HomeMy WebLinkAboutOrdinance 11480i~~
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ORDINANCE NO.
AN ORDINANCE CREATING THE NEW SECTION 23-18 "SEXUALLY
ORIENTED BUSINESS OFFENSES," AN AMENDMENT TO CHAPTER 23,
"OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE OF
THE CITY OF FORT WORTH (AS AMENDED); PROVIDING A STATE-
MENT OF PURPOSE AND INTENT; PROVIDING FOR OFFENSES FOR
MISCONDUCT ON THE PREMISES OF A SEXUALLY ORIENTED BUSI-
NESS; PROVIDING ADDITIONAL OFFENSES RELATED TO ESCORT
AGENCIES, OUTCALL BUSINESSES, NUDE MODELING BUSINESSES,
ADULT THEATERS, ADULT MOTION PICTURE THEATERS, AND ADULT
MOTELS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PRO-
VIDING FOR DEFINITIONS; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVID-
ING CLASSIFICATION AS GOVERNMENTAL FUNCTIONS; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, The City of Fort Worth, Texas, is a home-rule
municipality acting under its Charter duly adopted by the elec-
torate pursuant to Article XI, Section 5 of the Texas Constitu-
tion, as well as acting pursuant to Chapter 9 of the Texas Local
Government Code; and
WHEREAS, there are several sexually oriented business estab-
lishments and enterprises in the City that necessitate specialized
regulations regarding 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 and
activities, because of their very nature, may have a detrimental
effect on other persons utilizing the City's churches, schools,
parks, residential areas and historicallcultural areas adjacent to
such establishments and activities, causing undesirable secondary
effects of increased crime and the downgrading of property values;
and
WHEREAS, the public concerns regarding publicly transmitted
diseases is one legitimate health concern of the City which
demands reasonable regulation of sexually oriented businesses and
activities in order to protect the health, safety and welfare of
the citizens of the City 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, The City Council desires to prevent, minimize and
control potential or 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 the citizens and visitors from criminal
activity; preserve the character and property values of surround-
ing neighborhoods so as to minimize the spread of urban deteriora-
tion;.and to do so with minimal intrusion into the business opera-
tions and activities 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
Chapter 23, "Offenses and Miscellaneous Provisions" of the
Code of the City of Fort Worth, Texas is hereby amended by creat-
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ing the new Section 23-18, "Sexually Oriented Business Offenses"
to read as follows:
Section 23-18. SEXUALLY ORIENTED BUSINESS OFFENSES
A. Purpose and Intent
The following are provided for guidelines for construction,
interpretation and enforcement of this section:
1. It is the purpose and intent of this Section 23-18 to estab-
lish reasonable and uniform regulations relative to conduct ""
on the premises of a sexually oriented business so as to
protect and promote the health, safety, and general welfare
of the citizens of the City and visitors thereto.
2. This Section 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 while in accordance with the guidelines of the Consti-
tution of the United States and U. S. Supreme Court rulings
pursuant thereto.
3. This Section is also intended to deter conduct and activities
which, directly or indirectly, causes or would cause adverse
effects on the stability of the immediate neighborhood and
community surrounding the sexually oriented business.
4. This Section has neither the purpose nor effect of imposing a
limitation or restriction on the content of any communicative
materials, including sexually oriented materials.
5. Similarly, it is not the purpose or intent of this Section to
restrict or deny lawful access by adults to sexually oriented
materials nor to deny access by the distributors and exhibi-
tors of sexually oriented materials to their intended market.
6. Similarly, it is not the purpose or intent of this Section to
impose judgment on the content or merits of any Constitution-
ally protected form of speech or expression.
7. Operators of sexually oriented businesses or activities 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 all
uses of the premises and activities conducted thereon.
B. Sexually Oriented Business Offenses•
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Fort Worth Police Department Officers may issue citations for
the following offenses which occur on the premises of a sexually
oriented business at any time the establishment is occupied or
open for business:
1. An operator, manager, employee, entertainment personnel
or other person, including customers, commits an offense
if he/she refuses to permit or interferes with lawful
inspection or enforcement activities of City Enforcement
Personnel on any portion of the premises or of any
aspect of the activities being conducted therein.
