HomeMy WebLinkAboutOrdinance No. 98-19 -- - - �, - . -----..._
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ORDINANCE NO. 9 8—19
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF FRIENDSWOOD, TEXAS, BY ADDING THERETO A NEW CHAPTER
60; PROVIDING FOR THE REGULATION OF SEXUALLY-ORIENTED
BUSINESSES LOCATED WITHIN THE CITY LIMITS OF THE CITY;
PROVIDING DEFINITIONS; REQUIRING LICENSES; PROVIDING FOR
FEES; PROVIDING FOR 1NSPECTIONS; PROVIDING FOR APPEALS;
PROVIDING FOR A PENALTY OF AN AMOUNT NOT TO EXCEED $4,000,
CONFINEMENT IN JAIL FOR A TERM NOT TO EXCEED ONE YEAR, OR
BOTH, FOR VIOLATION OF ANY PROVISION HEREOF; PROVIDING FOR
REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR
SEVERABILITY.
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WHEREAS, Section 51.012 of the Local Government Code authorizes home-rule cities
to adopt ordinances, not inconsistent with state law, necessary for the government, interest,
welfare or good order of the municipality and its inhabitants; and
WHEREAS, Section 215.032 of the Local Government Code authorizes home-rule
municipalities to license, tax, suppress, prevent, or otherwise regulate keepers of theatrical or
other exhibitions, shows or amusements and license, tax or otherwise regulate theaters, shows of
any kind, exhibitions of natural curiosities, and musical exhibitions or performances; and
WHEREAS, the Texas Legislature has determined that the unregulated operation of
certain sexually-oriented businesses may be detrimental to the public health, safety, and welfare
by contributing to the decline of residential and business neighborhoods in the growth of
criminal activity; and
WHEREAS, the City Council of the City of Friendswood, Texas, finds that there is
potential for future sexually-oriented businesses that require special regulation from the public
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safety agencies of the City in order to protect and preserve the health, safety, and welfare of the
patrons of such businesses, as well as the citizens of the City; and
WHEREAS, the City Council of the City of Friendswood, Texas, finds that sexually-
oriented businesses can potentially be used for unlawful sexual activities, including prostitution
and sexual liaisons of a casual nature; and
WHEREAS, the City Council finds that caressing and fondling between patrons and nude
or seminude employees of sexually-oriented businesses and the practice of patrons providing
gratuities to such employees constitute overtures and opportunities for illegal activities and
transactions such as prostitution and the sale of controlled substances; and
WHEREAS, the City Council of the City of Friendswood, Texas, finds that the concern
over sexually-transmitted diseases is a legitimate health concern of the City which demands
reasonable regulation of sexually-oriented businesses in order to protect the health and well-
being of the citizens; and
WHEREAS, the City Council of the City of Friendswood, Texas, finds that licensing is a
legitimate and reasonable means of accountability to ensure that operators of sexually-oriented
businesses comply with regulations and to ensure that operators do not knowingly allow their
establishments to be used as places of illegal sexual activity or solicitations; and
WHEREAS, the City Council of the City of Friendswood, Texas, finds there is
convincing documented evidence that sexually-oriented businesses, because of their very nature,
have a deleterious effect on both the existing businesses around them and the surrounding
residential areas adjacent to them, causing increased crime and the downgrading of property
values; and
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WHEREAS, it is recognized that sexually-oriented businesses, due to their nature, have
serious objectionable operational characteristics, demanding appropriate regulation in order to
prevent such characteristics from contributing to urban and rural blight and downgrading the
quality of life in the adjacent area; and
WHEREAS, the City Council desires to minimize and control these adverse effects and
thereby preserve the property values and character of surrounding neighborhoods, deter the
spread of urban blight, protect the citizens from increased crime, preserve the quality of life, and
protect the health, safety, and welfare of the citizens; and
WHEREAS, providing notice of the pendency of an application for a license to operate a
sexually-oriented business will enable adjacent property owners to prepare their properties and
tenants accordingly and will enable members of the general public to provide relevant
information in their possession pertinent to the completeness of the information contained in the
application; and
WHEREAS, the City Council believes it is in the best interest of the public safety and
welfare to prohibit persons convicted of certain crimes from engaging in the occupation of
operating a sexually-oriented business; and
WHEREAS, the City Council of the City of Friendswood, Texas, in accordance with
Article 6252-13c of Vernon's Texas Civil Statutes, has considered the following criteria:
A. the nature and seriousness of the crimes;
B. the relationship of the crimes to the purposes far requiring a license to engage in
the occupation;
C. the extent to which a license might offer an opportunity to engage in further
criminal activity of the same type as that in which the person previously had been
involved; and
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D. the relationship of the crimcs ta the ability, aapacity, ar fitncss req�uirad to
perfonn the dutie�and discharge the respansibilit�cs af the liconscd accup�tioa;
and has determined that t�e Grimas listed in Section b0-S of Article II of Chapter 64 of tt►�
