HomeMy WebLinkAboutOrdinance 16118ORDINANCE NO. ~ ~ ~ y
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE
NO. 13896, AS AMENDED, CODIFIED AS APPENDIX A OF THE CODE
OF THE CITY OF FORT WORTH (1986), BY AMENDING ARTICLE 2,
`SEXUALLY ORIENTED BUSINESSES" OF CHAPTER 5,
`SUPPLEMENTAL USE STANDARDS TO CONSOLIDATE THE
REGULATIONS IN SECTION 23-18, `SEXUALLY ORIENTED BUSINESS
OFFENSES" OF CHAPTER 23, `OFFENSES AND MISCELLANEOUS
PROVISIONS" OF THE CITY CODE AND TO ADD REGULATIONS
RELATED TO DISTANCE BETWEEN SEXUALLY ORIENTED
BUSINESSES ON CERTAIN HIGHWAYS, SIGNAGE, BUILDING
COLOR, BACKGROUND CHECKS FOR EMPLOYEES, NO TOUCH
REGULATIONS BETWEEN PATRONS AND DANCERS, HOURS OF
OPERATION AND AGE RESTRICTIONS WHERE ALCOHOL IS
CONSUMPTION OR SOLD• AMENDING CHAPTER 9 `DEFINITIONS"
TO ADD DEFINITIONS RELATED TO SEXUALLY ORIENTED
BUSINESSES, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING
A PENALTY CLAUSE, PROVIDING A SAVINGS CLAUSE, PROVIDING
FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of Fort Worth finds that it has a governmental interest m
protecting the general welfare, health, safety and order of the citizens of Fort Worth, and
WHEREAS, the City Council finds that prostitution, promotion of prostitution, indecent
exposure, lewd conduct, illegal drug possession, and illegal drug dealing occur with greater
frequency at or near places where a state of nudity semi-nudity or specified acts occur or exist;
and
WHEREAS, the City Council finds that property values for both residential and
commercial properties tend to depreciate m areas m close proximity to Sexually Oriented
Businesses. and
WHEREAS, the City Council finds that Sexually Oriented Businesses provide enhanced
opportumties for employee participation m various forms of criminal activities, including
prostitution, lewd conduct, indecent exposure, obscenity law violations, and related cremes that
are associated with sexual conduct or sexually oriented materials, and
WHEREAS, the City has a substantial public concern that its residents be protected from
criminal activity and be protected from casual sexual activity that facilities the spread of sexually
transmitted diseases; and
WHEREAS the City Council finds that persons who are employed in Sexually Oriented
Businesses should be subject to verification that they have not been convicted of certain crimes
relating to the foregoing issues, and
WHEREAS, the Crty Council desires to adopt new regulations to the Zoning Ordinance
that establishes permit requirements and rules of conduct to better protect the health, safety and
welfare of the public, and
WHEREAS, the Crty Council finds that areas that currently are, or within the last ten
years were, designated as neighborhood empowerment zones, tax increment finance districts and
public improvement districts are deserving of protection of the Zoning Ordinance equivalent to
other listed protected uses, such as schools, public parks and tourist areas,
WHEREAS, the Crty Council finds that the distance of 1 000 feet from other Sexually
Oriented Businesses located on I 30 and I 35 does not provide enough distance to create a buffer
between the businesses along the gateways into the City for visitors and citizens of Fort Worth
traveling at the speed limit on these highways, and
WHEREAS, the City Council finds that increasing the distance between Sexually
Oriented Businesses located on I 30 and I 35 will eliminate the `clustering effect for these
drivers entering the City and
WHEREAS, the Crty Council finds that the Texas Alcoholic Beverage Commission does
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not license or regulate all nude establishments and therefore, unlike licensed establishments,
employees do not receive training from the TABC,
WHEREAS, under the current ordinance, patrons of all nude establishments are allowed
to bung and consume their own alcohol creating the opportunity for persons under the age of 2 i
to consume large quantities of alcohol m an unregulated environment, making. them particularly
susceptible to the adverse affects of sexually oriented businesses,
WHEREAS, the City Council finds that additional regulations regarding signs located at
Sexually Oriented Businesses should be added related to configuration, size and color the color
of the building, the age of admission for patrons when alcohol is sold, hours of operation, and
conduct of the entertainment are necessary to reduce the secondary effects of Sexually Oriented
Businesses upon the community and further protect the health, safety and welfare of the public,
WHEREAS, based on evidence concerning the adverse secondary effects of Sexually
Oriented Businesses on the community presented m public hearings to the Zoning Commission
and the City Council and made available to the both the Commission and the Council, and on
findings incorporated in the cases of City of Renton v Playtime Theaters, Inc. 475 U.S 41
(1986)• Young v American Mini Theatres 427 U.S 50 (1976), FW/PBS, Inc. v City of Dallas
493 U.S 215 (1990), Barnes v Glen Theatres, Inc., 501 U S 560 (1991) City of Erie v Pap s
A.M., 529 U S 277 120 S Ct. 1382 (2000), City of Los Angeles v Alameda Books, Inc., 122 S
Ct. 1728 (2002)• Baby Dolls Topless Saloons, Inc. v City of Dallas, 295 F 3d 471 (5th Cir 2002);
LLEH, Inc. v Wichita County Texas, 289 F.3d 358 (5th Cir 2002), Mitchell v Commission on
Adult Entertainment, 10 F.3d 123 (3rd Cir 1993), Schultz v City of Cumberland, 228 F.3d 831
(7th Cir 2000) Hang On, Inc. v City of Arlington, 65 Fad 1248 (5th Cir 1995), N W
Enterprises, Inc. v City of Houston, 352 F.3d 162 (5th Cir 2003) 2300, Inc. v City of Arlington,
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888 S W 123 (Tex. App- Fort Worth, 1994) Colacurcio v City of Kent, 163 F.3d 545 (9th Cir
1998), cert dewed, 529 U.S 1053 (2000); Kev Inc. v Kitsap County 793 F.2d 1053 (9th Cir
1986), Center for Fair Public Policy v Maricopa County 336 F.3d 1153 (9th Cir 2003), DLS,
Inc. v Chattanooga, 107 F.3d 403 (6th Cir 1997); Jake s Ltd., Inc. v Coates 384 F.3d 884 (8th
Cir 2002)• DFW Vending, Inc. v Jefferson County 991 F.Supp 578 (E.D Tex 1998) and on
studies, report and/or testimony m other communities mcludmg, but not limited to, Rochester
New York, Austin, Texas, Denver Colorado Minneapolis, Minnesota, Newport News, Virginia,
Kansas City Missouri, Dallas, Texas, Phoenix and Tucson, Arizona, Garden Grove, Los
Angeles, and Whittier California, Adams County Colorado Environmental Research Group to
the American Center for Law & Justice, March 31 1996 Manatee County Florida, Indianapolis,
Indiana, Saint Paul, Minnesota, Las Vegas, Nevada, Elhcottville, Islip, New York City New
York Times Square, and Syracuse, New York; New Hanover North Carolina, Cleveland, Ohio
Oklahoma City Oklahoma, Amarillo, Beaumont, Cleburne, El Paso, Fort Worth, and Houston
(1983 and 1997) Texas, Bellevue, Des Moines, and Seattle, Washington, Saint Croix County
Wisconsin, the City Council finds.
1 Sexually Oriented Businesses lend themselves to ancillary unlawful and
unhealthy activities that are presently uncontrolled by the operators of the
establishments. Further absent municipal regulation aimed at reducing
adverse effects there is not mechanism to make the owners of these
establishments responsible for the activities that occur on their premises.
2. Certain employees of Sexually Oriented Businesses, defined in this
ordinance as adult arcades, adult bookstores or adult video stores, adult
cabarets, adult motels, adult motion picture theaters, escort agencies, adult
model studios, and sexual encounter centers, engage in higher incidence of
certain types of illicit sexual behavior than employees of other
establishments.
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3 Sexual acts, including masturbation, prostitution, sexual contact, and oral
and anal sex, occur a Sexually Oriented Businesses, especially those which
provide private or semi-private booths or cubicles, or rooms for viewing
films, videos, or live sex shows.
4 Offering and providing private or semi-private areas m Sexually Oriented
Businesses encourages such sexual activities, which creates unhealthy
conditions.
5 Persons frequent certain Sexually Oriented Theaters, Sexually Oriented
Arcades, and other Sexually Oriented Businesses for the purpose of
engaging m sex within the premises of the Sexually Oriented Businesses.
6 The managers or owners of Sexually Oriented Businesses fail to monitor or
are unable to monitor the patron of said places and allow these patrons to
engage m specified sexual activity while on the premises of said places.
7 Sexually Oriented Businesses offering a public place where a state of
nudity semi-nudity or specified sexual acts occur or exist pose public
health risks by engaging m unsanitary disposition of bodily secretion there
by posing a threat of spreading infection or disease.
8 At least fifty communicable diseases may be spread by activities occurnng
m Sexually Oriented Businesses, including, but not limited to, syphilis,
gonorrhea, human immunodeficiency virus infection (HIV AIDS), genital
herpes, hepatitis B Non A, Non B amebiasis, salmonella infections and
shigella infections.
9 Since 1981 and to the present, there has been a increasing cumulative
number of reported cases if AIDS caused by HIV in the United States. 600
in 1982, 2,200 in 1983 4,600 m 1984 8,500 in 1985 and 253 448 through
December 1992 At the end of December 2002, the U.S Center for
Disease Control and Prevention (CDC) estimates that 384 906 persons
were living with AIDS m America, including an estimated 3,893 children:
It is estimated that AIDS diagnoses has increased by 2% during 2002.
10 Of the 82,764 adult and adolescent women with AIDS, 61 % were exposed
through heterosexual contact
5
11 Dunng 2002, 35 147 new diagnoses of HN infection (not AIDS) were
reported from 39 areas m the United States. Of the HN reports received m
2002, 67% were among adult men, 31 % were among adult women, and 1
among children under 13 years of age.