2. An operator, manager, employee, or entertainment person-
nel commits an offense if he/she refuses to furnish
information or documentation requested by City Enforce-
ment Personnel pertaining to inspection or law enforce-
ment activities on the premises or of the activities
being conducted therein.
3. An operator, manager, .employee, or entertainment
personnel commits an offense if he/she knowingly main-
tains any portion of the premises in a manner so as to
not permit or to unreasonably interfere with inspections
or enforcement activities by City Enforcement Personnel.
4. An operator, manager, employee or entertainment person-
nel commits an offense if he/she knowingly permits or
allows any customer access to any area of the premises
which has been designated as an area not open to cus-
tomers as per the floor plan approved by the Department
of Development pursuant to Section 18C, Comprehensive
Zoning Ordinance.
5. An operator commits an offense if helshe fails to main-
tain 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 ac-
tivities, employees and entertainment personnel. The
"operator" and "manager" may be the same person.
6. An operator commits an offense if he/she knowingly
employs or engages the service of any person under
eighteen (18) years of age as an employee or entertain-
ment personnel for the sexually oriented business.
7. A person under the age of eighteen (18) years of age
commits an offense if helshe enters or remains within
the premises of a sexually oriented business while the
establishment is open for business.
8. A person commits an offense if he/she appears in a
"state of nudity" or engages in "specified sexual
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activities" on any portion of the premises outside the
building which is capable of being viewed from a public
street or right-of-way.
9. An operator commits an offense if he/she operates or
allows 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 may be 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.
10. The operator commits an offense by failing to maintain
on the premises at all times a current copy of all City
ordinances regarding or regulating sexually oriented
business activity. The operator shall maintain current
copies of current ordinances so as to keep all managers,
employees and entertainment personnel duly advised of
the applicable City Ordinances regarding the sexually
oriented business, and its permitted as well as pro-
hibited activities, so as to minimize prospective vio-
lations and offenses on the premises.
11. An operator commits an offense if he/she operates a
sexually oriented business without maintaining a current
registration card or file on the premises clearly iden-
tifying 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 identifi-
cation number);
(h) Social Security number; and
(i) Color photograph of full face view.
12. For the purposes of subsection 11 immediately above, an
employee or entertainment personnel commits an offense
by:
(a) providing false or deceptive information to the
operator; or
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(b) by failing to timely update and provide to the
operator within fourteen (14) days any changes in
the required information.
C.. Escort Agency Offenses
Tn addition to those offenses set forth in subsection B.
above, citations may be issued for the following:
1. An operator commits an offense if helshe employs for or
on behalf of an escort agency any person under eighteen
(18) years bf age for the purposes of acting as an
escort or providing escort services for a customer.
2. An operator, manager or employee commits an offense if
helshe acts as an escort for any person under eighteen
(18).years of age.
D. Outcall Business Offenses
Tn addition to those offenses set forth in subsection B.
above, citations may be issued for the following:
1. An operator commits an offense if he/she employs for ar
on behalf of an outcall business any person under eigh-
teen (18) years of age for the purposes of acting as an
outcall person or providing outcall services for a
customer.
2. An operator, manager or employee commits an offense if
he/she acts as an outcall person for any customer under
eighteen (18) years of age.
E. Nude Modeling Business Offenses
In addition to those offenses set forth in subsection B.
above, citations may be issued for the following:
1. An operator commits an offense if he/she employs at a
nude modeling business any person under eighteen (18)
years of age for the purpose of acting as a live nude
model for customers.
2. 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 nude modeling business.
F. Adult Theater and Adult Motion Picture Theater Offenses
In addition to those offenses set forth in subsection B.
above, citations may be issued for the following:
1. An operator commits an offense if helshe employs a
person under the age of eighteen (18) years to appear in
a "state of nudity" or "simulated nudity" for customers
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on the premises of an adult theater or adult motion
picture theater.
2. A person under the age of eighteen (18) years 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.
G. Adult Motel Offenses
In addition to those offenses set forth in subsection B.
above, an operator, manager or the person otherwise in control of
a sleeping room in a hotel, motel, or similar commercial estab-
lishment, commits an offense if he/she rents or subrents a sleep-
ing 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.