�riendswond City Code, as adapted by this Ordinance, are seriaus crimes which are dirmctly
related to the duties and responsibilities of the occupation of operating � sexually-oriamtod
business; and
'�UHEREAS, the City Council has further dctermined th�at the very natur� o�` thc
oecupation of ope�ating a saxually-arienicd business bnings a person into cou$tant eoctact
with persons i.ntcrested in sexually-oricnted ma�terials and activities ther�by giving the psrson
repeated opportunities to commit offenscs agsinst public ardcr and decency ar czimas againsk
the public health, safety, or morals should said persan be ao inclitied;and
WHERE�AS, the City Council of the City of Friendsw�ood, Texas, finds thax tIx
carnmission of a crima listed in Section 6Q-29 of Chapt�x 60 of the Fricndswood C�ty Codc,
as adopted by this Ordinance would candcr a persan unablc, inc��►pctent, and unfit to per�arc3i
thc duties and rosponsibilities accomps�nying the oger�tiox� of a scxuallyoriented busi�ess in a
manncr that would promote the public safety and trust; arid
VV�TEREAS,the City Council ha� determiQed that no pe,�san who has been conv�tec�of a
crime listad in Sectioa 60.29 of Chapter 64 of'the Frianci�waod City Codo, as adopted by'this
Ordinance, is fit to operate s s�xualIy-oriented bugine�s until the respeetive time� pmriods
designatcd in that sectzan havic expired; and
VV�REAS, it is the intent af the City Council of the City of Friendswopd, Tex,�s, to
t:�isqualify a persan &om being issued a sexualiy-orientAd busin�ss license by tho City of
i'riendswood if that person is curreatly undcr indictment or misdem�enor in:farmation fc5r, c�t'has
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been convicted within the designated time period of, any of the crimes listed in Article II of
Chapter 60 of the Friendswood City Code as adopted by this Ordinance; and
WHEREAS, it is not the intent of this Ordinance to suppress any speech activities
protected by the First Amendment, but to enact a content-neutral regulation which addresses the
secondary effects of sexually-oriented businesses; and
WHEREAS, it is not the intent of the City Council of the City of Friendswood, Texas, to
condone or legitimize the promotion of obscene materials, and the City Council recognizes that
the prohibition of obscene material (those not protected by the First Amendment) is enforceable
through separate criminal sanctions under the Penal Code; and
WHEREAS, it is pursuant to the authority granted by the Constitution and Chapter 243,
Sections 243.001, et seq., of the Texas Local Government Code that this Ordinance is enacted;
now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS:
ection l. The facts and matters set forth in the preamble of this Ordinance are hereby
found to be true and conect.
Section 2. The Code of Ordinances of the City of Friendswood, Texas, is hereby
amended by adding thereto a new Chapter 60, entitled "Regulation of Sexually-Oriented
Businesses," such new Chapter 60 to provide as follows:
"Chapter 60
ARTICLE I. GENERAI.
Sec. 60-1. Purpose.
(a) The purpose of this Chapter is to regulate sexually-oriented businesses to
promote the health, safety, and general welfare of the citizens of the City of
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Friendswood, and to establish a system of reasonable and uniform regulation of
sexually-oriented businesses within the City. The provisions of this Chapter have
neither the purpose nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually-oriented materials. Similarly,
it is not the intent nor effect of this Chapter to restrict or deny access by adults to
sexually-oriented materials protected by the First Amendment, or to deny
distributors and exhibitors of sexually-oriented entertainment access to their
intended market. The prohibition of the promotion of obscene material (not
protected by the First Amendment) is enforceable through separate criminal
sanctions under the Penal Code.
(b) This Chapter is promulgated pursuant to Chapter 243, Sections 243.001, et
seq., of the Texas Local Government Code.
Sections 60-2 to 60-25 Reserved.
ARTICLE II. REGULATION OF SEXUALLY-ORIENTED BUSINESSES
Section 60-26. Definitions.
In this Article the following definitions shall apply:
Adult arcade shall mean any place to which the public is permitted or invited
wherein coin-operated ar slug-operated or electronically, or mechanically-
controlled still or motion picture machines, projectors, or other image-producing
devices are maintained 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 the depicting or describing of `specified sexual activities' or
`specified anatomical areas.'
Adult bookstore or aclult video store shall mean a commercial establishment
which as one of its principal business purposes offers for sale or rental for any
form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, video cassettes or video
reproductions, slides, or other visual representations, which depict or
describe `specified sexual activities' or `specified anatomical areas'; or
(b) Instruments, devices, or paraphernalia which are designed for use
in connection with `specified sexual activities.'
Adult cabaret shall mean a night club, bar, restaurant, or similar commercial
establishment not subject to regulation in accordance with Chapter 60, Article
of the Code of Ordinances and which regularly features:
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(a) Persons who appear in a state of nudity; or
(b) Live performances which are characterized by the exposure of
`specified anatomical areas' or by `specified sexual activities'; or
(c) Films, motion pictures, video cassettes, slides, or other
photographic reproductions which are characterized by the depiction or
description of`specified sexual activities' or `specified anatomical areas.'