12. Since the early 1980 s and the present, there has been an increasing
cumulative number of persons testing positive for the HN antibody test m
Tarrant County Texas and across the State of Texas.
13 The number of cases of early syphilis in the United States reported
annually has risen, with 33 613 cases reported m 1982, and 45,200 through
November 1990 Dunng 2001 2002, the rate of syphilis increased 9 1
(from 2.2 cases per 100 000 population m 2001 to 2 4 cases in 2002) In
2002, a total of 6,862 cases of primary and & secondary syphilis were
reported, an increase of 12.4% over the 6,103 cases reported in 2001 and
the rate of primary and & secondary syphilis was 3.5 times higher among
men than among women (3 8 versus 1 1 cases per 100,000 population)
According to Texas Department of Health records there were 1 175 cases
of early syphilis reported m the State of Texas during 2000 and additional
972 cases reported m 2001 In 2002, 106 cases of primary and secondary
syphilis were reported m Fort Worth and 191cases m Dallas.
14 The number of cases of gonorrhea m the United States reported annually
remains at a high level, with over on-half million cases being reported in
1990 Again, according to the Texas Department of Health records there
were 32, 895 cases of gonorrhea reported m the State of Texas during 2000
and an additional 30 116 cases reported m 2001 Dunng the same time
period there were also 138 692 cases of chlamydia reported in the State of
Texas.
15 The Surgeon General of the United States has advised that American public
that AIDS and HN infection may be transmitted through sexual contact,
intravenous drug abuse, exposure to infected blood and blood components
and from and infected mother to her newborn (1986 report)
16. According to scientific evidence, AIDS and HIV infection, as well as
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syphilis and gonorrhea, are principally transmitted by sexual acts.
17 Sanitary conditions m some Sexually Oriented Businesses are unhealthy m
part, because the activities conducted therein are unhealthy and in part,
because of the unregulated nature of the activities and the failure of the
owners and the operators of the facilities to self-regulate those activities
and maintain those facilities.
18 Numerous studies and reports have determines that semen is found m the
areas of Sexually Oriented Businesses where persons view `sexually
oriented" films.
19 Sexually Oriented Businesses have operational characteristics, which
should be reasonable regulated m order to protect substantial governmental
concerns.
20 A reasonable licensing procedure is an appropriate mechanism to place the
burden on the owners and the operators of the Sexually Oriented
Businesses. Further such a licensing procedure will place an incentive on
the operators to see that the Sexually Oriented Businesses is run in a
manner consistent with the health, safety and welfare of its patrons and
~ employees, as well as the citizens of Fort Worth, it is appropriate to require
reasonable assurances that the license is the actual operator of the Sexually
Oriented Businesses, fully m possession and control of the premises and
activities occurnng therein.
21 Requiring the operators of Sexually Oriented Businesses to keep
information regarding employees as well as perform criminal background
checks on all prospective employees will help reduce the incidence of
certain types of criminal behavior by facilitating the identification of
potential employees with past pertinent criminal behavior and by
preventing minors from working in such establishments.
22. The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the Sexually
Oriented Businesses, where such information is substantially related to the
significant governmental interest m the operation of such uses will aid in
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preventing the spread of sexually transmitted diseases.
23 In the prevention of the spread of commumcable diseases, it is desirable to
obtain a hmrted amount of information regarding certain employees who
may engage in the conduct that this ordinance is designed to prevent, or
who are likely to be witnesses to such conduct.
24 The fact that an applicant Specialized Certificate of Occupancy for a
Sexually Oriented Businesses has been convicted of a sexually related
creme leads to the rational assumption that the applicant may engage m that
conduct in contravention of this Ordinance. There is a correlation between
Sexually Oriented Businesses, specifically their hours of operation and the
type of people, which such businesses attract, and higher creme rates. [See;
Baby Dolls Topless Saloons, Inc. v City of Dallas 295 F.3d 471 (5~" Cir
2002)]
25 The barnng of such individuals the management of Sexually Oriented
Businesses serves as a deterrent to, and prevents conduct, which leads to,
the transmission of sexually transmitted diseases.
26 There is no Constitutional right for Sexually Oriented Businesses
employees in a state of nudity to touch customers. [Hang On, Inc. v City of
Arlington, 65 Fad 1248 (St" Cir 1995)]
27 A court has characterized the acts of Sexually Oriented Businesses
employees m a state of nudity and being paid to touch or be touched by
customers as prostitution. [People v Hill, 2002 Ill., App LEXIS 792 (Ill
App 2 Dist., Sep 4 2002), See also, Texas Penal Code Sections 43 O1
("sexual conduct" and `sexual contact") and 43 02 ("prostitution ').
28 The revision to the current ordinance provides `no touch provisions that
will reduce the provocative touching between customers and employees in
a Sexually Oriented Businesses where at least one is in a state of nudity
which frequently leads to the commission of sex crimes, illegal drug use,
and the increased health risks due to sexually transmitted diseases.
WHEREAS, The Crty Council does not intend to close Sexually Oriented Businesses
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that are engaged m conve}nng erotic messages though dance; and
WHEREAS, the City Council does not intend to prohibit any speech activities protected
by the First Amendment of the United States Constitution, but it does intend to enact a content
neutral ordinance to address the adverse secondary effects resulting from nudity semi-nudity
and specified sexual acts at a public place; and
WHEREAS, it is not the purpose or intent of this ordinance to restrict or deny lawful
access by adults to sexually oriented materials or to deny access by the distributors and
exhibitors of sexually oriented materials to their intended market; and
WHEREAS, rt is the purpose and intent of this Article to regulate sexually oriented
business establishments so as to protect and promote the health, safety and general welfare of
the citizens of the City and visitors thereto, and to establish reasonable and uniform regulations
to prevent the concentration of sexually oriented businesses within the City and.
WHEREAS, by adopting this ordinance, rt is the intent of the Crty Council to balance the
right of the citizens of the City to maintain a decent moral society and, on the other hand, the
right of individuals to express themselves freely m accordance with the guidelines of the
Constitution of the United States and United States Supreme Court rulings pursuant thereto and
WHEREAS, the City Council also intends to deter property uses and activities
conducted thereon which, directly or indirectly cause or would cause adverse effects on the
stability of the immediate neighborhood surrounding the sexually oriented business, and
WHEREAS, it is reasonably believed by the City Council that the general welfare,
health and safety of the citizens of Fort Worth will be promoted by the enactment of this
ordinance.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
Chapter 5 Article 2 of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, `Sexually Oriented Businesses" is amended to incorporate the provisions of Section 23-
18, `Sexually Oriented Business Offenses" of _Chapter 23 `Offenses and Miscellaneous
Provisions" of the Crty Code and to add regulations related to distance, signage, building color
distance between patrons and dancers, hours of operation, licensing of employees and
consumption of alcohol where all nude entertainment is provided to read as follows
5.200 Regulations Affecting All Sexually Oriented Businesses
A. Purpose and Intent
The following are provided as guidelines for the construction, interpretation and
enforcement of this Article•
1 It is the purpose and intent of this Article to regulate sexually oriented
business establishments so as to protect and promote the health, safety and
general welfare of the citizens of the City and visitors thereto, and to establish
reasonable and uniform regulations to prevent the concentration of sexually
oriented businesses within the City
2. This Article intends a balance of the right of the citizens of the City to
maintain a decent moral society and, on the other hand, the right of individuals to
express themselves freely in accordance with the guidelines of the Constitution of
the United States and United States Supreme Court rulings pursuant thereto
3 This Article is also intended to deter property uses and activities, which
directly or indirectly cause or would cause adverse secondary effects, including
the deprecation of property values, on the stability of the immediate neighborhood
surrounding the sexually oriented business.
4 This Article has neither the purpose nor effect of imposing a hmrtation or
restriction on the content of any communicative materials, including sexually
oriented materials.
5 Similarly rt is not the purpose or intent of this Article to restrict or deny
lawful access by adults to sexually oriented materials or to deny access by the
distributors and exhibitors of sexually oriented materials to their intended market.
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6 Similarly it is not the purpose or intent of this Article to impose judgment
on the content or meets of any Constitutionally protected form of speech or
expression.
7 It is the purpose of this Article to generally charge operators of sexually
oriented businesses to comply with a policy of `keep it indoors and under control"
and to hold all operators first line answerability directly or indirectly for all uses
of the premises and activities conducted thereon.
5.201 Classifications
Sexually Oriented Businesses are classified as follows.
1) Adult arcades;
2) Adult bookstores or adult video stores,
3) Adult cabarets,
4) Adult motels,
5) Adult motion picture theaters,
6) Escort agencies,
7) Adult model studios, and
8) Sexual encounter centers.
5.202 Prohibited Locations of Any Type of Sexually Oriented Business
A. A person, including an operator of a sexually oriented business, commits an
offense if he/she operates or permits the operation, or establishment of a sexually
oriented business in a zoning district that does not expressly permit that type of use
in said zoning district.
B In addition to being located m the proper zoning district, a person,
including an operator commits an offense if he/she causes or permits the operation
or establishment of a sexually oriented business m or within 1 000 feet of an
existing:
a. Religious institution,
b School,
c. Public Park;
d. A residential district;
e. The Downtown Tourism Area (generally illustrated in Appendix B, Exhibit
B.3),
f. The Cultural District (generally illustrated in Appendix B, Exhibit B 7)
g. The Fort Worth Stockyards. National Register Historic District (generally
illustrated m Appendix B, Exhibit B.5),
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h. Other sexually oriented busmess within the city limits not located on I 30
or I 35 or
i. Areas that currently are, or within the last ten years were, designated as
neighborhood empowerment zones, tax increment finance districts and
public improvement districts.
