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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-