Adult motel shall mean a hotel, motel or similar commercial establishment which:
(a) Offers accommodations to the public for any form of
consideration; provides patrons with closed-circuit television
transmissions, film, motion pictures, video cassettes, slides, or other
photographic reproductions which are characterized by the depiction or
description of`specified sexual activities' or `specified anatomical areas';
and has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than
ten (10) hours; or
(c) Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than ten(10) hours.
Adult motion picture theater shall mean a commercial establishment where for
any form of consideration, films, motion pictures, video cassettes, slides or similar
photographic reproductions are regularly shown and are characterized by the
depiction or description of `specified sexual activities' or `specified anatomical
areas.'
Adult tanning salon shall mean a commercial establishment which provides
facilities for tanning the human skin, such as tanning beds, suntan lights, or other
similar facilities, and regularly features for the entertainment of its clientele:
(a) Persons who appear in a state of nudity; or
(b) Live performances or style shows of lingerie performed by persons
who appear in a state of nudity or which are characterized by the exposure
of`specified anatomical areas' or by `specified sexual activities.'
Adult theater shall mean a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or
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live performances which are characterized by the exposure of `specified
anatomical areas' or by `specified sexual activities. `
Applicant shall mean a person who must apply for a license by this Article.
Chief of police shall mean the Chief of Police of the City of Friendswood or his
designated agent.
Child care facility shall mean a building used as a day nursery, children's
boarding home, child-placing agency or other place for the care or custody of
children under 15 years of age licensed by the state pursuant to V.T.C.A., Human
Resources Code § 42.041, et seq.
Church or place of religious worship shall mean a building in which persons
regularly assemble for worship, intended primarily far purposes connected with
faith, or for propagating a particular form of belief.
Dwelling shall mean a house, duplex, apartment, townhouse, condominium,
mobile home or any other building used for residential purposes.
Escort shall mean a person who, for consideration, agrees or offers to act as a
companion, guide, or date for another person, or who agrees or offers to privately
model lingerie, or to privately perform a striptease for another person for a fee,
tip, or other consideration.
Escort agency shall mean a business association which furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes,
for a fee, tip, or other consideration.
Establishment shall mean and includes any of the following:
(a) The opening or commencement of any sexually-oriented business
as a new business;
(b) The conversion of an existing business, whether or not a sexually-
oriented business, to any sexually-oriented business;
(c) The addition of any sexually-oriented business to any other
existing sexually-oriented business;
(d) The relocation of any sexually-oriented business; or
(e) A location and place of business.
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Hospital shall mean a building used to provide health services for human
inpatient medical care for the sick or injured, licensed pursuant to the Texas
Hospital Licensing Law (V.T.C.A., Health and Safety Code § 241.001, et seq.) or
operated by an agency of the federal government, or a convalescent facility
licensed pursuant to V.T.C.A., Health and Safety Code § 242.001, et seq.
Licensee shall mean a person in whose name a license to operate a sexually-
oriented business has been issued, as well as, the individual listed as an applicant
on the application for a license on a person licensed under this Act.
Nude modeling studio shall mean any place where a person who appears in a state
of nudity or displays `specified anatomical areas' is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration.
Nudity or a state of nudity means:
(a) The appearance of a human bare buttock, anus, male genitals,
female genitalia, pubic region or female breasts; or
(b) A state of dress which fails to opaquely cover a human buttock,
anus, male genitals, female genitalia, pubic region or areola of the female
breast.
(c) This includes material that is painted or applied to the body, such
as paint, liquid latex or employment of any device ar covering intended to
give the appearance of or simulate the parts of the body listed in (a) or(b).
(d) This definition shall not include a mother in the act of nursing her
child.
Operates or causes to be operated shall mean to cause to function or to put or
keep in operation. A person may be found to be operating or causing to be
operated a sexually-oriented business whether or not that person is an owner, part
owner, ar licensee of the business.
Park shall mean a tract of land maintained by the federal, state or local
government or by a private homeowner's association for the recreation and
enjoyment by the general public or members of the homeowner's association.
Person means an individual, proprietorship, partnership, corporation, association,
or other legal entity.
Public building shall mear� a building used by federal, state or local government
and open to the general public.
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School shall mean a building where persons regularly assemble for the purpose of
instruction or education, together with the playgrounds, dormitories, stadiums and
other structures or grounds used in conjunction therewith.
Seminude or seminudity means a state of dress in which clothing covers no more
than the genitals, pubic region, and areola of the female breast, as well as, portions
of the body covered by supporting straps or devices.
Sexual encounter center shall mean a business or commercial enterprise that, as
one of its primary business purposes, offers for any form of consideration physical
contact in the form of wrestling or tumbling between persons of the opposite sex
or other activities between male and female persons and/or persons of the same
sex, when one or more of the persons is in a state of nudity or seminudity.
Sexually-oriented business shall mean an adult arcade, adult bookstore or adult
video store, adult cabaret, adult motel, adult motion picture theater, adult tanning
salon, adult theater, escort agency, nude modeling studio, sexual encounter center,
or other commercial enterprise, the primary business of which is the offering of a
service or the selling, renting, or exhibiting of devices or any other items intended
to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas shall mean human genitals in a state of sexual arousal.