C In addition to being located m the proper zoning district, a person,
including an operator commits an offense if he/she causes or permits the operation
or establishment of a sexually oriented busmess m or within 1,500 feet of an
existing sexually oriented busmess located within the city limits on I 30 or I 35
D For the purpose of Paragraphs B and C above, measurement of the distance
shall be made in a straight line, without regard to intervening structures or objects,
from the nearest portion of the property line of an existing religious institution,
school or sexually oriented busmess, or from the boundary tine of a public park,
residentaai district, designated historicaUcultural distract, or areas currently or
within the last ten years were designated as neighborhood empowerment zones, tax
increment finance districts and public improvement districts to the nearest property
line of the property sought to be used as a sexually oriented business. If the
establishment is located within a structure with multiple spaces available for
occupancy the measurement will be from the closest wall of the tenant space
occupied by the Sexually Oriented Business.
E. Also for the purposes of Paragraph B above, measurement of the 1 000 foot
distance shall also include religious institutions, schools, public parks, residential
districts, or other sexually oriented businesses, which are located m an adjacent
city township or rural land area and which are within the 1 000 foot distance of the
nearest property line of the property sought to be used as a sexually oriented
business within the City of Fort Worth.
F A certified survey prepared by a licensed surveyor or licensed engineer
showing distance measurements in accordance with this section shall be submitted
to the Development Director as part of the application for the Specialized
Certificate of Occupancy Any Specialized Certificate of Occupancy issued for a
building or facility used to conduct a sexually oriented business without
submission of the required survey shall be null and void.
G A person commits an offense if he/she causes or permits the establishment
or operation of more than one sexually oriented busmess on the same property in
the same building or structure, or any portion thereof.
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H. Asexually oriented business lawfully operating as a conforming use after
December 21 1993 is not rendered a nonconforming use by the subsequent
location of a religious institution, school, public park, residential district, or
designated historicaUcultural district within 1 000 feet of the sexually oriented
business.
I. Asexually oriented business lawfully operating as a conforming use prior
to September 27 2004 is not rendered a nonconforming use by the change m
zoning districts that expressly permits sexually oriented business m said zoning
district or by the increase m distance to 1,500 feet on I 35 or I 30 Such businesses
shall be allowed to remodel and repair their current operations so long as the size
of the building is not expanded and the remodel and repair occurs within the same
footprint of the building at the time of adoption of this ordinance. All repairs and
remodeling must be m compliance with the current city codes.
5.203 Specialized Certificate of Occupancy
A. Specialized Certificate of Occupancy Required.
1 A person commits an offense if he/she establishes, operates or
continues to operate a sexually oriented business without a valid
Specialized Certificate of Occupancy expressly allowing the particular type
of business issued by the City of Fort Worth for the particular type of
business and activity to be conducted on the premises.
2. The fact that a person possesses other types of state or city permits
does not exempt him/her from the requirement of obtaining and thereafter
maintaining a valid Specialized Certificate of Occupancy A person who
operates a sexually oriented business and possesses other state or city
permits shall comply with the requirements and provisions of this Article as
well as the requirements and provisions of the other applicable permits.
3 A person shall not cause the establishment, operation or
continuation of a sexually oriented business establishment under any other
form of Certificate of Occupancy such as a `lounge `nightclub `bar"
`tanning salon etc., that does not also expressly provide for the sexually
oriented business and activity also conducted on the premises.
B Application for Specialized Certificate of Occupancy
1 Any person, association, firm, partnership or corporation or other
entity desiring to obtain a Specialized Certificate of Occupancy for a
sexually oriented business shall make application on a form(s) provided by
the City's Development Department. The applicant shall also furnish any
and all necessary supporting documents as required by the application.
2. Only a person who is an officer of or who has at least a twenty (20)
percent ownership interest in a sexually oriented business may apply for a
Specialized Certificate of Occupancy for the business. Each applicant must
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be qualified according to the provisions of this section and shall be
considered an operator if a Specialized Certificate of Occupancy is granted.
3 If an applicant is an individual, he/she must sign the application
form as `applicant.
4 If the applicant is other than an individual, each person or entity
who is an officer of the business or has a twenty (20) percent or greater
investment or ownership interest m the business entity must sign the
application as an applicant" An application on behalf of a corporation or
partnership must provide sufficient documentation with the application to
identify all corporate shareholders and directors or partners who have a
twenty (20) percent or greater ownership interest.
5 If the enterprise is a Texas corporation, a certified copy of the
articles of incorporation, together with all amendments must be submitted.
6 If the enterprise is a foreign corporation, a certified copy of the
certificate of authority to transact business in this state, along with all
amendment must be submitted.
7 If the enterprise is a limited partnership formed under the laws of
Texas, the applicant must submit a certified copy of the certificate of
limited partnership together with all amendments filed in the Office of the
Secretary of State of Texas. If the partnership is a foreign limited
partnership, the applicant must submit the certificate of limited partnership
and the qualification documents along with all amendments filed in the
Office of the Secretary of State of Texas.
8 Proof of the current fee ownership of the tract of land on which the
enterprise is to be situated in the form of a copy of the recorded deed or
binding lease for the premises on which the business would be operated.
9 In addition to identifying those person required to sign an
application under this subsection, the application must identify all parent
and sexually oriented related corporations or entities of any person who
will own or operate the sexually oriented business and include the names of
the officers of each parent or related corporation or entity
10 Subsequent corporate sales, mergers, changes m shareholders or
changes in partners shall be registered with the Development Department
immediately upon completion of the documentation evidencing the
transaction. All subsequent shareholders and directors or partners must b.e
identified and shall be subject to qualification and compliance with the
requirements for obtaining the Specialized Certificate of Occupancy
11 The application must be accompanied by
1 A sketch or diagram drawn to scale of the floor plan(s) A
professionally prepared sketch or diagram m the nature of an
engineer or architect's blueprint is recommended but shall not be
required. Each sketch or diagram shall be oriented to the north or to
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some designated street or landmark. Each sketch or diagram shall
be drawn to a designated scale or with marked dimensions
sufficient to show the various dimensions of all areas, walls, doors,
windows or other material aspects of the premises. Each sketch or
diagram shall include at least the following:
a. The internal and external configuration of the premises,
including a 'statement of total floor space occupied by the structure;
b A statement fully describing the external signage to be
displayed on the premises, as well as signage intended to be
displayed elsewhere m the Crty to advertise the business,
c. The location of one or more manager's stations or office;
d. The location of all electrical wrong and fixtures, including
but not limited to lighting fixtures, sound systems, special effects
equipment, video display equipment, video surveillance systems,
etc.
e. Designation of any portion of the premises m which
customers will not be permitted or m which sexually oriented
business activities will not be conducted,
f. A plan or description of the safety and security measures for
the inside and outside of the premises, its customers and employees,
and
g. A designation of the place(s) at which the Specialized
Certificate of Occupancy a copy of the floor plan(s), and other
necessary permits, licenses and signage will be conspicuously
posted.
h. The Director of the Development Department may waive
the foregoing sketch or diagram requirements only for renewal
applications if the applicant expressly adopts by reference a floor
plan that was previously approved and certifies that the
configuration of the premises has not been altered or enlarged since
it was approved.
2 All new applications shall include a certified survey map
prepared by a licensed surveyor or licensed engineer which shows
the required minimum distances from properties with protected uses
or protected zoning.
12. A nonrefundable application fee shall accompany all applications.
An application shall not be considered filed until all applicable fees
are paid and all information required by the application form has
been submitted.
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13 A copy of all applications and supporting documentation for
Specialized Certificates of Occupancy shall be maintained m the
Development Department.
14 The operator of a sexually oriented business shall permit and
cooperate with the appropriate City enforcement personnel to
lawfully inspect the entire premises as well as all activity being
conducted therein.
15 Each applicant shall sign a waiver and authorization form
authorizing the chief to request on behalf of the applicant criminal
history reports from the Texas Department of Public Safety and any
appropriate federal agency
16 Each application shall contain the following statements 'signed by
applicant:
a. I represent that I have personal knowledge of all statements
made and information given m this application and that the
information is true and correct;
b If required by law that an outdoor sign was posted m
conformance with this Article and state law not later than the
60th day before the date the application was filed, and
c. The applicant has read the provisions of this Article.
C. Issuance of Original Specialized Certificate of Occupancy
1 The Development Department shall approve the issuance of a
Specialized Certificate of Occupancy to an applicant within 30 working
days after all conditions required for the application have been satisfied.
2. When issued, the Certificate shall state on its face:
a. The full name, address and telephone number of the
person(s) ("the operator") to whom it is granted,
b The name, address and telephone number of the
establishment;
c. A description of specifically what type of sexually oriented
business operation has been approved to be conducted on
the premises, and
d. The expiration date.
3 When issued, the Specialized Certificate of Occupancy shall remain
the sole property of the City and shall be valid only as to the operator and
location for which it was originally issued and shall not be sold, loaned or
otherwise transferred to any other person, subsequent operator of the
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business or to another location unless the sale, loan or transfer complies
with the provisions of this Article.
4 The Specialized Certificate of Occupancy as well as a copy of the
currently approved floor plan shall be continually displayed in a
conspicuous place within the establishment so that it is visible to the public
at all times and maybe easily read.
5 It shall be an offense for any person to counterfeit, forge, change,
deface or alter a Specialized Certificate of Occupancy
6. No increase of the floor area or modification in the internal
structural configuration of a sexually oriented business shall be made
beyond the area or configuration as shown m the floor plan as approved
with the issuance of the Specialized Certificate of Occupancy unless an
amended Specialized Certificate of Occupancy is issued by the
Development Department per subsection D
D. Issuance of Amended or Modified Certificates of Occupancy
1 In the event a lawfully operating sexually oriented business desires
to modify its operations by var}nng the type of entertainment or activity
provided to another type which is not authorized m the operator's current
Specialized Certificate of Occupancy the operator shall notify the
Development Department in writing 30 days in advance, apply for and
acquire prior written approval for the modification, up to and including an
amended or modified Specialized Certificate of Occupancy if necessary
The Development Department's approval or denial shall be made within 30
days of receipt of said written request from the operator
2. Anon-refundable processing fee equal to one-half of the original
application fee shall be required for obtaining an amended or modified
Certificate. The amended or modified Certificate shall expire on the same
date as the ongmal Certificate.
