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HomeMy WebLinkAboutOrdinance 11475 ~'~~ ~. .. 1 ~. ORDINANCE NO. AN ORDINANCE AMENDING SECTION 18B "ADULT ENTERTAINMENT CABARETS", OF THE COMPREHENSIVE ZONING ORDINANCE 3011, APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (AS AMENDED); PROVIDING A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR THE PROHIBITED LOCATIONS OF ADULT ENTER- TAINMENT CABARETS; PROVIDING THAT THE REGULATIONS OF SECTION 18A AND 18C OF THE COMPREHENSIVE ZONING ORDINANCE ARE ALSO APPLICABLE TO ADULT ENTERTAINMENT CABARETS; PROVIDING FOR EXISTING NONCONFORMING USES; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS; PROVIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL CITY ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE CLASSIFICATION AS GOVERNMENTAL FUNCTIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas is a home-rule munici- pality acting under its Charter duly adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution, as well as acting pursuant to Chapter 9 of the Texas Local Government Code; and WHEREAS, there are several sexually oriented business estab- lishments in the City that necessitate specialized regulations regarding certificates of occupancy, zoning use regulations, inspection and police requirements in order to protect and preserve the health, safety and welfare of the patrons of such businesses, as well as the surrounding neighboring properties and residents thereof; and WHEREAS, convincing documented evidence as well as experience in this City has shown that sexually oriented businesses, because of their very nature, may have a detrimental effect on the church- es, schools, parks, residential areas and historical/cultural areas adjacent to such establishments, causing undesirable second- v .f ~ ~ ary effects of increased crime and the downgrading of property values; and WHEREAS, the concern over publicly transmitted diseases is one legitimate health concern of the City which demands reasonable regulation of sexually oriented businesses in order to protect the health, safety and welfare of the citizens of the City and visitors thereto; and WHEREAS, Chapter 211 of the Local Government Code authorizes home rule cities to divide a City into districts and regulate the use of property within the districts for the purpose of promoting public health, safety, morals, and for the protection of the general welfare of the community and visitors thereto; and WHEREAS, Section 54.004 of the Local Government Code autho- rizes home rule cities to enforce all ordinances necessary to protect health, life, and property, and to preserve the good government, order and security of the City, its inhabitants and visitors thereto; and WHEREAS, Section 109.57(d) of the Texas Alcoholic Beverage Code expressly allows a municipality to regulate the location of sexually oriented business establishments which are also providing alcoholic beverages; and WHEREAS, the City Council desires to prevent, minimize and control potential and actual undesirable adverse effects and thereby protect and preserve the health, safety, welfare and quality of life of the citizenry of the City of Fort Worth and the visitors thereto; protect its citizens and visitors from criminal -2- activity.; preserve the character and property values of surrounding neighborhoods so as to minimize the spread of urban deterioration and to do so with minimal intrusion into the business operations of existing as well as new sexually oriented businesses in the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF FORT WORTH, TEXAS: SECTION 1. The Comprehensive Zoning Ordinance, Section 18B, "Adult Entertainment Cabarets", Appendix "A" of the Code of the City of Fort Worth, Texas is hereby amended to read as follows: Section 18B. ADULT ENTERTAINMENT CABARETS. A. Purpose and Intent. The following are provided as guidelines for the construction, interpretation and enforcement of this section: 1. This Section 18B applies only to all "Adult Entertainment Cabarets" as defined in Section 18A, Comprehensive Zoning Ordinance, and which also serve or provide alcoholic beverages in conjunction with the sexually oriented business activity. 2. It is the purpose and intent of this Section 18B to regulate adult entertainment cabarets so as to promote the health, safety, and general welfare of the citizens of the City and visitors thereto, and to establish rea- sonable and uniform regulations to prevent the continued concentration of adult entertainment cabarets within the City. 3. This Section intends a balance of the right of the citi- zens 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 U. S. Supreme Court rulings pursuant thereto. 