Specified sexual activities shall mean and includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of, or in connection with, any of the
activities set forth in (a) through(c) above.
Transfer of ownership or control of a sexually-oriented business includes any of
the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange, or similar means; or
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(c) The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of the law upon the death of the
person possessing the ownership or control.
Sec. 60-27. Classification.
Sexually-oriented businesses include but are not limited to the following:
1. Adult arcades;
2. Adult bookstores or adult video stores;
3. Adult cabarets;
4. Adult motels;
5. Adult motion picture theaters;
6. Adult tanning salons;
7. Adult theaters;
8. Escort agencies;
9. Nude modeling studios; and
10. Sexual encounter centers.
The determination of what constitutes a sexually-oriented business shall be made
by the Chief of Police and shall be appealable to City Council.
Sec. 60-28. License required; duties of applicant; location of business.
(a) The following are required to be licensed:
(1) All owners, clerks, and employees of a sexually-oriented business
are required to be licensed to operate or work in said business. The term
`employees' includes persons who work in a sexually-oriented business
for gratuities or other compensation and who may or may not earn wages
or a salary;
(2) All corporations or directors of corporations of any sexually-
oriented business and their employees;
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(3) All partners in any sexually-oriented business and their employees;
and
(4) All executive officers, corporations, partners, and lien holders and
their employees which are associated with any sexually-oriented business
requiring a license under this Article.
(b) No person shall work for any sexually-oriented business without having at
all times while at work, a valid current Texas driver's license or a State-issued
identification card which depicts a picture of the person and indicates the person's
date of birth.
(c) All potential employees and/or clerks of sexually-oriented businesses shall
comply with Sections 60-4(a), (b), (c), (h); 60-6(b); 60-7; 60-8; 60-9; 60-10; and
60-13 of this Article, and shall not be in violation of Section 60-5(a) (1), (3), (4),
(6), (8), or(10) of this Article befare being issued an identification card to work at
the business. Application forms shall be provided by the Chief of Police and the
determination of compliance shall be made by the Chief of Police within sixty
(60) days from time of application.
(d) An application for a sexually-oriented business license shall be made on a
form provided by the Chief of Police. The application shall be accompanied by a
sketch or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared, but shall be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an accuracy of
plus or minus six (6) inches. Applicants who must comply with Section 60-21 of
this Article shall submit a diagram meeting the requirements of Section 60-21.
All location requirements shall be approved by the Chief of Police within sixty
(60) days from the time the application is filed.
(e) The applicant for a sexually-oriented business license shall be qualified
according to the provisions of this Article.
(fl If a person who wishes to operate a sexually-oriented business is an
individual, such person shall sign the application for a license as applicant. If a
person who wishes to operate a sexually-oriented business is other than an
individual, each individual who has an interest in the business shall sign the
application for a license as applicant and shall be considered a licensee if a license
is granted.
(g) The fact that a person possesses any other valid license required by law
does not exempt that person from the requirement of obtaining a sexually-oriented
business license. A person who operates a sexually-oriented business and
possesses another business license shall comply with the requirements and
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provisions of this Article, as well as the requirements and provisions of the laws
concerning the other license.
(h) Each applicant shall attach two copies of a recent photo to the application
form.
(i) The application shall be accompanied by the following:
(1) Payment of the application fee in full; and
(2) If the establishment is a Texas corporation, a certified copy of the
articles of incorporation, together with all amendments thereto;
(3) If the establishment is a foreign corporation, a certified copy of the
certificate of authority to transact business in this state, together with all
amendments thereto;
(4) If the establishment is a limited partnership formed under the laws
of Texas, a certified copy of the certificate of limited partnership, together
with all amendments thereto; or
(5) If the establishment is a foreign limited partnership, a certified
copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto.
(j) Each applicant for a sexually-oriented business license shall, upon the
filing of the application and payment of the filing fee, place signs (at least 24
inches x 36 inches in size) which provide notification and information specifically
stating `SEXUALLY-0RIENTED BUSINESS LICENSE APPLICATION
PENDING' and the date on which the application was filed. All lettering on the
signs must be at least 1 and 1/2 inches x 2 inches in size for each letter on the
sign. The signs must be of sufficient quantities to be placed upon the property so
as to identify it as being subject to a proposed sexually-oriented business license.
It shall be the duty of each applicant as to each particular application to erect said
signs along all the property's public road or highway frontage so as to be clearly
visible from the public road or highway. If a property does not have a public road
or highway frontage, then signs shall be placed upon the property in a manner to
maximize the view of said sign when approached from the customary means of
approaching the property. One sign shall be erected for each three hundred foot
increment of each public road ar highway frontage on said existing property, or
any part thereof. Said signs shall be erected not less than seven (7) days after the
filing of the application for the sexually-oriented business license and remain
erected until the application has been approved by the Chief of Police.