E. Expiration and Renewal of a Specialized Certificate of Occupancy
1 Each Specialized Certificate of Occupancy shall be valid for a
period of one (1) year and shall expire on the anniversary of its date of
issuance, unless sooner revoked, or surrendered. Each Specialized
Certificate of Occupancy shall be subject to renewal as of its expiration
date by the filing of a renewal application with the Development Director
2. The operator holding a Specialized Certificate of Occupancy issued
under this Section may renew the Certificate rather than reapply for an
ongmal Certificate if, not later than 30 days prior to the expiration of the
Certificate, the operator files and receives approval of a renewal
application.
17
3 Application for renewal shall be made to the Development
Department on the form(s) prescribed and accompanied with payment of
the nonrefundable processing fee equal to one-half of the original
application fee. All applications for renewal shall meet the same
requirements as set for an original application.
4 A violation of a City ordinance or State law that would constitute
the basis for the denial, suspension or revocation of a Certificate that occurs
before the filing of a renewal application shall be considered as the basis
for the denial of the renewal application.
5 If the Development Department denies an application for renewal,
the operator may appeal the decision to the Board of Adjustment as
provided m Paragraph H hereafter Any action by the Development
Director is stayed pending the decision of the Board of Adjustment and if
applicable, any appeal of the Board s decision.
F Denial of Application for a Specialized Certificate of Occupancy
1 The Development Department shall deny issuance of the Certificate
if one or more of the following are found to be true:
a: The location of the establishment would be m violation of
the applicable zoning district classification for the intended property
use.
b The location would be in violation of the distance regulation
as set forth in Section 5.202.
c. The application fees have not been paid.
d. An applicant has failed to make full disclosure or supply all
of the information requested on the application.
e. An applicant has failed to provide information reasonably
necessary for the issuance of the Specialized Certificate of
Occupancy or had provided false, fraudulent or untruthful
information on the application, or is attempting to acquire the
Certificate under false pretenses.
f. The configuration and layout of the proposed premises
would be m violation of the applicable provisions regarding
accessibility visibility and inspection as set forth in this Article.
g. The structure, configuration and layout of the premises
would be in violation of, or are not in compliance with, all other
applicable City ordinances, including Fire Code and Building
Codes.
h. An applicant has not demonstrated lawful ownership of the
premises, or does not hold a binding lease for the premises upon
which the business would be operated, or has not demonstrated a
legally enforceable right to acquire the same.
18
i. An applicant is under 18 years of age.
~ An applicant is under 21 years of age and the sale or serving
of alcoholic beverages would be an aspect of the business.
k. If the location of the proposed sexually oriented business is
within a building, structure or portion thereof contains another
sexually oriented business.
1. An applicant or an applicant's spouse is overdue m payment
to the city of taxes, fees, fines, or penalties assessed against or
imposed upon the applicant or the applicant's spouse in relation to a
sexually oriented business and has not pard the taxes, fees, or
penalties after submission of the application and before the issuance
of the Specialized Certificate of Occupancy by the Development
Department.
m. The applicant has been operating the proposed business as a
sexually oriented business without a valid Specialized Certificate of
Occupancy issued under this Article.
n. The applicant or the applicant's spouse is required to
register as a sex offender under the provisions of Chapter 62 of the
Texas Code of Criminal Procedure.
o. An applicant or an applicant's spouse has been convicted of
a criminal offense within the last ten years involving any of the
following offenses set forth in the Texas Penal Code:
i. Chapter 21 of the Texas Penal -Code: Public lewdness,
Indecent exposure, indecency with a child,
ii. Chapter 22, Texas Penal Code: Sexual assault or aggravated
sexual assault;
iii.Chapter 25 Texas Penal Code: Incest, solicitation of a child
or harboring a runaway child,
iv Chapter 43 Texas Penal Code: Prostitution, promotion of
prostitution, aggravated promotion of prostitution,
compelling prostitution, obscemty display or distribution,
sale, distribution or display of harmful material to a minor
sexual performance by a child, employment harmful to
minors, possession or promotion of child pornography or
v Criminal attempt, conspiracy or solicitation to commit any
of the foregoing offenses,
For which.
1 Less than two (2) years have elapsed since the date
of conviction or the date of release from the terms of community
supervision, probation, parole or deferred disposition or the date of
19
release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a misdemeanor offense; or
2. Less than five (5) yeazs have elapsed since the date
of conviction or the date of release from the terms of community
supervision, probation, pazole or deferred disposition or the date of
release from confinement imposed for the conviction, whichever is
the later date, if the conviction is of a felony offense; or
3 Less than five (5) yeazs since the date of conviction
or the date of release from the terms of community supervision,
probation, pazole or deferred disposition or the date of release from
confinement imposed for the conviction, whichever is the later date,
if the conviction aze of two (2) or more misdemeanor offenses or
combination or misdemeanor offense occurnng within any twenty-
fourmonth penod.
3 The applicant who has been convicted or whose spouse has been
convicted of a criminal offense listed this section may obtain a
Specialized Certificate of Occupancy only after the time penod
required for satisfactory completion has elapsed and full release has
been received from all conditions imposed regarding confinement,
pazole, or probation, whichever is the later date.
4 The fact that a conviction is being appealed has no effect on the
disqualification of the applicant or applicant's spouse under this
subsection.
G. Appeal of a Denial of an Application for a Specialized Certificate of
Occupancy If the Development Department denies the application and the
rssuance of a Specialized Certificate of Occupancy certified mail, return
receipt requested written notice shall be provided to the applicant(s) of such
action within 35 working days after receipt of the application.
1 Upon receipt of the notice of denial the applicant may respond by
requesting reconsideration and providing appropriate
documentation sufficient to complete the application or otherwise
address the Department's basis for the denial.
2. If a written request for reconsideration is received, the application
and supplemental information shall be reconsidered and a response
provided within ten working days after the request is received.
3 Upon receipt of notice of denial of the reconsidered application, the
applicant shall have the right to appeal the denial to the Boazd of
Adjustment within 30 days, but only for a determination as to
whether the application was denied through error or mistake.
5 The written appeal to the Board of Adjustment shall provide a cleaz
and concise statement of the factual basis or grounds for the appeal.
20
The request for appeal shall also be accompanied with the non-
refundable fee pursuant to the adopted fee schedule.
6 The appeal hearing shall be scheduled and conducted according to
the Board of Adjustment's rules of procedure.
7 The applicant shall bear the burden of proof of disputed factual
matters to produce a preponderance of the evidence to establish that
the application was erroneously or mistakenly denied by the
Development Department.
8 The Board of Adjustment may overturn the denial of the application
and thereafter approve the issuance of the Certificate only if the
application was erroneously or mistakenly denied by the
Development Department and is otherwise shown to comply with
all other requirements for an application. Unless the application
was erroneously or mistakenly dewed, the Board of Adjustment
shall affirm the Department's denial.
H. Appeal of a Denial of a Renewal Application for a Specialized
Certificate of Occupancy
1 A denial of a renewal application for a Specialized Certificate of
Occupancy may be appealed to the Board of Adjustment following the
same procedures as provided m subsection G, Appeal of a Denial of an
Application for a Specialized Certificate of Occupancy
2. The filing of any appeal under this subsection stays the action of the
Development Director until the Board of Adjustment makes a final
decision.
I. Suspension of Specialized Certificate of Occupancy
1 The Director of the Development Department shall suspend a
Specialized Certificate of Occupancy for a period not to exceed thirty (30)
days if it is determined that the operator has.
a. Violated or is not in compliance with the regulations set
forth m this Article, or
b Refused to allow an inspection of the sexually oriented
business premises as authorized by this Article.
c. Committed acts that constitute grounds for revocation as set
forth in Section J
2. A suspension may be appealed to the Board of Adjustment as
provided in Paragraph K. below
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J Revocation of a Specialized Certificate of Occupancy
1 The Director of the Development Department shall revoke a
Specialized Certificate of Occupancy if the Director of Development
determines that one or more of the following is true:
a. The operator gave false or fraudulent information m the
application or otherwise acquired the Certificate under false
pretenses.
b The operator knowingly operated, provided or permitted
sexually oriented business activity or entertainment to occur on the
premises during a penod of time when the Specialized Certificate of
Occupancy was suspended.
c. The operator knowingly allowed or participated in the
unlawful possession, use or sale of controlled substances on the
premises.
d. The operator knowingly allowed or participated in
prostitution, or its solicitation, or unlawful offenses of a similar
nature to take place on the premises.
e. The operator has been convicted of a criminal offense listed
in Section 5.203(F)(1)(0) for which the time penod required
5.203(F)(2) has not lapsed.
f. An operator is delinquent m payment to the city for hotel
occupancy taxes, ad valorem taxes or sales taxes related to the
sexually oriented business.
i. An operator has transferred the Specialized Certificate of
Occupancy m violation of this Article.
~ Cause for suspension as provided in Paragraph I. above has
occurred, and the Certificate has been previously suspended for any
reason at least two times m the preceding 12-month penod.
2. The fact that a conviction is being appealed has no effect on the
revocation of the Specialized Certificate of Occupancy
3 When the Development Director revokes a Specialized Certificate
of Occupancy the revocation will continue for one year and the operator
shall not apply for or be issued a Specialized Certificate of Occupancy for
one year after the date of revocation became effective. If, subsequent to
revocation, the Development Director finds that the basis for the
revocation has been corrected or abated, the operator may apply for and be
granted a Specialized Certificate of Occupancy if at least 90 days have
elapsed since the date the revocation became effective. If the Specialized
Certificate of Occupancy was revoked under subsection (J)(1)(e), an
1
22
applicant may not apply for or be granted another specialized certificate of
occupancy until the appropriate period required 5.203(F)(2) has lapsed.