4. This Section is also intended to deter property uses and activities conducted thereon which, directly or indirect- ly, cause or would cause adverse effects on the stability -3- of the immediate neighborhood and community surrounding the adult entertainment cabaret. 5. This Section has neither the purpose nor effect of impos- ing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. 6. Similarly, it is not the purpose or intent of this Sec- tion to restrict or deny lawful access by adults to sexually oriented materials nor to deny access by the distributors and exhibitors of sexually oriented materi- als to their intended market. 7. Similarly, it is not the purpose or intent of this Sec- tion to impose judgment on the content or merits of any Constitutionally protected form of speech or expression. 8. Operators of adult entertainment cabarets are also hereby generally charged with complying with a policy of "keep it indoors and under control". All operators bear first line answerability, directly or indirectly, for aTl uses of the premises and activities conducted thereon. B. Prohibited Locations of Adult Entertainment Cabarets. 1. An operator commits a violation if he/she operates or causes to be operated an adult entertainment cabaret in a zoning district which does not expressly permit that type of use in said zoning district. 2. In addition to being located in a proper zoning district, an operator commits a violation if he/she operates or causes to be operated an adult entertainment cabaret in the City limits of Fort Worth within 1,000 feet of an existing: (a) church; (b) school; (c) public park; (d) residentially zoned property; or (e) designated historical/cultural district; or (f) another sexually oriented business. 3. For the purposes of Subparagraph 2 above, measurement of the 1,000 foot 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 church, school, or sexually oriented business, or from the boundary line of a public park, residentially zoned property or designated historical/cultural district, to -4- the nearest property line of the property sought to be used as a sexually oriented business. 4. Also for the purposes of Subparagraph 2 above, measure- ment of the 1,000 foot distance shall also include churches, schools, public parks, residentially zoned properties, or other sexually oriented businesses which are located in an adjoining City, township or rural land area and which are within 1,000 feet of the property sought to be used as an adult entertainment cabaret in the City of Fort Worth. 5. A person commits a violation if he/she causes or permits the establishment or operation of more than one adult entertainment cabaret on the same property, in the same building or structure, or any portion thereof. 6. An adult entertainment cabaret lawfully operating as a conforming use after December 21, 1993 is not rendered a nonconforming use by the subsequent location of a church, school, public park, residentially zoned property or designated historical/cultural district within 1,000 feet of the adult entertainment cabaret. C. Other Applicable Zoning Regulations All other zoning ordinances and use regulations for sexually oriented businesses as set forth in Section 18A and Section 18C of this Comprehensive Zoning Ordinance shall also apply to adult entertainment cabarets. (See Sections 18A and 18B) D. Provisions for Existing Non-Conforming Uses 1. An adult entertainment cabaret otherwise lawfully operat- ing prior to the effective date of this ordinance that is in violation of the 1,000 foot distance regulation of this Section 18B shall be deemed a nonconforming use. Such nonconforming use shall not be increased, enlarged, extended or altered except that the use may be volun- tarily changed by the operator to a conforming use. 2. Upon the adoption of this Section 18B, and in lieu of the amortization process authorized pursuant to state law and the City's prior versions of Section 18A and 18B, Compre- hensive Zoning Ordinance, a one-time exemption ("grand- father status") from the enforcement of the 1,000 foot distance regulations only as established by Section 18A or Section 18B is hereby provided to the current opera- tors of and only for the following six (6) existing adult entertainment cabaret locations: -5- (a) "Honky Tonk", 2412 East Belknap (b) "Illusions", 7405 Highway 80 West (c) "New Orleans Nights", 7101 Calmont Street (d) "Second Time Around", 1603 N. E. 28th Street (e) "The Showgirl", 4617 Highway 377 South (f) "Sinbad's", 8128 Highway 80 West 3. Hereafter, the operator as of the effective date hereof of each of those locations listed in subparagraph 2 above may continue to operate as an adult entertainment cabaret at their present location so long as the operator remains in on-going compliance with this and the other City ordi- nances applicable to sexually oriented businesses. Any subsequent sale or other transfer of any portion of the business or property shall automatically terminate this one-time exemption. 