HomeMy WebLinkAboutOrdinance 114761 `
~ ~ i
5
-e0~
ORDINANCE NO . 1 ~
AN ORDINANCE CREATING THE NEW SECTION 18C "SPECIALIZED
CERTIFICATES OF OCCUPANCY FOR ALL SEXUALLY ORIENTED
BUSINESSES", AN AMENDMENT TO THE COMPREHENSIVE ZONING
ORDINANCE 3011, APPENDIX "A" OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (AS AMENDED); PROVIDING FOR THE RE-
QUIREMENTS OF SPECIALIZED CERTIFICATES OF OCCUPANCY FOR
ALL SEXUALLY ORIENTED BUSINESSES; PROVIDING REQUIREMENTS
FOR THE APPLICATION FOR AND ISSUANCE OF A SPECIALIZED
CERTIFICATE; PROVIDING FOR THE ISSUANCE OF AN AMENDED OR
MODIFIED CERTIFICATE; PROVIDING PROCEDURES FOR THE
APPEAL OF A DENIAL OF AN APPLICATION; PROVIDING THAT A
SPECIALIZED CERTIFICATE IS NON-TRANSFERABLE; PROVIDING
FOR THE EXPIRATION AND RENEWAL OF A CERTIFICATE; PROVID-
ING FOR THE SUSPENSION OF A SPECIALIZED CERTIFICATE;
PROVIDING FOR THE REVOCATION OF A SPECIALIZED CERTI-
FICATE; PROVIDING PROCEDURES FOR THE APPEAL OF A SUS-
PENSION, REVOCATION OR DENIAL OF A RENEWAL APPLICATION
FOR A SPECIALIZED CERTIFICATE; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR DEFINITIONS; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL CITY ORDINAN-
CES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE
CLASSIFICATION AS GOVERNMENTAL FUNCTIONS; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER AND IN PAMPHLET
FORM; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth is a home-rule municipality
acting under its Charter duly adopted by the electorate pursuant
to Article XI, Section 5 of the Texas Constitution, as well as
x
acting pursuant to Chapter 9 of the Texas Local Government Code;
t
and 1
WHEREAS, there are several sexually oriented business
establishments in the City that necessitate specialized regula-
tions regarding certificates of occupancy, zoning use regulations,
zoning, police, inspection and police requirements in order to
protect and preserve the health, safety and welfare of the patrons
of such businesses, as well as of the surrounding neighborhoods
and residents thereof; and
r ;
s ,
WHEREAS, convincing documented evidence as well as experience
in this City has show that sexually oriented businesses, because
of their very nature, may have a detrimental effect on the sur-
rounding churches, schools, parks, residential areas and histori-
cal/cultural areas adjacent to such locations, causing undesirable
secondary 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
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, and 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 establishment which are also providing
alcoholic beverages; and
-2-
WHEREAS, the City Council desires to prevent, minimize and
control these potential and actual adverse effects and thereby
protect the health, safety and welfare of the citizenry of the
City of Fort Worth and the visitors thereto; protect its citizens
and visitors from criminal activity; preserve the character and
property 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, Appendix "A" of the Code
of the City of Fort Worth, Texas is hereby amended by adding a new
Section 18C, "Specialized Certificates of Occupancy for All
Sexually Oriented Businesses", to read as follows:
SECTION 18C. SPECIALIZED CERTIFICATES OF OCCUPANCY FOR ALL SEX-
UALLY ORIENTED BUSINESSES
A. Specialized Certificate of Occupancy Required
1. A person shall not cause the establishment, operation or
continuation of a sexually oriented business as defined
or subject to regulation in Section 18A or Section 18B,
Comprehensive Zoning Ordinance, without first obtaining
a valid Specialized Certificate of Occupancy for a
sexually oriented business, duly issued by the City of
Fort Worth expressly allowing 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 require-
ment of obtaining and thereafter maintaining a valid
specialized certificate of occupancy.
3. A person shall not cause the establishment, operation or
continuation of a sexually oriented business establish-
ment under any other form of certificate of occupancy,
-3-
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 Occuuanc
1. Any person, association, firm, partnership or corpora-
tion or other entity desiring to obtain a specialized
certificate of occupancy for a sexually oriented busi-
ness shall make application on a form(s) provided by the
City's Department of Development. The applicant shall
also furnish any and all necessary supporting documents
as required by the application.