5 A revocation may be appealed to the Boazd of Adjustment as
provided m Paragraph K hereafter
K. Appeal of the Suspension or Revocation of a Specialized Certificate of
Occupancy
1 If the Development Director suspends or revokes a Specialized Certificate
of Occupancy the Director of Development shall send to the operator by
certified mail, return receipt requested, written notice of the action and the
right to appeal.
2 Upon receipt of written notice of the suspension or revocation, the operator
whose Specialized Certificate of Occupancy has been suspended or
revoked has the right to appeal to the Board of Adjustment.
3 An appeal to the Boazd of Adjustment must be in accordance with
subsection G Appeal of a Demal of an Application for a Specialized
Certificate of Occupancy The filing of any appeal under this subsection
stays the action of the Development Director in .suspending or revoking a
Specialized Certificate of Occupancy until the Boazd of Adjustment makes
a final decision.
4 Any appeal of the decision of the Boazd of Adjustment must be filed with
the state district court with within 30 days after the receipt of notice of the
decision of the Boazd of Adjustment. The operator shall bear the burden of
proof. The filing of any appeal under this subsection stays any action of
the Development Director
L. Transfer of Specialized Certificate of Occupancy
1 A person commits an offense if he/she operates a sexually oriented
business under a Specialized Certificate of Occupancy m any name or at
any location other than the name and address designated on the face of the
Certificate.
2. Any person desiring to continue the operation of a sexually oriented
business after purchase or transfer must meet all requirements of a new
applicant and receive a new Specialized Certificate of Occupancy m his or
her own name prior to continuing the business operation. Otherwise, the
Certificate shall automatically be deemed revoked as of the date of the
transfer or purchase of the operator in whose name the Certificate was
issued.
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3 A person commits an offense if he/she wrongfully counterfeits,
forges, changes, defaces or alters a Specialized Certificate of Occupancy
Any Certificate wrongfully altered shall automatically be deemed void and
invalid.
4 If corporations that have substantially similar ownership merge or
consolidate, a fee of one-half (1/2) the onginal filing fee shall be paid for
each sexually onented business holding a Specialized Certificate of
Occupancy that is merged or consolidated into the surviving corporation.
The surviving corporation succeeds to all pnvileges of the pnor corporation
that held the Specialized Certificate of Occupancy if the owners of the
surviving corporation meet the qualifications for an applicant to acquire the
Certificate under this Section. For the purposes of this Section,
corporations have `substantially similar ownership if ninety (90) percent
or more of the corporations involved are owned by the same person or
persons, or by the same corporation or corporations, or if the surviving
corporation has maintained an ownership interest in the merged or
consolidated corporations since the date the onginal Specialized Certificate
of Occupancy was issued.
5 The City's Specialized Certificate of Occupancy is not property to
be mhented or otherwise transferred in cases of incapacity or death. If an
operator becomes legally incapacitated or dies, the executor or guardian of
the estate shall, as soon as reasonably possible but no event later than thirty
(30) days of the death or incapacity notify the Development Department in
venting of the status of business operations, the persons controlling the
estate, and those heirs or other persons involved in settling the estate. Any
person desinng to continue the sexually onented business must meet all
requirements of new applicants and receive a new Specialized Certificate of
Occupancy m his or her own name pnor to continuing the business
operations. Otherwise, the Certificate shall automatically be deemed
revoked as of the date of the death or incapacity of the operator m whose
name the Certificate was issued.
6. The City's Specialized Certificate of Occupancy is not property to
be listed as an `asset" or otherwise transferred for purposes of resolution in
bankruptcy If an operator files a petition in bankruptcy seeking protection
as a failing business, the operator shall also immediately deliver true and
correct copies of documentation of same to the Development Department.
5.204 Employee Background Checks
A. Pnor to employment of any person by the sexually onented business, the
owner or operator of the sexually onented business shall conduct a cnminal
background check on all prospective employees to ensure that no person
employed has any convictions or any time of service in jail or pnson for
any of the following offenses.
24
a. Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual
assault;
b Chapter 25 Texas Penal Code: Incest, solicitation of a child or
harboring a runaway child,
c. Chapter 43 Texas Penal Code: Prostitution, promotion of prostitution,
aggravated promotion of prostitution, compelling prostitution,
obscenity display or distribution, sale, distribution or display of
harmful material to a minor sexual performance by a child,
employment harmful to minors, possession or promotion of child
pornography
d. Criminal attempt, conspiracy or solicitation to commit any of the
foregoing offenses, or
e. Public lewdness, indecent exposure, public intoxication, dunk
solicitation, or possession of a controlled substance.
B The operator shall maintain a current registration card or file on the
premises clearly identifying all managers, employees and/or entertainment
personnel currently on the premises or employed by the business. The
information contained on the registration card shall include at least:
a. Full legal name;
b All aliases or 'stage names"
c. Date of birth,
d. Race;
e. Color of hair and eyes,
f. Current residence address and phone number
g. Texas driver's license number (or Texas identification number);
h. Social Security number
~ Color photograph of full face view and
k. Date of criminal background check.
C Records
a. Within five (5) days of employment of an employee, each manager
shall send a copy of the criminal background check (with redacted
social security number) and registration card to the Fort Worth Police
Department.
b Each manager shall maintain on the premises and make available for
inspection upon request by City enforcement personnel the criminal
background information and current registration card for all current
employees.
c. A manager commits an offense if he or she fails to make the criminal
background information or current registration card available for
immediate inspection upon request by City enforcement personnel.
D For the purposes of subsection (B) an employee or entertainment personnel
commits an offense by
25
a. Providing false or deceptive information to the operator or
b By failing to timely update and provide to the operator within fourteen
(14) days any changes m the required information.
5.205 General Regulations for Sexually Oriented Businesses.
A. All operators, managers, employees, entertainment personnel or other
persons, including customers shall permit the lawful inspection or
enforcement activrties of city enforcement personnel on any portion of the
premises or of any aspect of the activities being conducted therein.
B All operators, managers, employees, or entertainment personnel shall
furiush information or documentation. requested by city enforcement
personnel pertaining to inspection or law enforcement activities on the
premises or of the activities being conducted therein.
C All operators, managers, employees, or entertainment personnel shall
mamta.m any portion of the premises m a manner so as to permit the
inspections or enforcement activities by city enforcement personnel.
D The operator manager employee or entertainment personnel shall not
knowingly permit or allow any customer access to any area of the premises
that has been designated as an area not open to customers as per the floor
plan approved by the department of development pursuant to this Article.
E. All operators shall maintain a person on the premises while occupied or
open for business with the authority and responsibilities as 'manager" over
all of the business operation, its activities, employees and entertainment
personnel. The operator" and 'manager" maybe the same person.
F An operator may not knowingly employ or engage the service of any
person under eighteen (18) years of age as an employee or entertainment
personnel for the sexually oriented business.
G No customer or patron under the age of twenty-one (21) of age may enter
or remain within the premises of a sexually oriented business while the
establishment is open for business and alcoholic beverages are sold or
consumed.
H. No person may appear m a 'state of nudity" or engage in 'specified sexual
activities" on any portion of the premises outside the building, which is
capable of being viewed from a public street or right-of way
I. No operator shall operate or allow the operation of an internal video
surveillance system of persons or activity on the premises without prior
written approval from the police department. Internal video surveillance
systems maybe used only to monitor the premises or activity for legitimate
security or safety purposes upon prior inspection and receipt of written
approval from the police department, which will not be unreasonably
withheld. This subsection shall not apply to video projection systems.
J The operator shall maintain on the premises at all times a current copy of
all city ordinances regarding or regulating sexually oriented business
activity so as to keep all managers, employees and entertainment personnel
duly advised of the applicable city ordinances regarding the sexually
26
oriented business, and its permitted, as well as prohibited activities, so as to
mimmize prospective violations and offenses on the premises.
5.206 Conduct of Employees
A. No employee, while in state of nudity in a sexually oriented business
shall receive directly any pay or gratuity from any patron or customer
or allow any patron or customer to pay or give any gratuity directly to
any employee while that employee is m a state of nudity m a sexually
oriented business other than by means of hand or garter tipping, a tip
receptacle or paid as part of the customer's bill.
B No manager owner or operator shall allow any patron or customer to
pay or give any gratuity directly to any employee while that employee
is in a state of nudity in a sexually oriented business other than by
means of hand or garter tipping, a tip receptacle or paid as part of the
customer's bill.
C All garters shall be located mid-thigh or lower
5.207 Hours of Operation
A. Asexually oriented business shall not be open to the public or allow
customers or patrons to enter or remain within the premises of a sexually
oriented business during the following hours.
i. Sunday- Thursday 2:00 a.m. to 10.00 a.m.
ii. Friday and Saturday 3.00 a.m. to 10.00 a.m. 4.00 ~a.m. to 10.00
a.m. if the sexually oriented business holds a valid food
establishment permit issued by the City Health Department.
B Hours of operation may not conflict with any other federal, state or city
laws, rules or regulations.
C This regulation shall not apply to adult motels.
5.208 Interior of the of Sexually Oriented Businesses
A. Subject to reasonable accommodations for legitimate security measures,
including approved internal surveillance video systems, the operator shall maintain
the entire premises so as to permit walk-through inspections without interference
by City enforcement personnel.
B The interior of the premises shall be arranged in such a manner that there is
an unobstructed view into every area of the premises to which any customer is
permitted access for any purpose, excluding restrooms. The operator shall ensure
that the ability to view into any area where customers are allowed remains
unobstructed by any doors, curtains, walls, merchandise, display racks or other
materials. This regulation shall not apply to adult motels.
27
C If the premises contain two or more sepazate rooms, the operator shall
maintain each room with at least one wall or door equipped with cleaz windows or
openings of at least three feet m width and two feet m height located no less than
three feet above the floor but no less than two feet below the ceiling for viewing
into the entire area and all activity therein. This regulation shall not apply to adult
motels.