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(k) Every applicant for a sexually-oriented business license shall give notice
of the application by publication at the applicant's expense in two consecutive
issues of a newspaper of general circulation in the City of Friendswood. The
notice shall be printed in 10-point boldface type and shall include the following:
(1) the fact that a sexually-oriented business license has been applied
for;
(2) the exact location of the place of business for which the permit is
sought;
(3) the names of each owner of the business and, if the business is
operated under an assumed name, the trade name together with the names
of all owners; and
(4) if the applicant is a corporation, the names and titles of all officers.
Such notice shall be printed not less than fourteen (14) days after the application
is filed with the Chief of Police.
(1) An applicant for a renewal permit on an existing business at the time of
the passage of this Article is not required to publish notice or meet the posting
requirements of(j) and (k) above.
(m) The applicant for a sexually-oriented business permit shall certify that:
(1) the proposed sexually-oriented business will be located a minimum
of one-thousand, five-hundred (1,500) feet from the following:
(i) a child care facility;
(ii) a church or place of religious worship;
(iii) a dwelling;
(iv) a hospital;
(v) a public building;
(vi) a park;
(vii) a school;
(viii) safety routes for children; and
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(2) the proposed sexually-oriented business will be located a minimum
of one-thousand, five-hundred (1,500) feet from any other
sexually-oriented business.
For the purposes of this section, measurements shall be made in a straight line,
without regard to intervening structures or objects, from the nearest portion of the
property line of the proposed sexually-oriented business to the nearest portion of
the property line of the facility described in subsections (1) and (2).
Sec. 60-29. Issuance of license.
(a) The Chief of Police, upon authorization by the City Council, shall approve
the issuance of a license to an applicant within sixty (60) days after receipt of an
application unless the Council finds one or more of the following to be true:
(1) An applicant is under 18 years of age;
(2) An applicant or an applicant's spouse is overdue in the payment to
the City of Friendswood of taxes, fees, fines, or penalties assessed against
or imposed upon the applicant or the applicant's spouse in relation to a
sexually-oriented business. The City finance director shall make this
determination and report the director's findings to the Chief of Police
within sixty(60) days from the time the application is filed;
(3) An applicant has failed to provide information reasonably
necessary for issuance of the license or has falsely answered a question or
request for information on the application form;
(4) An applicant or an applicant's spouse has been convicted of a
violation of a provision of this Article, other than the offense of operating
a sexually-oriented business without a license, within two years
immediately preceding the application. The fact that a conviction is being
appealed shall have no effect. The Chief of Police shall make this
determination within sixty(60) days from the time the application is filed.
(5) The premises to be used for the sexually-oriented business have
not been approved by the Chief of Police as being in compliance with the
location requirements or any other requirements of this Article. Reports of
compliance or noncompliance with this Article shall be completed by the
Chief of Police within sixty (60) days from the time the application is
filed;
(6) The license fee required by this Article has not been paid;
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(7) An applicant has failed to comply with the requirements of Sec.
60-28(i) , (j), ar(k) unless exempt under Sec. 60-28(1);
(8) An applicant has been employed in a sexually-oriented business in
a managerial capacity within the preceding twelve (12) months and has
demonstrated an inability to operate or manage a sexually-oriented
business premises in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers;
(9) An applicant or the proposed establishment is in violation of, or is
not in compliance with, Sections 60-31, 60-32, 60-37, 60-38, 60-39, 60-
40, 60-41, 60-42, 60-43, 60-44, 60-45, or 60-46;
(10) An applicant or an applicant's spouse has been convicted of a
crime:
(A) involving:
(i) any of the following offenses as described in Chapter 43 of
the Texas Penal Code:
(aa) Prostitution;
(bb) Promotion of prostitution;
(cc) Aggravated promotion of prostitution;
(dd) Compelling prostitution;
(ee) Obscenity;
(f� Sale, distribution, or display of harmful material to a
minor;
(gg) Sexual performance by a child; or
(hh) Possession of child pornography;
(ii) Any of the following offenses as described in Chapter 21 of
the Texas Penal Code:
(aa) Public lewdness;
(bb) Indecent exposure; or
FWD/SOB.ORD/06/04/98 16
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(cc) Indecency with a child;
(iii) Sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
(iv) Incest, solicitation of a child, or harboring a runaway child
as described in Chapter 25 of the Texas Penal Code;
(v) Criminal attempt, conspiracy, or solicitation to commit any
of the foregoing offenses;
(B) For which:
(i) less than two (2) years have elapsed since the date of
conviction, or the date of release from confinement imposed for the
conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
(ii) less than five (5) years have elapsed since the date of
conviction, or the date of release from confinement for the
conviction, whichever is the later date, if the conviction is of a
felony offense; or
(iii) less than five (5) years have elapsed since the date of the
last conviction, or the date of release from confinement far the last
conviction, whichever is the later date, if the convictions are of two
or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four(24) month period.
(b) The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted
of an offense listed in Subsection (a)(10) may qualify for a sexually-oriented
business license only when the time period required by Section 60-29(a)(10)(B)
has elapsed.