2. If an applicant is an individual, he/she must sign the
application form as "applicant". If the applicant is
other than an individual, each person or entity who has
an investment or ownership interest in the business
entity must also sign the .application as an "applicant".
3. An application on behalf of a corporation or partnership
must provide sufficient documentation with the applica-
tion to identify all corporate shareholders and direc-
tors or .partners. Subsequent corporate sales, mergers,
changes in shareholders or changes in partners shall be
registered with the Department of Development immediate-
ly upon completion of the documentation evidencing the
transaction. All subsequent shareholders and directors
or partners must be identified and shall be subject to
qualification and compliance with the requirements for
obtaining the specialized certificate.
4. The application must be accompanied by a scale drawing
of the floor plan(s) showing 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 sign-
age intended to be displayed elsewhere in the City
to advertise the business;
(c) the location of one or more manager's stations or
office;
(d) the location of all electrical wiring and fix-
tures, including but not limited to lighting fix-
tures, sound systems, special effects equipment,
-4-
video display equipment, video surveillance sys-
tems, etc.;
(e) designation of any portion of the premises in
which customers will not be permitted or in 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 premis-
es, its customers and employees; and
(g) a designation of the place(s) at which the spe-
cialized certificate of occupancy, a copy of the
floor plan(s), and other necessary permits, licen-
ses and signage will be conspicuously posted.
5. A professionally prepared diagram in the nature of an
engineer's or architect's blueprint is recommended but
shall not be required. Each diagram shall be oriented
to the north or to some designated street or landmark.
Each 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.
6. The Director of the Department of Development may waive
the foregoing diagram requirements only for renewal
applications if the applicant expressly adopts by refe-
rence 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.
7. All applications shall be accompanied by a nonrefundable
application fee of Five Hundred and No/100 Dollars
($500.00). An application shall not be considered to
have been filed until all applicable fees are paid and
all information required by the application form has
been submitted.
8. A one-time waiver of the application fee only is hereby
granted to those sexually oriented businesses in opera-
tion as a lawful conforming zoning use prior to the
effective date of this Section 18C. Upon satisfactory
completion of the application -and surrender of the
existing business' current certificate of occupancy, a
new specialized certificate shall be issued.
9. A copy of all applications and supporting documentation
for specialized certificates of occupancy shall be
maintained in the Department of Development.
-5-
C. Issuance of Orictinal Specialized Certificate of Occupancy
1. The Department of Development shall approve the issuance
of a specialized certificate of occupancy to an appli-
cant within sixty (60) days after all conditions re-
quired for the application have been satisfied. Howev-
er, the Department shall deny issuance. of the certifi-
cate if one or more of the following are found to be
true:
(a) The location of the establishment would be in vio-
lation of the applicable zoning district classifi-
cation for the intended property use.
(b) The location would be in violation of a 1,000 foot
distance regulation as set forth in either Section
18A or Section 18B of this Comprehensive Zoning
Ordinance.
(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 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 pre-
mises would be in violation of the applicable pro-
visions regarding accessibility, visibility and
inspection as set forth in Section 18A or Section
18B of this Comprehensive Zoning Ordinance.
(g) The structure, configuration and layout of the
premises would be i:n violation of, or are not in
compliance with, all other applicable City ordi-
nances, Fire Code or 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 en-
forceable right to acquire the same.
(i) An applicant is under eighteen (18) years of age.
-6-
(j) An applicant is under twenty one (21) years of age
and the sale or serving of alcoholic beverages
would be an aspect of the business.
(k) An applicant or an applicant's spouse has been
convicted of a criminal offense within the last
ten (10) years involving any of the following of-
fenses set forth in the Texas Penal Code:
(1) Chapter 22, Texas Penal Code: Sexual assault
or aggravated sexual assault;
(2) Chapter 25, Texas Penal Code: Incest, solici-
tation of a child or harboring a runaway
child;
(3) Chapter 43, Texas Penal Code: Prostitution,
promotion of prostitution, aggravated promo-
tion of prostitution, compelling prostitu-
tion, obscenity, display or distribution,
sale, distribution or display of harmful ma-
terial to a minor, sexual performance by a
child, employment harmful to minors, posses-
sion or promotion of child pornography; or
(4) Criminal attempt, conspiracy or solicitation
to commit any of the foregoing offenses.
2. An applicant who has been convicted or whose spouse has
been convicted of a criminal offense listed in Subsec-
tion C.1.(k) immediately above may obtain a specialized
certificate of occupancy only after the time period
required for satisfactory completion has elapsed and
full release has been received from all conditions
imposed regarding confinement, parole, or probation,
whichever is the later date.