D The operator shall maintain every portion of the premises where customers
are permitted access equipped throughout and illummnated at all times with
overhead lighting fixtures of sufficient illumination to provide reasonably safe
lighting conditions for patrons, employees or City enforcement personnel walking
throughout the premises.
E. During hours of dazkness when a sexually onented business is m operation,
the operator shall maintain all pazkmg and pedestrian azeas of the premises
equipped and illuminated by overhead lighting fixtures of sufficient illumination to
provide reasonably safe lighting conditions for persons or vehicles traveling into,
on and out of the property Said lighting fixtures shall be directed onto the
property as much as is possible so as to avoid being directed onto neighboring
properties.
F The operator shall not utilize or allow restroom or employee dressing
rooms to be utilized for sexually onented business purposes, video equipment or
for the offering of any sexually onented merchandise to customers.
5.209 Exterior appearance of Sexually Oriented Businesses
A. No exterior portions of a sexually onented business shall have flashing
lights or any words, lettering, photographs, silhouettes, drawings, or pictorial
representations of any manner except to the extent permitted by the provisions of
this Article.
B No merchandise or activities of a sexually oriented business shall be visible
from any point outside the establishment.
C All exterior portions and/or facades, including the roof, that are to be
painted shall be a single achromatic color with a single achromatic color trim, both
colors consisting of a neutral earth tone color only however the trim and the
building may be a different neutral earth tone color Nothing in this section
requires the painting of an otherwise unpainted exterior portion of a sexually
onented business. All sexually oriented businesses with a current Specialized
Certificate of Occupancy that are in compliance with the regulations of this Article
and other applicable City Codes will have five (5) yeazs from the date of adoption
of this ordinance to comply with this subsection, however if any portion of the
exterior of the building is painted or repainted before this five (5) yeaz period
expires, all portions of the exterior must be painted a single achromatic color with
a single achromatic color trim as provided by this subsection.
This provision shall not apply to an enterprise if the following conditions aze met:
1 The enterprise is part of a commercial multi-unit center and
28
2. The exterior portions of each individual umt in the commercial
multi-umt center including the exterior portions of the enterprise,
are painted the same color as one another or are painted in such a
way as to be component of the overall architectural style or pattern
of the commercial multi-center umt.
5.210 Sign Requirements
A. Business Requirements for Posting Sign Concerning Intent To Locate
Sexually Oriented Businesses
1 An applicant for a specialized certificate of occupancy for a location
for which a specialized certificate of occupancy has not previously been
issued shall post an outdoor sign at the location in compliance with Section
243 0075 of the Texas Local Government Code, as amended, not later than
the 60th day before submitting the application for a specialized certificate of
occupancy to the Development Department.
2. The sign shall comply with the following requirements.
a. The sign must be at least 24 by 36 inches m size;
b All letters must be at least two inches m height and 1 and
1/2 inches m width for each letter on the sign,
c. The sign shall state that a sexually oriented business is
intended to be located on the premises,
d. The sign shall provide the name and business address of the
owner and operator
e. All required information must be presented in both English
and Spamsh,
f. All required information must read horizontally from left to
right; and
g. The sign shall be prominently posted such that it is clearly
legible from the public right-of way
3 The operator of a proposed sexually oriented business shall notify
the Development Director by certified mail or hand delivery when a sign
is posted at the intended location of the business in compliance with
Section 243 0075 of the Texas Local Government Code, as amended. The
notification must be in the form of a sworn statement indicating the
location of the sign and the date rt was posted and must be received by the
Development Director within five days after the posting of the sign. If the
Development Director receives the notification within five days after the
sign was posted, the 60-day posting period required by Section 243 0075
shall be deemed to begin on the posting date. If the notification is received
by the Development Director more than five days after the sign was posted,
the 60-day posting requirement shall be deemed to begin on the date the
Development Director verifies the sign has been posted.
29
4 When a sign is posted at an intended location of a sexually onented
business and the intended location is not in violation of the distance
requirements set out m this Article on the posting date, the sexually
onented business will qualify as a conforming use with regard to the
distance requirements and will not be rendered nonconforming by any
location, subsequent to the posting of the sign, of a religious institution,
school, public park or residential distnct within 1 000 feet of the posted
location.
5 Paragraph 4 of this subsection does not apply if:
a. A completed application for a specialized certificate of
occupancy for a proposed sexually onented business is not
filed with the Development Department within 20 days after
the expiration of the 60-day posting requirement under
Section 243 0075 of the Texas Local Government Code, as
amended, or
b The application for a specialized certificate of occupancy is
withdrawn or dewed, or
c. The notification requirements of subsection 2 are not met.
B. Signs at each Public Entrance
1 The operator shall maintain at least one conspicuous permanently
mounted sign, presented m both English and Spanish, at each public
entrance, m accordance with the City's sign codes, of a size of at least 18
inches m height and 24 inches m width, easily visible and legible to all
persons pnor to entry into the establishment, with all letters at least one-
half inch m height and three-quarters of an inch in width for each letter on
the sign which contains a statement to the effect:
`THIS IS A SEXUALLY ORIENTED BUSINESS
ESTABLISHMENT WHICH REGULARLY FEATURES
[descnption of the type of activity or merchandise as
permitted herein] IF NUDITY OR ACTIVITY OF A
SEXUAL NATURE OFFENDS YOU DO NOT COME IN
NO PERSON UNDER 18 YEARS OF AGE ALLOWED
ENTRY"
[If alcoholic beverages are sold or consumed on the
premises] `NO PERSON UNDER 21 YEARS OF AGE
ALLOWED ENTRY"
C. Exterior Signs
1 Notwithstanding any provision of the Crty of Fort worth Code or
any other city ordinance, code, or regulation to the contrary the owner or
operator of any sexually onented business or any other person commits an
30
offense if he erects, constructs, or maintains any on-premise sign for the
establishment other than one primary sign and one secondary sign as
provided in this section.
2 A primary sign may have no more than two display surfaces. Each
display must:
a. Not contain any flashing lights,
b Be a flat plane, excluding the. lettering, and
c. Be rectangular m shape.
3 A secondary sign may have only one display surface. The display
surface must:
a. Not contain any flashing lights,
b Be a flat plane, excluding the lettering;
c. Be rectangular in shape; and
d. Be affixed or attached to a wall or door of the establishment.
4 A primary or secondary sign must contain no photographs,
silhouettes, drawings, or pictorial representations or any manner and may
contain only
The name of the establishment; and/or one or more of the following
phrases.
a. Adult arcade.
b Adult bookstore or adult video store
c. Adult Cabaret.
d. Adult motel.
e. Adult motion picture theater
f. `Escort agency
g. Adult Model Studio
h. `Sexual encounter center
5 A primary sign for an adult motion picture theater may contain the
phrase, `Movie Titles Posted on Premises, in addition to the phrases listed
m Subsection (D)(4) above.
6 Each letter forming a word on a primary or secondary sign must be
of a solid color and each letter must be the same print-type, size and color
The background behind the lettering on the display surface of a primary or
secondary sign must be of a uniform and solid color
7 Notwithstanding the sign requirements of this Article and signs
lawfully operating sexually oriented business on September 27 2004 may
continue to be maintained on the premises, until.
a. The sign is intentionally removed or destroyed by the owner or
31
operator of the sexually oriented business or abandoned by the
owner or operator of the sexually oriented business, or
b The city requires removal, relocation or reconstruction of the sign
m accordance with state law
8 Any sign located on the premises of a commercial multi-umt center
containing an enterprise that displays the name or any portion of the name
of the enterprise, any name under which any enterprise was formerly
operated on the premises, or that contains any of the terms set for the in
subsection 4 of this section or any other terminology that is commonly used
to identify or is associated with the presence of a sexually oriented
business, shall comply with all restrictions of this section. The intent of
this subsection is to prevent the use of signage identifying the commercial
multi-tenant center itself from being used as a subterfuge to evade the
restrictions on sexually oriented business signs set forth m this section.
5.211 Additional Regulations for Adult Entertainment Cabarets
A. An employee of an adult entertainment cabaret, while appearing m a state
of nudity commits an offense if he or she touches a customer or clothing of a
customer
B A customer at an adult entertainment cabaret commits an offense if he or
she touches an employee appearing m a state of nudity or the clothing of an
employee
C No person shall appear in a state of nudity in an area of the adult
entertainment cabaret m an area of the premises that can be viewed from the public
right-of way
D An operator commits an offense if the operator fails to display the ,signs on
the interior of the premises as required by this Article.
E. An operator commits an offense if he/she permits any customer access to
an area of the premises not visible from the manager's station or not visible by a
walk through of the premises without entering a closed area, excluding a restroom.
5.212 Additional Regulations for Escort Agencies
A. An escort agency shall not employ any person under the age of eighteen
(18) years of age.
B A person commits an offense if he/she acts as an escort or agrees to acts as
an escort for any person under eighteen (18) years of age.
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5.213 Additional Regulations for Outcall Businesses
A. An operator shall not employ any person under the age of eighteen (18)
years of age for the purposes of acting as an outcall person or providing outcall
services for a customer
B An operator manager or employee commits an offense if he/she acts as an
outcall person for any customer less than twenty-one (21) years of age.
5.214 Additional Regulations for Nude Modeling Businesses
In addition to those offenses set forth m subsection (b), citations maybe issued for
the following:
A. An operator shall not employ any person under the age of eighteen (18)
years of age for the purpose of acting as a live nude model for customers.
B A person under eighteen (18) years of age commits an offense if he/she
appears for customers while in a `state of nudity" or simulated nudity" on the
premises of a nude modeling business. It is a defense to prosecution under this
subsection if the person under eighteen (18) years was in a restroom not open to
public view or persons of the opposite sex.