H. Enforcement and Penalties
1. City Police Department Officers may issue citations for
offenses of this Section 23-18.
2. When a citation is issued, the person to whom the cita-
tion was issued shall within ten (10) days make appro-
priate arrangements in the City's Municipal Courts to
either plead guilty, plead no contest or request a
docket setting.
3. Any person wha commits an offense under this Section 23-
18, as amended, shall be charged by written citation of
a Class "C" Misdemeanor Criminal Offense, and. ugon
conviction thereof shall be fined an amount not to
exceed Five Hundred and No/100 Dollars ($500.00) for
each offense.
4. In the event that an act(s) or omission(s) as set forth
in this Ordinance as an "offense" also constitutes a
chargeable criminal offense as a Class "A" or Class "B"
Misdemeanor, or of any type of Felony offense as provid-
ed by the Texas Penal. Code, then City Police Department
Officers shall also take appropriate action for the
enforcement of said violations of the Texas Penal Code.
I. Definitions
The following terms shall, for the purposes of this Section
23-18, have the meanings set forth below. The following
terms are not necessarily mutually exclusive as one sexually
oriented business operation may provide more than one form of
activity, entertainment or merchandise.
1. A "Sexually Oriented Business" shall mean and include
any commercial venture whose operations include:
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(a) the providing, featuring or offering of employees
or entertainment personnel who appear on the pre-
mises while in a state of nudity or simulated nu-
dity and provide live performances or entertain-
ment for customers; or
(b) as a "principal business operation" as defined
herein, (35~ or more) provides, features or offers
non-live, sexually explicit entertainment, materi-
als, or items for sale or rental to customers; or
provides or offers a service or exhibition of ma-
terials or items which are intended to provide
sexual stimulation or sexual gratification to its
customers, said materials or items being distin-
guished by or characterized by an emphasis on sub-
ject matter depicting, describing or relating to
"specified sexual activities" andlor "specified
anatomical areas"; and
(c) shall include but is not limited to any form of
Sexually oriented business, adult arcade, adult
bath, adult bookstore, adult video store, adult
cabaret, adult entertainment cabaret, adult motel,
adult motion picture theater, adult theater, nude
modeling business, massage parlor, nude modeling
studio, adult wrestling establishment, adult out-
call establishment, escort agencies, sexually ori-
ented encounter center, or other business estab-
lishment conducting sexually oriented activity as
defined or regulated herein.
2. The term "sexually oriented business" shall not be
construed to include:
(a) an otherwise lawfully operating retail business
which does not offer or feature sexually explicit
merchandise or material for sale or rental to cus-
tomers as a "principal business operation" (35$ or
less) and does not offer or feature any form of
live sexually oriented entertainment;
(b) Any clothing. business offering wearing apparel for
sale to customers but does not exhibit merchandise
on live models;
(c) A bar, nightclub or lounge that occasionally pro-
motes a swimsuit or similar contest in which the
contestants do not appear "nude" or in "a state of
nudity";
(d) Any medical practice operated by or employing li-
censed psychologists, physicians, physical
therapists, registered nurses, chiropractors, or
athletic trainers engaged in practicing the heal-
ing arts; or
(e) Any educational courses conducted at a proprietary
school licensed by the State of Texas; or conduct-
ed by a private college or university which main-
tains and operates educational programs in which
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credits are transferrable to a junior college,
college or university licensed by the State of
Texas; and where in order to participate in a
class a student must enroll at least three days in
advance of the class and where no more than one
nude model appears before the class at any one
time.
3. "Adult Arcade" means any place to which the public is
permitted or invited wherein coin-operated or slug-
operated or electronically, electrically, or mechani-
cally controlled still or motion picture machines,
projectors, or other image-producing devices are main-
tained to show images to five or fewer persons per
machine at any one time, and where the images so
displayed are distinguished or characterized by an
emphasis on matters exhibiting, depicting or describing
"specified sexual activities" or "specified anatomical
areas" as defined herein.
4. "Adult Bookstore" and "Adult Video Store" shall mean a
commercial establishment which regularly offers for sale
or rental any one 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 exhibit-
ing, depicting or 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.