3. 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 es-
tablishment;
(c) a description of specifically what type of sexu-
ally oriented business operation has been approved
to be conducted on the premises; and
(d) the expiration date.
-7-
D.
E.
4. When issued, the certificate
property of the City and shall
operator and location for which
and shall not be sold, loaned
to any other person, subsequent
or to another location.
shall remain the sole
be valid only as to the
it was originally issued
or otherwise transferred
operator of the business
5. The certificate as well as a copy of the currently
approved floor plan shall be continually displayed in a
conspicuous place within the establishment.
Issuance of Amended or Modified Certificates of Occupancy
1. In the event a lawfully operating sexually oriented
business subsequently desires to modify its operations
by varying the type of entertainment or activity provi-
ded to another type which is not authorized in the
operator's current specialized certificate, the operator
shall notify the Department of Development in writing
thirty (30) days in advance, apply for and acquire prior
written approval for the modification, up to and includ-
ing an amended or modified specialized certificate of
occupancy, if necessary. The Department of Develop-
ment's approval or denial shall be made within thirty
(30) days of receipt of said written request from the
operator.
2. A non-refundable processing fee of Two Hundred Fifty and
No/100 Dollars ($250.00) shall be required for obtaining
an amended or modified certificate. The amended or
modified certificate shall expire on the same date as
the original certificate.
3. If the operator asserts that request has been wrongfully
or erroneously denied, the operator may appeal the
denial to the Zoning Board of Adjustment according to
Subsection E below.
Appeal of a Denial of an Application
1. If the Department of Development denies the issuance of
a specialized certificate of occupancy, written notice
shall be provided to the applicant(s) of such action
within sixty (60) days after receipt of the application.
2. 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.
-8-
3. If a written request for reconsideration is received,
the application and supplemental information shall be
reconsidered and a response provided within ten (10)
working days after the request is received.
F.
4. Upon receipt of notice of denial of the reconsidered
application, the applicant shall have the right to
appeal the denial to the Zoning Board of Adjustment
within thirty (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 clear and concise statement of the factual
basis or grounds for the appeal. The request for appeal
shall also be accompanied with a non-refundable fee of
Three Hundred Fifty and No/100 Dollars ($350.00).
6. The appeal hearing shall be scheduled and conducted
according to the Zoning 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 evi-
dence to establish that the application was erroneously
or mistakenly denied by the Department of Development.
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 Department of Development and
is otherwise shown to comply with all other require-
ments for an application. If not shown to be denied by
error or mistake, the Board of Adjustment shall affirm
the Department's denial.
Specialized Certificate of Occupancy Nontransferable
1. A person commits a violation if he/she operates a
sexually oriented business under a specialized certifi-
cate of occupancy in any name or at any location other
than the original name and address originally designated
on the face of the certificate.
2. A person commits a violation if he/she wrongfully coun-
terfeits, forges, changes, defaces or alters a special-
ized certificate of occupancy. Any certificate wrong-
fully altered shall automatically be deemed void and
invalid.
3. If corporations that have substantially similar owner-
ship merge or consolidate, a fee of One Hundred and No/
-9-
100 Dollars ($100.00) shall be paid for each sexually
oriented business holding a specialized certificate that
is merged or consolidated into the surviving corpora-
tion. The surviving corporation succeeds to all privi-
leges of the prior 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 18C. For the
purposes of this subsection, corporations have "substan-
tially 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 corpo-
rations, or if the surviving corporation has maintained
an ownership interest in the merged or consolidated
corporations since the date the original specialized
certificate of occupancy was issued.
4. The City's Specialized Certificate of Occupancy is not
property to be inherited 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 Department of Development in
writing of the status of business operations, the per-
sons controlling the estate, and those heirs or other
persons involved in settling the estate. Any person
desiring to continue the sexually oriented business must
meet all requirements of new applicants and receive a
new Specialized Certificate in their own name prior 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 in
whose name the certificate was. issued.
5. The City's Specialized Certificate of Occupancy is not
property to be listed as an "asset" or otherwise trans-
ferred for purposes of resolution in bankruptcy. If an
operator files a petition in Bankruptcy seeking protec-
tion as a failing business, the operator shall also
immediately deliver true and correct copies of documen-
tation of same to the Department of Development.