C A person commits an offense if he appears m a state of nudity or
knowingly allows another to appear in a state of nudity in an area of a nude model
studio premises that can be viewed from the public right-of way
D A nude model studio shall not place or permit a bed, sofa, or mattress m
any room on the premises, except that a sofa may be placed m a reception room
open to the public
E. A customer at a nude model studio commits an offense if he/she touches an
employee who is exposing any specified anatomical areas or touches the clothing
of the employee.
F An operator or an employee of a nude model studio commits an offense if
he permits any customer access to an area of the premises not visible from the
manager's station or not visible by walk through of the premises without entering a
closed area, excluding a restroom.
5.215 Additional Regulations for Adult theaters and adult motion picture theaters
A. An operator shall not employ any person under the age of eighteen (18)
years to appear in a 'state of nudity" or 'simulated nudity" for customers on the
premises of an adult theater or adult motion picture theater
B A person commits an offense if he knowingly allows a person under the
age of eighteen (18) to appear m a state of nudity in or on the premises of an adult
motion picture theater
C. A person under the age of eighteen (18) commits an offense if he/she
appears in a state of nudity" or 'simulated nudity" for customers' on the premises
of an adult theater or adult motion picture theater
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D It is a defense to prosecution under this subsection if the person under
eighteen (18) years was m a restroom not open to public view or persons of the
opposite sex.
5.216 Additional Regulations for Adult Motel.
A. Evidence that a sleeping room m 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 ten (10) hours creates a rebuttable presumption that the
establishment is an adult motel as defined m this Article.
B An operator manager or the person otherwise in control of a sleeping room
m a hotel, motel, or similar commercial establishment, commits an offense if
he/she rents or subrents a sleeping room to a person and, within ten (10) hours
from the time the room is first rented, he/she rents or subrents the same sleeping
room again.
5.217 Additional Regulations for Adult Arcades
A. View from manager's station.
1 If an adult arcade or adult mini-theatre has one (1) manager's
station designated pursuant to this Article, then the interior of the adult
arcade or adult mim-theatre shall be configured in such a manner that there
is an unobstructed view of every area of the adult arcade or adult mim-
theatre to which any patron is permitted access for any purpose from that
manager's station. If an adult arcade or adult mim theatre has two (2) of
more manager's stations designated pursuant to this Article, then the
interior of the adult arcade or adult mim-theatre shall be configured m such
a manner that there is an unobstructed view of each area of the adult arcade
or adult mim-theatre to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations. The view required
in this subsection must be by direct tine of sight from the manager's
station.
2. It shall be the duty of the owners and operator and it shall also be
the duty of any agents and employees present m an adult arcade or adult
mini-theatre, to ensure that the view area specified m subsection (1)
remains unobstructed by any merchandise, display racks or other materials
at all times that any patron is present m the adult arcade or adult mim
theatre and to ensure that no patron is permitted access to any of the adult
arcade or adult mini-theatre which has been designated as an area in which
patrons will not be permitted m the plan filed pursuant to this Article.
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B. Wall penetrations
1 In addition to any other requirements of this article, no adult arcade
or adult mini-theatre shall be configured m such a manner as to have any
opening in any partition, screen, wall or other barrier that separates viewing
areas for arcade devices or adult mini-theatre devices from other viewing
areas for arcade devices or adult mini-theatre devices. This provision shall
not apply to conduits or plumbing, heating, air conditioning, ventilation or
electrical service, provided that such conduits shall be so screened or
otherwise configured as to prevent their use as openings that would permit
any portion of a human body to penetrate the wall or barrier separating
viewing areas.
2. It shall be the duty of the owners and operator and rt shall also be
the duty of any agents and employees present m an adult arcade or adult
mini-theatre to ensure that the premises is monitored to assure that no
openings are allowed to exist in violation of subsection 1 above and to
ensure that no patron is allowed access to any portion of the premises
where any opening exists m violation of subsection 1 above until the
opening has been repaired.
C. Lighting
1 Each adult arcade or adult mini-theatre shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every place to
which patrons are permitted access at an illumination of not less than one
(1 0) foot-candle as measured at four feet above the floor level.
2. It shall be the duty of the owners and operator and it shall also be
the duty of any agents and employees present m an adult arcade or adult
mini-theatre to ensure that the illumination described in subsection 1 above,
is maintained at all times that any patron is present m the adult arcade or
adult mini-theatre.
D. Occupancy of booths, rooms and cubicles
Only one individual shall occupy a booth, room or cubicle at any time. No
occupant of a booth, room or cubicle shall engage in any type of sexual
activity cause any bodily discharge or litter while in the booth.
5.218 Display of Sexually Explicit Material to Minors
A. A person commits an offense if, in a business establishment open to person
under the age of 17 years, he displays a book, pamphlet, newspaper magazine,
film or video cassette, the cover of which depicts, in a manner calculated to
arouse sexual lust or passion for commercial gain or to exploit sexual lust or
perversion for commercial gain, any of the following:
a. Human sexual intercourse, masturbation, or sodomy
b Fondling or other erotic touching of human genitals, buttocks, or
that portion of the female breast below the top of the areola, or
c. Human male genitals in a discernibly turgid state, whether covered
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or uncovered.
B In this section display" means to locate an item in such a manner that,
without obtaining assistance from an employee of the business establishment:
a. It is a available to the general public for handling and inspection, or
b The cover or outside packaging on the item is visible to members of
the general public.
5.219 Enforcement
Any City enforcement personnel may enforce the provisions of this Article
Additionally the Fort Worth Police Department may enforce the offenses listed m
Section 5.204 which occur on the premises of a sexually oriented business at any
lime the establishment is occupied or open for business.
5.220 Revocation
Revocation or suspension of any permit shall not prohibit imposition of a criminal
penalty and imposition of a criminal penalty shall not prevent revocation or
suspension of a permit.
5.221 Injunction
A person who operates or causes to be operated a sexually oriented business
without a valid specialized certificate of occupancy or m violation of this Article is
subject to a suit for m~unction as well as prosecution for criminal violations.
SECTION 2.
Ordinance No 13896, the zoning ordinance of the City of Fort Worth, Section
9 101 `Defined Terms, is hereby amended by amending certain definitions and adding
new definitions related to sexually oriented businesses as follows.
(1) ACHROMATIC For the purpose of Chapter 5 Article 2, Sexually
Oriented Businesses, achromatic is colorless or lacking in saturation or hue.
The term includes, but is not limited to, grays, tans, and earth tones. The
term does not include black or any bold coloration that attracts attention.
(2) ADULT BOOKSTORE AND ADULT VIDEO STORE A commercial
establishment that as one of its principal business operations offers for sale
or rental for any form of consideration one (1) or more of the following:
a. Books, magazines, periodicals or other printed matter photographs,
films, motion pictures, video cassettes or video reproductions,
slides, or other visual representations which are distinguished or
characterized by an emphasis on matters exhibiting, depicting or
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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. This does not
include items used for conception control or for protection from
sexually transmitted diseases.
(3) ADULT ENTERTAINMENT CABARET A nightclub bar lounge, or
similar commercial establishment that provides or features to customers
live performances by employees or entertainment personnel which is
intended to provide sexual stimulation or sexual gratification to customers
and are distinguished or characterized by any one (1) or more of the
following:
a. An emphasis on the exposure of specified anatomical areas or
b An emphasis on 'specified sexual activities" or
c. An emphasis on `semi nudity" 'nudity" state of semi-nudity"
`state of nudity" or 'simulated nudity" or
d. A combination of any of the above.
(4) ADULT MOTEL A hotel, motel or similar commercial establishment
that rents or otherwise permits a room to be occupied by the public m
exchange for any form of consideration, that:
a. Offers accommodations to the public, tenant or occupier of the
room for any television transmissions, films, motion pictures, video
cassettes, slides, or other photographic reproductions which are
distinguished or charactenzed by an emphasis on matters
exhibiting, depicting or describing 'specified sexual activities"
and/or 'specified anatomical areas" and has a sign visible from the
public right-of way or otherwise advertises the availability of this
type of adult accommodations to the public; or
b Offers a sleeping room(s) for rent for a period of time that is less
than ten (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 ten (10) hours.
(5) APPLICANT For the purpose of Chapter 5 Article 2, Sexually Oriented
Businesses, `applicant" is.
a. A person m whose name a Specialized Certificate of Occupancy to
operate a sexually oriented business will be issued,
b Each individual who signs an application for a sexually oriented
business as required by this section,
c. Each individual who is an officer of a sexually oriented business for
which a Specialized Certificate of Occupancy application is made,
regardless of whether the individual s name or signature appears on
the application,
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d. Each individual who has a 20 percent or greater ownership interest
m a sexually onented business for which a Specialized Certificate
of Occupancy application is made, regardless of whether the
individual s name appears on the application, and
e. Each individual who exercises substantial de facto control over a
sexually onented business for which a Specialized Certificate of
Occupancy application is made, regardless of whether the
individual s name or signature appears on the application.
(6) CHIEF OF POLICE OR CHIEF• The Chief of the Fort Worth Police
Department or a designee or any employee(s) of the police department
assigned by loin to perform the duties prescribed in this Article.
(7) CITY ENFORCEMENT PERSONNEL An authorized representative of
any of the following departments or divisions.
a. Department of Development.
b Code Compliance
c. Health Department.
d. Fire Department.
e. Police Department.
f. Marshal's office.
(8) COMMERICAL MULTI UNIT CENTER. For the purpose of Chapter
5 Article 2, Sexually Oriented Businesses, commercial multi-unit center"
is a building or structure (including a shopping mall or. strip shopping
center) containing three (3) or more separate premises, each of which is
offered by lease or otherwise for separate occupancy or control and each of
which occupies an enclosed area having rts own door or entranceway
opening onto public property a public way or a common area.
(9) CONVICTION For the purpose of Chapter 5 Article 2, Sexually
Oriented Businesses, conviction is a conviction in a federal court or a
court of any state or foreign nation or political subdivision of a state of
foreign nation that has not been reversed, vacated, or pardoned.