5. "Adult Entertainment Cabaret" means a nightclub, bar,
lounge, or similar commercial establishment which pro-
vides or features to customers live performances by
employees. or entertainment personnel which are distin-
guished or characterized by any one 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 "nudity", "state of nudity" or "s-
imulated nudity"; or
(d) a combination of any of the above.
6. "Adult Motel" means a hotel, motel or similar commercial
establishment which rents or otherwise permits a roam to
be occupied in exchange for any form of consideration,
and also:
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(a) offers accommodations to the tenant or occupier of
the room for any television transmissions, films,
motion pictures, video cassettes, slides, or other
photographic reproductions which are distinguished
or characterized by an emphasis on matters exhib-
iting, 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
subrent the room for a period of time that is less
than ten (10) hours.
(d) Evidence that a sleeping room in a hotel, motel or
similar commercial establishment has been rented
and vacated two or more times in less than a ten
(10) hour period creates a rebuttable presumption
that the establishment is operated as an adult
motel.
7. "Adult Motion Picture Theater" means a commercial estab-
lishment which regularly features non-live performances
or entertainment such as films, motion pictures, video
cassettes, slides, or similar photographic reproductions
which are distinguished or characterized by an emphasis
on matters exhibiting, depicting or describing "speci-
fied sexual activities" and/or "specified anatomical
areas".
8. "Adult Theater" means a theater, concert hall, audi-
torium, or similar commercial establishment which regu-
larly features persons who appear in a state of nudity,
or features live performances which are distinguished or
characterized by an emphasis on the exposure of "speci-
fied anatomical areas" or by an emphasis on "specified
sexual activities".
9. "City Enforcement Personnel" means an authorized repres-
entative of any of the following departments or divi-
sions:
(a) Department of Development
(b) Code Enforcement Division
(c) Health Department
(d) Fire Department
(e) Police Department
(f) Marshal's Office
10. "Customer" means any person who:
(a) enters the premises of and patronizes a sexually
oriented business, whether or not in return for
the payment of an admission fee or any other form
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of consideration, gratuity or as a guest of a mem-
ber; or
(b) purchases, rents, receives or otherwise partakes
of any sexually oriented merchandise, goods, en-
tertainment or other services while on the premis-
es.
11.
"Employee" means any person working on the premises of a
sexually oriented business who receives any form of
compensation, including tips or gratuities, from the
operator, manager, customers, other employees or enter-
tainment personnel and in exchange therefore:
(a) renders any work, service, performance or exhibi-
tion whatsoever, directly or indirectly, to or for
a customer; or
(b) renders any other support service whatsoever, di-
rectly or indirectly, for or on behalf of the fur-
therance of the business operations; and
(c) shall include but is not necessarily limited to
bartenders, cashiers, dancers, disc jockeys, es-
corts, hosts, hostesses, models, masseurs, outcall
persons, strippers, models, waiters, waitresses,
or other persons working on or about the premises.
12. Sexually oriented "Entertainment" means any variety of
live or non-live performances or exhibitions provided
which are distinguished or characterized by an emphasis
on matters exhibiting, depicting or engaging in "speci-
fied. sexual activities", or while exposing "specified
anatomical areas", or which provides sexual gratifica-
tion or sexual stimulation to customers.
13. "Entertainment Personnel" means any person, including
persons traditionally regarded as "independent contrac-
tors", who receives any form of compensation, including
tips or gratuities, from the operator, customers, em-
ployees or other entertainment personnel and in exchange
therefore:
(a) renders any live entertainment, service, perfor-
mance or exhibition whatsoever, directly or indi-
rectly, to or for a customer or the furtherance of
the business operation; and
(b) shall include but is not necessarily limited to
bartenders, cashiers, dancers, disc jockeys, es-
corts, hosts, hostesses, models, masseurs, outcall
persons, strippers, models, waiters, waitresses,
or other persons working in the furtherance of the
business operation.
14. "Escort Agency" means a commercial venture that provides
employees or entertainment personnel who, in exchange
for a fee, commission, tip or other consideration
"dates" a customer, but shall not include persons en-
gaged in legitimate, non-sexually oriented activities or
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services such as licensed private nurses, licensed
physical therapists, aides for the elderly or handi-
capped, social secretaries, or similar persons whose
business or service relationship with their patron is
not characterized by sexually oriented activities.