(d) The license, if granted, shall state on its face the name of the person or
persons to whom it is granted, the expiration date, and the address of the sexually-
oriented business. The license shall be posted in a conspicuous place at or near
the entrance to the sexually-oriented business so that it may be easily read at any
time.
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(e) It shall be the duty of the Chief of Police to report to the applicant the
findings under Section 60-29 within sixty (60) days from the time the application
is filed.
(� No license shall be issued if the applicant is in violation of any health or
safety statute of the State of Texas or any health or safety ordinance of the City of
Friendswood.
(g) Any sexually-oriented business which is in operation on the effective date
of this Article shall have sixty (60) days within which to file an application with
the Chief of Police. During the sixty-day period described in Section 60-29(a)
said applicant who was in business on the effective date of this Article shall not
otherwise be regulated by this Article.
(h) If the Chief of Police fails to act upon an application within the sixty-day
period specified in this Article, the applicant shall be entitled to the issuance of a
temporary license upon written demand thereto to the Chief of Police by the
applicant. Such a temporary license shall be valid only until the third day after
the Chief of Police issues the requested license or denies issuance of same.
Denial of a license shall be appealable as set out in Section 60-36 of this Article.
Sec. 60-36. Fees.
(a) The annual fee for a sexually-oriented business license is $1,500.00.
(b) Each employee of a sexually-oriented business shall pay a $150.00 annual
fee with each application.
(c) No portion of any fee collected under this Article shall be returned after a
permit application has been filed.
Sec. 60-31. Violations.
(a) It shall be a violation of this Article for any person to own ar operate a
sexually-oriented business at a location inside the corporate limits of the City of
Friendswood unless the sexually-oriented business possesses and has posted a
valid license issued by the Chief of Police in accordance with the terms of this
Article.
(b) It shall be a violation of this Article for any person to be employed at or
work at a sexually-oriented business at a location inside the corporate limits of the
City of Friendswood unless the person shall possess while on the premises of a
sexually-oriented business a valid license issued by the Chief of Police in
accordance with the terms of this Article. This includes individuals who work for
gratuities or other compensation but who may or may not earn wages or a salary.
FWD/SOB.ORD/06/04/98 1$
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(c) It shall be a violation of this Article for any person to employ, in a
sexually-oriented business at a location inside the corporate limits of the City of
Friendswood a person under the age of 18 years. This includes individuals who
work for gratuities or other compensation but who may or may not earn wages or
a salary.
(d) It shall be a violation of this Article for a person under the age of 18 years
to appear in a state of nudity in or on the premises of a sexually-ariented business.
It is a defense to prosecution under this subsection if the person under 18 years
was in a restroom not open to public view or persons of the opposite sex.
(e) It shall be a violation of this Article for a person to knowingly allow a
person under the age of 18 years to appear in a state of nudity in or on the
premises of a sexually-oriented business. It is a defense to prosecution under this
subsection if the person under 18 years was in a restroom not open to public view
or persons of the opposite sex.
(� It shall be a violation of this Article for a person to appear in a state of
nudity in an area of a sexually-oriented business which can be viewed from a
public right-of-way.
(g) It shall be a violation of this Article for an employee of a sexually-oriented
business who appears in a state of nudity or seminude to fondle or caress any
patron or clientele of the sexually-oriented business, and it shall be unlawful for
any patron or clientele of any sexually-oriented business to fondle or caress any
employee of a sexually-oriented business who appears in a state of nudity or semi-
nudity.
(h) It shall be a violation of this Article for an employee or a customer of a
sexually-oriented business within the City of Friendswood, Texas to appear in a
state of total nudity.
Sec. 60-32. Inspection.
(a) An applicant or licensee shall permit representatives of the Friendswood
police department to inspect the premises of a sexually-oriented business for the
purpose of insuring compliance with the law at any time it is occupied or open for
business.
(b) A person who operates a sexually-oriented business or his agent or
employee commits an offense if he refuses to permit a lawful inspection of the
premises by a representative of the Friendswood police department at any time it
is occupied or open for business.
FWD/SOB.ORD/06/04/98 19
(c) The provisions of this section shall not apply to areas of an adult motel
which are currently being rented by a customer for use as a permanent or
temporary habitat.
Sec. 60-33. Expiration of license.
Each license shall expire one year from the date of issuance and may be renewed
only by making application as provided in Section 60-28.
Sec. 60-34. Suspension.
The Chief of Police shall suspend a license for a period not to exceed thirty (30)
days if the Chief of Police determines that a licensee has:
(a) violated or is not in compliance with any portion of this Article;
(b) engaged in excessive use of alcoholic beverages while on the
sexually-oriented business premises;
(c) refused to allow an inspection of the sexually-oriented business
premises as authorized by this Article;
(d) knowingly permitted gambling by any person on the sexually-
oriented business premises; ar
(e) demonstrated inability to operate or manage a sexually-oriented
business in a peaceful and law-abiding manner, thus necessitating action
by law enforcement officers.
Sec. 60-35. Revocation.
(a) The Chief of Police shall revoke a license if a cause of suspension in
Section 60-34 occurs and the license has been suspended within the preceding
twelve (12) months.