4. Each current operator of the adult entertainment caba- ret(s) listed in subparagraph 2 above shall receive issuance of one new Specialized Certificate of Occupancy from the Department of Development upon the satisfactory completion of an up-to-date application form pursuant to 18C, Comprehensive Zoning Ordinance, accompanied with the surrender of the business' current certificate of occu- pancy. No charge or fee shall be required by the City for the first new certificate. 5. City Enforcement Personnel shall also cooperate with the Municipal Courts of Fort Worth in seeking dismissal or non-prosecution of any citation written for violations of Section 18A or 18B, Comprehensive Zoning Ordinance, prior to the effective date of this ordinance as to the six (6) locations specified in subparagraph 2 above. 6. The one-time exemption from the enforcement of the 1,000 foot distance regulation shall not in 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. E. Enforcement and Penalties 1. City Code Enforcement Personnel may issue citations for violations of this Section 18B. 2. Each day that a violation is permitted or continues to exist shall constitute a separate violation. 3. When a citation is issued, the person to whom issued shall within ten (10) days make appropriate arrangements in the City's Municipal Courts to either plead guilty, plead no contest or request a docket setting. -6- 4. Any person who is found guilty of a violation under this Ordinance 18B, shall be fined an amount not to exceed Two Thousand and No/100 Dollars ($2,000.00) for each viola- tion. F. Definitions All definitions as set forth in 18A, Subsection G, Comprehen- sive Zoning Ordinance, shall also apply and are hereby incorporated by reference into this Section 18B, Comprehensive Zoning Ordinance. SECTION 2. Unless expressly stated otherwise, these amendments shall not operate to create or extend. any new rights to or of the period for amortization previously provided by the prior Section 18B, Compre- hensive Zoning Ordinance. Unless expressly stated otherwise, these amendments shall not operate to create, modify or extend any prior prohibited locational requirements for existing adult entertainment cabarets. SECTION 3. This Ordinance shall be and is hereby declared to be cumula- tive of all other ordinances of the City of Fort Worth. This Ordinance shall not operate to repeal or affect any other ordi- nance(s) except insofar as the provisions thereof might be incon- sistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance(s) are hereby repealed. SECTION 4. It is hereby declared to be the express intent of the City Council that all of the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any section, paragraph, sentence, clause, or phrase of this ordinance shall be -7- J a declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect the validity of any of the remaining sections, paragraphs, sentenc- es, clauses or phrases of this ordinance, as if the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid section, paragraph, sentence, clause, or phrase. SECTION 5. All of the inspection and enforcement activities by City Enforcement Personnel to ensure compliance with this Ordinance are hereby declared to be governmental functions for the health, safety and welfare of the citizens and visitors to the City of Fort Worth. Any City Enforcement Personnel charged with the enforcement of this Ordinance in the discharge of his/her duties shall not thereby - render himself/herself individually or personally liable for any monetary damages or claims that might accrue to persons or property as a result of an act reasonably or necessarily required or permit- ted while acting in the course and scope of his/her duties. SECTION 6. The caption and penalty clause of this Ordinance shall be published in a newspaper of general circulation in the City of Fort Worth in compliance with the provisions of the City Charter. Further, this Ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. SECTION 7. All of the amendments to Section 18B, Comprehensive Zoning Ordinance, as set forth above shall become effective, thereafter -8- ~„ apply and be subject to enforcement as to all existing as well as all future adult entertainment cabarets immediately upon the passage of this Ordinance by the City Council. All prior provi- sions already contained in Section 18B prior to these amendments and not expressly modified herein shall remain in full force and effect without interruption or extension by the amendments made hereto. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ 2 ~ 2 ~ - ~ 3 ADOPTED • ~ a' ` ~~ ~ ~`I G~ EFFECTIVE • ~~ ~ ~ ~ _/ -9-