G. Expiration and Renewal of a Certificate
1. A specialized certificate of occupancy shall automat-
ically expire two (2) years from the date of original
issuance unless timely renewed.
2. The operator holding a specialized certificate issued
under this Section 18C may renew the certificate rather
than reapply for an original certificate if, not later
-10-
than thirty (30) days prior to the expiration of the
certificate, the operator files and receives approval of
a renewal application.
3. Application for renewal shall be made to the Department
of Development on the form(s) prescribed and accompanied
with payment of the nonrefundable processing fee of Five
Hundred and No/100 Dollars ($500.00). 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 may be considered as the
basis for the denial of the renewal application.
5. A public hearing may be held by the City Council regar-
ding a renewal application when a written petition for a
hearing, which includes the factual basis for the hear-
ing, is presented to the City Council which is signed by
twenty-five (25) percent or more of the residents or
property owners located within 1,000 feet of any prop-
erty line of the premises of the sexually oriented busi-
ness. The purpose of the hearing will be to determine
whether the petitioners have demonstrated that the
sexually oriented business has, or will likely, cause
undesirable and material secondary impacts on the imme-
diate neighborhood within said 1,000 foot radius. If
so, the Council may either direct that the application
for renewal be denied, or grant the renewal with addi-
tional conditions directed to eliminate or reduce the
undesirable secondary impacts.
6. If the Department of Development denies an application
for renewal, the operator may appeal the decision to the
City Manager as provided in Subsection J hereafter.
H. Suspension of Specialized Certificate of Occupancy
1. The Director of the Department of Development may also
temporarily suspend a specialized certificate of oc-
cupancy if it is determined that the operator committed,
condoned or knowingly or recklessly allowed an act(s) or
omission(s) to occur on the premises of the establish-
ment which:
(a) is a material violation of the regulations set
forth in Section 18A, 18B or 18C of this Compre-
hensive Zoning Ordinance, as applicable; or
-11-
(b) is a material violation of o
and ordinances so as to cause
es to constitute a "nuisanc
neighborhood, including but n
mon or a public nuisance as
125.001, et seq., Texas Civil
dies Code, or Section 23=8 of
of Fort Worth; or
they applicable laws
or allow the premis-
e" to the immediate
of limited to a com-
defined by Section
Practice and Reme-
the Code of the City
(c) constitutes grounds for revocation as set forth in
Subsection I hereafter; or
I.
(d) formed the basis for the operator's conviction of
three (3) or more offense(s) under Section 23-18,
"Sexually Oriented Business Offenses", of Chapter
23 "Offenses and Miscellaneous Provisions" of the
Code of the City of Fort Worth.
2. The period of suspension may be continued day-to-day
until the matter forming the basis of the suspension is
corrected or abated to the satisfaction of the Depart-
ment of Development, but in no event for more than sixty
(60) days. If not satisfactorily corrected or abated
within sixty (60) days, the Department of Development
shall initiate appropriate action to revoke the certifi-
cate per subsection I below.
3. A suspension may be appealed to the City Manager as
provided in Subsection J below.
Revocation of Specialized Certificate of Occupancy
1. The Director of the Department of Development may in-
definitely revoke a specialized certificate of occupancy
if it is determined that:
(a) Cause for suspension as provided in Subsection H
above has occurred, and the certificate has been
previously suspended for any reason at least two
(2 ) times in the preceding twenty-four ( 24 ) month
period; or
(b) A certificate has been suspended as per Subsection
H above and the basis for the suspension has not
been satisfactorily corrected or abated for at
least sixty (60) days; or
(c) The operator gave false or fraudulent information
in the application or otherwise acquired the cer-
tificate under false pretenses; or
-12-
(d) The operator or knowingly operated, provided or
permitted sexually oriented business activity or
entertainment to occur on the premises during a
period of time when the specialized certificate was
suspended; or
(e) The operator has been convicted of a criminal
offense under Chapter 22, Chapter 25, or Chapter 43
of the Texas Penal Code and for which the time
period or other action required for satisfactory
completion and full release has not been received
from all conditions imposed regarding confinement,
parole, or probation; or
(f) The operator knowingly allowed or participated in
the unlawful possession, use or sale of controlled
substances on the premises; or
(g) The operator knowingly allowed or participated in
prostitution, or its solicitation, or unlawful
offenses of a similar nature to take place on the
premises.