15. "Massage" means any method by which a person utilizes
his or her hands, feet or an instrument for treating the
superficial parts of a customer's body for medical,
hygienic, exercise, entertainment, relaxation, or stim-
ulation purposes by rubbing, stroking, kneading, tap-
ping, pounding or vibrating.
16. "Nude Modeling Business" means any establishment where
an employee or entertainment personnel performs a mas-
sage or "specified sexual activities" while appearing in
a "state of nudity", "simulated nudity", or while dis-
playing "specified anatomical areas", and is also a1-
lowed to be observed, sketched, drawn, painted, sculp-
tured, photographed, or similarly depicted to customers.
17. "Nude Modeling. Studio" means any establishment where an
employee or entertainment personnel appears in a "state
of nudity", "simulated nudity", or displays "specified
anatomical areas", and is also provided or allowed to be
observed, sketched, drawn, painted, sculptured, photo-
graphed, or similarly depicted to customers.
18. "Nudity" or "A State of Nudity" means appearing while
any of the following portions of the human body are less
than completely and opaquely covered:
(a) genitals, whether or not in a state of sexual
arousal; or
(b) pubic region or pubic hair; or
(c) buttock(s); or
(d) the portions of the female breast(s) beginning
from a point immediately above the top of the are-
ola and continuing downward to the lowest portion
of the breast(s); or
(e) any combination of the above.
19. "Operated" or "Caused to be Operated" means to cause to
function or to put or keep in operation.
20. "Operator" means:
(a) the person(s) in whose name a valid Specialized
Certificate of Occupancy has been issued for a
Sexually oriented business pursuant to Section
18C, CZO;
(b) the person(s) in whose a name a Specialized Cer-
tificate would be required in order to lawfully
operate a sexually oriented business pursuant to
Section 18C of the City's Comprehensive Zoning
Ordinance; or
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(c) the person(s) who operates or causes to be operat-
ed any form of sexually oriented business which is
subject to regulation by this Section 23-18.
21. "Outcall Business" means a commercial venture that
provides employees or entertainment personnel who, in
exchange for a fee, commission, tip or other consider-
ation, goes to the location requested by the customer
and while there;
(a) privately models lingerie or other intimate wear-
ing apparel; or
(b) privately performs a strip tease; or
(c} privately performs a nude modeling session; or
(d) bathes or massages the customer;
(e) but shall not include persons otherwise engaged in
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 per-
sons whose business or service relationship with
their patron is not characterized by sexually ori-
ented activities.
22. "Person" means any individual, proprietorship, partner-
ship, corporation, association, or other legal entity.
23. "Principal Business Operation" for the purpose of deter-
mining whether a business is subject to this Section 2.3-
18, shall mean and include any non-live sexually orient-
ed retail sale or rental business activity which amounts
to thirty-five percent (35~) or more of the total busi-
ness operation at a particular location. The thirty-
five percent (35g) criteria may be determined by per-
centages of floor space utilized, inventory of items for
sale or rental, display areas, presentation time of
entertainment or performances, or gross revenue of the
business as measured over any continuous ninety (90) day
period. However, the thirty-five percent (35~) criteria
shall not apply to any sexually oriented businesses
[featuring or offering any form of live performances,
entertainment, modeling or other live activity], as all
such live activity is subject to this Section 23-18.
25. "Regularly" means offering, featuring, promoting or
advertising a happening, occurrence or activity on a
recurring basis or at fixed intervals, or as a customary
and regular aspect of the business.
26. "Rent" or "Subrent" means the act of permitting a room
or other portion of the premises to be occupied in
exchange for any form of consideration.
27. "Sexually Oriented Encounter Center" means a commercial
enterprise that offers physical activities, contact,
wrestling or tumbling between male and female persons,
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or between persons of the same sex, when one or more of
the persons is in a "state of nudity" or "simulated
nudity" and the activity is intended to provide sexual
stimulation or sexual gratification to its customers.
28. "Simulated Nudity" means a state of dress in which any
artificial device or covering is worn on a person and
exposed to view so as to simulate an actual "state of
nudity".