(b) The Chief of Police shall revoke a license if the Chief of Police determines
that:
(1) a licensee gave false or misleading information in the material
submitted to the Chief of Police during the application process;
(2) a licensee or an employee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
FWD/SOB.ORD/06/04/98 2�
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(3) a licensee or an employee has knowingly allowed prostitution on
Ithe premises;
(4) a licensee or an employee knowingly operated the sexually-
oriented business during a period of time when the licensee's license was
suspended;
(5) a licensee has been convicted of an offense listed in Section 60-
28(a)(10)(A) for which the time period required in Section 60-
28(a)(10)(B) has not elapsed;
(6) on two or more occasions, within a twelve (12) month period, a
person or persons committed an offense occurring in or on the licensed
premises of a crime listed in Section 60-28(a)(10)(A), for which a
conviction has been obtained, and the person or persons were employees
of the sexually-oriented business at the time the offenses were committed;
(7) a licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to
occur in or on the licensed premises. The term `sexual contact' shall have
the same meaning as it is defined in Section 21.01 of the Texas Penal
Code;
(8) a licensee is delinquent in payment to the City of Friendswood for
hotel occupancy taxes, ad valorem taxes, or sales taxes related to the
sexually-oriented business; or
(9) a licensee has violated a health andlor safety statute or ordinance as
listed in Section 60-28(fl.
(c) The fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d) Subsection (b)(7) hereunder shall not apply to adult motels as a grounds
for revoking the license unless the licensee or employee knowingly allowed the
act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact
to occur in a public place or within public view.
(e) When the Chief of Police revokes a license, the revocation shall continue
for one year and the licensee shall not be issued a sexually-oriented business
license for one year from the date revocation became effective. If, subsequent to
revocation, the Chief of Police finds that the basis for the revocation has been
corrected or abated, the applicant may be granted a license if at least ninety (90)
days have elapsed since the date the revocation became effective. If the license
was revoked under Subsection (b) (5) hereunder, an applicant may not be granted
FwDisos.o�io6io4i9s 21
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another license until the appropriate number of years required under Section 60-
28(a)(10)(B) has elapsed.
Sec. 60-36. Appeal.
If the City Council denies the issuance of a license, or the Chief of Police
suspends or revokes a license, the Chief of Police shall send to the applicant, or
licensee, by certified mail, return receipt requested, written notice of the action, a
statement of facts with supporting documentation which formed the basis for the
decision, and notice of the right to an appeal. The aggrieved party may appeal a
decision of the Chief of Police to the City Council. An appeal to the City Council
must be filed with the City Secretary within fifteen (15) days of receipt of notice
of the decision of the Chief of Police. Filing an appeal to City Council stays the
Chief of Police in suspending or revoking a license until the City Council makes a
final decision. The City Council shall, within fifteen (15) days after receiving a
notice of appeal, grant a hearing of the appeal and shall, within a period of five (5)
days, sustain or reverse the decision of the Chief of Police. If no appeal is taken
from the findings made by the Chief of Police within the time provided herein, the
decision of the Chief of Police is final. The aggrieved party may appeal the
decision of City Council to a state district court of appropriate jurisdiction. An
appeal to the state district court shall be filed within thirty (30) days after the
receipt of notice of the decision of the City Council. All decisions of the City
Council not appealed become final and unappealable within thirty (30) days. The
applicant or licensee shall bear the burden of proof before the City Council and in
district court.
Sec. 60-37. Transfer of license.
A licensee shall not transfer the license to another, nor shall a licensee operate a
sexually-oriented business under the authority of a license at any place other than
the address designated in the application.
Sec. 60-38. Additional regulations for adult cabarets.
(a) Any dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur on a platform which is raised at least two feet (2')
from the level of the floor.
(b) No dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur closer than ten feet (10') to any patron or
clientele.
(c) No patron or clientele shall directly pay or give any gratuity to any person,
employee or otherwise, who shall dance or participate in any show, exhibition or
performance while in a state of nudity or seminudity.
FWD/SOB.ORD/O6/04/98 22,
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(d) No person, employee or otherwise, shall solicit or accept any gratuity from
any patron or clientele in return for dancing or participating in any show,
exhibition or performance while in a state of nudity or seminudity.
(e) A minimum of two (2) signs at least eighteen inches (18") square bearing
red letters a minimum of two inches (2") high on a white background shall be
prominently displayed in locations readily observed by patrons or clientele
providing the following notice:
`GRATUITIES FOR PERFORMERS ARE PROHIBITED BY LAW.
(Sec. 60-38, Friendswood City Code)'
Sec. 60-39. Additional regulations for adult motels.
(a) Evidence that a sleeping room in a hotel, motel or similar commercial
establishment has been rented and vacated two or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption that the
establishment is an adult motel as that term is defined in this Article.
(b) A person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does not have a
sexually-oriented business license, he or she rents or sub-rents a sleeping room to
a person and within ten (10) hours from the time the room is rented, he or she
rents or sub-rents the same sleeping room again.