2. Prior to imposing any particular form of suspension or
revocation, the Director of the Department of Develop-
ment may attempt lesser forms of corrective action to
correct or abate violations. However, nothing herein
shall prohibit the Director of Development from procee-
ding to the appropriate level of suspension or revoca-
tion if the operator's misconduct or violation(s) war-
rants the degree of suspension or revocation imposed.
3. A revocation may be appealed to the City Manager as pro-
vided in Subsection J hereafter.
J. Appeal of a Suspension., Revocation or Denial of a Renewal
Application
1. All final actions of the Department of Development con-
cerning denial of an application, suspension or revoca-
tion shall be appealable to the City Manager for review
and reconsideration. A request for an appeal and review
by the City Manager shall be submitted in writing within
ten (10) working days of the final action of the Depart-
ment of Development and shall include a clear and con-
cise statement of the basis or grounds for the appeal as
well as the requested action desired.
2. Unless circumstances necessitate City Manager action
pursuant to Chapter 27 "Enforcement, Legal Procedures
and Penalties" for violations of this Comprehensive
Zoning Ordinance, the otherwise lawful use of the pre-
-13-
mises and the activity thereon shall be permitted to
temporarily continue on a lawful "status quo" basis
pending the appeal of a denial of an application, a sus-
pension or a revocation. However, City Enforcement Per-
sonnel may continue to inspect for, document and issue
citations for each separate violation which may occur
pending the City Manager's review and the City Council's
final actions on the appeal.
3. Within fifteen (15) working days after receipt of the
appeal, the City Manager shall then present a written
recommendation to the City Council.
4. The party making the appeal shall be provided the op-
portunity to present the basis for the appeal to the
City Manager and/or City Council in open session prior
to final action by the Council.
5. At the appeal presentation, the party making the appeal
shall bear the burden of proof as to disputed factual
matters to produce a preponderance of the evidence to
compel modification of the City Manager's recommenda-
tion.
6. At the appeal presentation, the party making the appeal
may also present evidence as to other defensive, miti-
gating or affirmative matters evidencing that their
actions or omissions were in the exercise of due dili-
gence in attempting to comply with State laws, City
ordinances and regulations and did not encourage, con-
done or otherwise allow the violation(s) to occur.
7. The City Council may thereafter meet in closed executive
session to seek the legal advice of the City Attorney
before ruling on the appeal.
8. The final action of the City Council shall be made with-
in thirty (30) days of receipt of the City Manager's
recommendation, shall be voted on and announced in open
session, and thereafter followed by appropriate written
communication.
9. The party making the appeal may challenge the City
Council's final action by filing a petition in District
Court.
L. Enforcement and Penalties
1. City Code Enforcement Personnel may issue citations for
violations of this Section 18C.
-14-
2. Each day that a violation is permitted or continues to
exist shall constitute a separate violation.
3. When issued, the person to whom the citation was 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.
4. Any person who is convicted of a violation under this
Ordinance 18C, Comprehensive Zoning Ordinance, shall be
fined an amount not to exceed Two Thousand and No/100
Dollars ($2,000.00) for each violation.
M. Definitions
All definitions as set forth in Section 18A, Subsection G,
Comprehensive Zoning Ordinance, are herein incorporated by refer-
ence as also being applicable to this Section 18C, Comprehensive
Zoning Ordinance.
SECTION 2.
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 3.
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
declared unconstitutional or otherwise unenforceable by the valid
judgment or decree of any court of competent jurisdiction, such
-15-
declaration shall not affect any of the remaining sections, para-
graphs, sentences, 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, para-
graph, sentence, clause or phrase.
SECTION 4.
All of the inspection and enforcement activities by City
Enforcement Personnel to ensure compliance with this ordinance are
hereby declared to be governmental functions and 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 personal-
ly liable for any monetary damages or claims that might accrue to
persons or property as a result of an act reasonably or necessar-
ily required or permitted while acting in. the course and scope of
his/her duties.
SECTION 5.
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.
-16-
r
y c ' e.
~ re
SECTION 6.
The entire and newly created Section 18C, Comprehensive
Zoning Ordinance, as set forth above shall become effective,
thereafter apply and be subject to enforcement as to all existing
as well as all future sexually oriented businesses immediately
upon the passage of this Ordinance by the City Council and publi-
cation as required by law.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date : ~ Z ~Z ~ - ~ 3
ADOPTED • ~ a- "°~` ~ ' ~ ~~
EFFECTIVE: I„Z" ~~'-~3
-i7-