29. "Specified Anatomical Areas" means the following por-
tions of the human body:
(a) genitals, whether or not in a state of sexual
arousal;
(b) pubic region or pubic hair;
(c) buttock(s);
(d) the portions of the female breast(s) beginning
from a point immediately above the top of the are-
ola and continuing downward to the lowest portion
of the breast(s); or
(e) any combination of the above.
30. "Specified Sexual Activities" means and includes one or
more of the following:
(a) the fondling, massaging or other erotic touching
or stimulation of "specified anatomical areas" or
of an erogenous zone;
(b) normal or perverted sexual activity, actual or
simulated, including intercourse, oral copulation,
or sodomy;
(c) masturbation, actual or simulated; or
(d) excretory functions as part of or in conjunction
with any of the activities above.
SECTION 2 ,
This Ordinance shall be and is hereby declared to be cumula-
tive to all other ordinances of the City of Fort Worth. This
Ordinance shall not operate to repeal or affect ordinances except
insofar as the provisions thereof might be inconsistent or in
conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any, in such other ordinance or
ordinances are hereby repealed.
SECTION 3
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It is hereby declared to be the intention 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
declaration shall not affect the validity of any of the remaining
sections, paragraphs, 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. paragraph, sentence, clause or phrase.
SECTION 4
All of the regulations 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 employee 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 permitted while acting in the course and scope of his/her said
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.
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n ,.
' Further, this ordinance may be published in pamphlet form and
shall be admissible in such form in any court, as provided by law.
SECTION 6
All of the provisions of the new Section 23-18, "Sexually
Oriented Business Offenses" amendment to Chapter 23, "Offenses and
Miscellaneous Provisions" of the Code of the City of .Fort Worth,
as set forth above shall become effective and thereafter apply and
be subject to enforcement as to all new and existing sexually
oriented businesses and activities beginning thirty (30) days
after the passage of this Ordinance.
APPROVED AS TO FORM AND LEGALITY:
~i~,a'
City Attorney
Date : ~ Z _ Z ( --~ 3
ADOPTED : ~ a-' ~-~ _
EFFECTIVE: L ~-O " 9
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City of Fort Worth, Texas
Mayor and Council Communication
DACE
12/21 /93 REFERENCE NUMBER
G10473 LOG NAME
'12S0B-PEN PAGE
1 of 1
SUBJECT ORDINANCE AMENDING CHAPTER 23 ,"OFFENSES AND MISCELLANEOUS
PROVISIONS" OF THE CODE OF THE CITY OF FORT WORTH (AS AMENDED) WITH
PROVISIONS CONCERNING SEXUALLY ORIENTED BUSINESSES
RECOMMENDATION.
It is recommended that the City Council adopt the attached ordinance amending Chapter
23,"Offenses and Miscellaneous Provisions" of the Code of the City of Fort Worth (as amended),
containing provisions concerning offenses occurring at Sexually Oriented Businesses
DISCUSSION
On October 12, 1993, the Zoning Commission recommended to the City Council that it enact
certain ordinances amending the Comprehensive Zoning Code concerning Sexually Oriented
Businesses After receiving citizen comments the City Council continued the consideration of
those ordinances to allow for further changes by the legal department Those changes have
been made Also, the attached ordinance concerning offenses occurring at Sexually Oriented
Businesses is hereby being presented to the City Council for its consideration in conjunction with
the amendments to the Zoning Ordinance This ordinance creates a new Section 23-18, with
provisions establishing misdemeanor criminal offenses for certain conduct occurring at Sexually
Oriented Businesses and establishing specific offenses for which citations may be issued by
Police Officers Provisions concerning enforcement and penalties include a .,~i;A00' maximum
fine per offense ~5~~
FISCAL INFORMATION/ CERTIFICATION
The Director of Fiscal Services certifies the approval and implementation of this M & C will not
require the City to spend any funds
CBI
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles R. Boswell g5oo CfT'~ COUNCIL
Originating Department Head:
1
Wade Adkins 7623 (from) U ~ L 'G
1993
MEND
For Additional Information l~-~-e/
Contact: F
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Wade Adkins 7623 Q
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