`Conviction includes disposition of charges against a person by probation.
(10) EMPLOYEE For the purpose of Chapter 5 Article 2, Sexually Oriented
Businesses, employee" is any person who renders any service whatsoever
to the customers of a sexually oriented business or who works on the
premises of a sexually onented business that receives any form of
compensation, including tips or gratuities, from the operator manager
customers, other employees or entertainment personnel and in exchange
therefore:
a. Renders any work, service, performance or exhibition whatsoever
directly or indirectly to or for a customer or
38
b Renders any other support service whatsoever directly or
indirectly for or on behalf of the furtherance of the business
operations; and
`Employee" includes, but is not necessarily limited to, bartenders, cashiers,
dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, outcall
persons, strippers, models, waiters, waitresses, or other persons working on
or about the premises.
(11) ESCORT For the purpose of Chapter 5 Article 2, Sexually Oriented
Businesses, escort" is a person who, for consideration, agrees or offers to
act as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease for
another person.
(12) ESCORT AGENCY For the purpose of Chapter 5 Article 2, Sexually
Oriented Businesses, escort agency" is a commercial venture that
furnishes, or offers to furnish, or advertises to furnish escorts for a fee,
commission, tip or other consideration.
(13) ESTABLISHMENT For the purpose of Chapter 5 Article 2, Sexually
Oriented Businesses, establishment" is.
a. The opening or commencement of any sexually oriented business as
a new business,
b The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business,
c. The addition of any sexually oriented business to any other existing
sexually oriented business; or
d. The relocation of any sexually oriented business.
(14) EXTERIOR PORTION For the purpose of Chapter 5 Article 2,
Sexually Oriented Businesses, exterior portion is any part of the physical
structure of an enterprise, including, but not limited to, a wall, veneer door
fence, roof, roof covering or window which his visible form any public
way or public property
(15) HIGHWAY I 30 AND/OR I 35 For the purpose of Chapter 5 Article
2, Sexually Oriented Business, Highway I 35 and/or I 30 shall mean any
property located within 300 feet of the right of way line of the prospective
interstate highway Measurement of the distance shall be made in a straight
line, without regard to intervening structures or obi ects, from the nearest
portion of the right-of way line of the highway to the nearest property line
of the property sought to be used, or used, as a sexually oriented business.
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(16) OPERATED OR CAUSED TO BE OPERATED For the purpose of
Chapter 5 Article 2, Sexually Oriented Businesses, operated or caused to
be operated" is to cause to function or to put or keep m operation. A
person may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner part owner or
operator of the business.
(17) OPERATOR. For the purpose of Chapter 5 Article 2, Sexually Oriented
Busi nesses, operator" is.
a. The person(s) m whose name a valid specialized certificate of
occupancy has been issued for a sexually oriented business pursuant
to the city's comprehensive zoning ordinance, Appendix A of this
Code; or
b Each individual fisted as an applicant on the application for a
sexually oriented business Specialized Certificate of Occupancy or
c. Each individual who is an officer of a sexually oriented business for
which a Specialized Certificate of Occupancy has been issued,
regardless of whether the individual s name or signature appears on
the application, or
d. Each individual who has a twenty (20) percent or greater ownership
interest m a sexually oriented business for which a Specialized
Certificate of Occupancy has been issued, regardless of whether the
individual s name appears on the application, or
e. Each individual who exercises substantial de facto control over a
sexually oriented business for which a Specialized Certificate of
Occupancy has been issued, regardless of whether the individual s
name or signature appears on the application, or
f. The person(s) m whose a name a specialized certificate would be
required in order to lawfully operate a sexually oriented business
pursuant to the city's comprehensive zoning ordinance, Appendix A
of this Code; or
g. Any individual who is m control of the operations of a Sexually
Oriented Business, either on an hourly basis, daily basis,. weekly
basis or shift basis or any combination thereof; or
h. The person(s) who operates or causes to be operated any form of
sexually oriented business, which is subject to regulation pursuant
to the City's Comprehensive Zoning Ordinance.
(18) OUTCALL BUSINESS For the purpose of Chapter 5 Article 2, Sexually
Oriented Businesses, outcall business" is a commercial venture that
provides employees or entertainment personnel who, in exchange for a fee,
commission, tip or other consideration, goes to the location requested by
the customer and while there:
a. Privately models lingerie or other intimate wearing apparel, or
b. Privately performs a strip tease; or
c. Privately performs asemi-nude or nude modeling session, or
40
d. Bathes or massages the customer
e. But shall not include persons otherwise engaged m legitimate, non-
sexually oriented activities or services such as licensed private
nurses, licensed physical therapists, aides for the elderly or
handicapped, social secretaries, or similar persons whose business
or service relationship with their patron is not characterized by
sexually oriented activities.
(19) SIGN For the purpose of Chapter 5 Article 2, Sexually Oriented
Businesses, `sign means any on-premise display design, pictorial, or
other representation that is constructed, placed, attached, painted, erected,
fastened or manufactured in any manner whatsoever so that it is visible
from the outside of a sexually oriented business and used to seed the
attraction of the public to any goods, services, or merchandise available at
the sexually oriented business. The term `sign also includes any
representation painted on or otherwise affixed to any exterior portion of a
sexually oriented business establishment or to any part of the tract upon
which the establishment is situated.
(20) TRANSFER OF OWNERSHIP OR CONTROL.. For the purpose of
Chapter 5 Article 2, Sexually Oriented Businesses, `transfer of ownership
or control" of a sexually oriented business means and includes any of the
following:
a. The sale, lease or sublease of the business,
b The transfer of securities that constitute a controlling interest in the
business, whether by sale, exchange, or similar means, or
c. the establishment of a trust, gift, or other similar legal device that
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person
possession the ownership or control.
SECTION 3
Chapter 4 Article 8 of Ordinance No 13896, the Zoning Ordinance of the City of
Fort Worth, `Nonresidential District Use Table" is amended by deleting the symbol (P*)
for the columns labeled `F" `G" and `H" Districts under `Commercial Uses,
Entertainment and Eating for `Sexually Oriented Business"
SECTION 4.
Chapter 7 of Ordinance No 13896, the Zoning Ordinance of the City of Fort
Worth, `Nonconformrties" is amended by adding new paragraphs number 6 and number 7
41
to Section 7 107D to address lawfully operating sexually oriented businesses before the
adoption date of this ordinance, renumbering paragraph 6 as paragraph 8 and adding
1,500 feet and zoning category" to paragraph 8 to read as follows.
D Nonconfomm~g adult entertainment cabarets
6 In lieu of the amortization process authorized pursuant to state law and the
city's prior versions of this article, aone-time exemption ("grandfather status") from
the enforcement of the limitation to Industrial Districts as established by Section
5.202 (formerly section 5.200 B) was provided to the operators as of September 27
2004 of the following existing adult entertainment cabaret locations that also serve,
provide, or allow the consumption or the sale of alcoholic beverages m conjunction
with the sexually oriented business activity
BABY DOLLS TOPLESS BAR 3601 HWY 157
BRIGHT LIGHTS VIDEO 2 10355 NORTH FRWY
FRANKS WILD LIFE CLUB 11050 GEORGE CT
GOLDEN GODDESS 9727 SOUTH FRWY
HONKY TONK TOPLESS BAR 2412 E BELKNAP ST
HOUSE OF BABES 9317 SOUTH FRWY
ILLUSIONS MEN'S CLUB 7405 HWY 80 W
MAIN STAGE TOPLESS BAR 5000 MARK IV PKWY
NEW ORLEANS NIGHTS 7101 CALMONT AV
SHOWCASE CABARET 3929 HIGHWAY 157
SHOWCASE 11 TOPLESS BAR 1928 JOSH RD
SHOWGIRLS TOPLESS BAR 4617 HIGHWAY 377 S
SINBADS TOPLESS BAR 8128 HWY 80 W
TEXAS CABARET 1300 NORTHEAST LOOP 820
X-OTIC CLUB 719 N MAIN ST
T&A 8701 SOUTH FREEWAY
Hereafter the operator as of September 27 2004 of each of those locations listed
m this paragraph above may continue to operate as an adult entertainment cabaret
at their present location and zoning classification so long as the operator remains in
on-going compliance with this zoning ordinance and the other city ordinances
applicable to sexually oriented businesses.
7 In lieu of the amortization process authorized pursuant to state law and the
city's prior versions of this article, aone-tune exemption ("grandfather status") from
the enforcement of the 1,500 foot distance requirement on I30 and I35 as
established by Section 5.202 (fonnerly section 5.200B.) was provided to the
42
operators as of September 27 2004 of the existing adult entertainment cabaret
locations listed m paragraph 6 above that also serve, provide, or allow the
consumption or the sale of alcoholic beverages in conjunction with the sexually
oriented business activity
Hereafter the operator as of September 27 2004 of each of those locations fisted
m paragraph 6 above may continue to operate as an adult entertainment cabaret at
their present location and zoning classification so long as the operator remains in
on-going compliance with this zoning ordinance and the other city ordinances
applicable to sexually oriented businesses.
8 The one-tune exemption from the enforcement of the 1 000 or 1,500 foot
distance or zoning category regulation, as applicable, shall not m any way affect or
prejudice the right of the City of Fort Worth to enforce any other ordinance, existing
or subsequently enacted, regulating sexually oriented business activity
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m
direct conflict with the provisions of such ordinances and such Code, m which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstrtutionahty 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.
43
SECTION 7
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000 00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 8.
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 3011 Ordinance No 13896 or any other
ordinances affecting zoning 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 9
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 10.
This ordinance shall take effect on September 27 2004 after publication as required by law
APPROVED AS TO FORM AND LEGALITY
By; mac. ~P~iC ~-
Assistan C'ty Attorney
ADOPTED• 7 ~ d ~J~
EFFECTIVE .c._ ~~JT~~ n(~ , ~~~~~.>`-1
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