "specified sexual activities". -3- (7) CHIEF OF POLICE means the chief of police of the City of Fort Worth or his designated agent. (8 ) NUDE MODEL STODIO 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 ) NUDITY or a STATE OF NUDITY means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast. (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 -4- (a) a church; (b) a public or private elementary or secondary school; (c) residentially zoned property; (d) a public park; or (e) a lot devoted to residential use. (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 reg and 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, residential district, or residential lot. (5) For purposes of Subparagraph (2) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without 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), (2j, or (3) of this paragraph shall be deemed a nonconforming use. The noncon- forming use will be permitted to continue for a period not to exceed six (6) months, 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 -5- 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 lawfully operating as a conforming use after the effective date of this ordi- nance is not rendered a nonconforming use by the location, subsequent to the operation of the sexually oriented business, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. D. ADDITIONAL REGULATIONS FOR ADULT MOTELS. (1) Evidence that a or similar commercial e~ 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 paragraph, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. 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. (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 -6- i i ~ ~ > that a violation is permitted to exist shall constitute a separate offense. (3) If the sexually oriented business 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 licensed by the state of Texas; a college, junior 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 visible 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 one nude model is on the premises at any one time. SECT ION 3 . This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas ( 1964) , as amended, except where the provisions of this ordinance are in direct -7- / , , \ ~ P conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4 . 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 5. Section 23-10 of the Code of the City of Fort Worth is hereby repealed. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Section 23-10 of the Code of the City of Fort Worth 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 crimi- -8- ~.~ _ 1, • r nal, 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. f ~ a ~ SECTION 7 . The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all 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 8 . 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, 2, 9 and 10 of this ordinance in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, Paragraph E, and Sections 1, 2, 9 and 10 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. -9- ' 6 ~ t - y s 1 . ~ Y z • ~. ~ f _ i SECT ION 10 . 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. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : I ~ ~ " g ADOPTED : ~~(~ ~/ ~, EFFECTIVE: ord3 -10-