(c) For purposes of Subsection (b) of this section, the terms `rent' and `sub-
rent' mean the act of permitting a room to be occupied for any form of
consideration.
Sec. 60-40. Additional regulations for adult tanning salons.
(a) Any dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur on a platform which is raised at least two feet (2')
from the level of the floor.
(b) No dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur closer than ten feet (10') to any patron or
clientele.
(c) No patron or clientele shall directly pay or give any gratuity to any person,
employee or otherwise, who shall dance or participate in any show, exhibition or
performance while in a state of nudity or seminudity.
FWD/SOB.ORD/06/04/98 23
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(d) No person, employee or otherwise, shall solicit or accept any gratuity from
any patron or clientele in return for dancing or participating in any show,
exhibition or performance while in a state of nudity or seminudity.
(e) A minimum of two (2) signs at least eighteen inches (18") square bearing
red letters a minimum of two inches (2") high on a white background shall be
prominently displayed in locations readily observed by patrons or clientele
providing the following notice:
`GRATUITIES FOR PERFORMERS ARE PROHIBITED BY LAW.
(Sec. 60-40, Friendswood City Code)'
Sec. 60-41. Additional regulations for adult theaters.
(a) Any dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur on a platform which is raised at least two feet (2')
from the level of the floor.
(b) No dance, performance, exhibition ar show by an employee in a state of
nudity or seminudity shall occur closer than ten feet (10') to any patron or
clientele.
(c) No patron or clientele shall directly pay or give any gratuity to any person,
employee or otherwise, who shall dance or participate in any show, exhibition or
performance while in a state of nudity or seminudity.
(d) No person, employee or otherwise, shall solicit or accept any gratuity from
any patron or clientele in return for dancing or participating in any show,
exhibition or performance while in a state of nudity or seminudity.
(e) A minimum of two (2) signs at least eighteen inches (18") square bearing
red letters a minimum of two inches (2") high on a white background shall be
prominently displayed in locations readily observed by patrons or clientele
providing the following notice:
`GRATUITIES FOR PERFORMERS ARE PROHIBITED BY LAW.
(Sec. 60-41, Friendswood City Code)'
Sec. 60-42. Additional regulations for escort agencies.
A person commits an offense if he or she acts as an escort or agrees to act as an
escort for any person under the age of 18 years of age.
FWD/SOB.ORD/O6/04/98 24
Sec. 60-43. Additional regulations for nude modeling studios.
(a) A nude modeling studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a reception room
open to the public.
(b) Any dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur on a platform which is raised at least two feet (2')
from the level of the floor.
(c) No dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur closer than ten feet (10') to any patron or
clientele.
(d) No patron or clientele shall directly pay or give any gratuity to any person,
employee or otherwise, who shall dance or participate in any show, exhibition or
performance while in a state of nudity or seminudity.
(e) No person, employee or otherwise, shall solicit or accept any gratuity from
any patron or clientele in return for dancing or participating in any show,
exhibition or performance while in a state of nudity or seminudity.
(fl A minimum of two (2) signs at least eighteen inches (18") square bearing
red letters a minimum of two inches (2") high on a white background shall be
prominently displayed in locations readily observed by patrons or clientele
providing the following notice:
`GRATUITIES FOR PERFORMERS ARE PROHIBITED BY LAW.
(Sec. 60-43, Friendswood City Code)'
Sec. 60-44. Additional regulations for sexual encounter centers.
(a) Any dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur on a platform which is raised at least two feet (2')
from the level of the floor.
(b) No dance, performance, exhibition or show by an employee in a state of
nudity or seminudity shall occur closer than ten feet (10') to any patron or
clientele.
(c) No patron or clientele shall directly pay or give any gratuity to any person,
employee or otherwise, who shall dance or participate in any show, exhibition or
performance while in a state of nudity or seminudity.
FWD/SOB.ORD/06/04/98 25
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(d) No person, employee or otherwise, shall solicit or accept any gratuity from
any patron or clientele in return for dancing or participating in any show,
exhibition or performance while in a state of nudity or seminudity.
(e) A minimum of two (2) signs at least eighteen inches (18") square bearing
red letters a minimum of two inches (2") high on a white background shall be
prominently displayed in locations readily observed by patrons or clientele
providing the following notice:
`GRATUITIES FOR PERFORMERS ARE PROHIBITED BY LAW.
(Sec. 60-44, Friendswood City Code)'
Sec. 60-45. Regulations pertaining to exhibition of sexually-explicit films or
videos.
(a) A person who operates or causes to be operated a sexually-oriented
business, other than an adult motel, which exhibits on the premises in a viewing
room of less than one-hundred fifty (150) square feet of floor space, a film, video
cassette, or other video reproduction which depicts specified sexual activities or
specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually-oriented business license, the
application shall be accompanied by a diagram of the premises showing a
plan thereof specifying the location of one or more manager's stations and
the location of all overhead lighting fixtures and designating any portion
of the premises in which persons will not be permitted. A manager's
station may not exceed thirty-two (32) square feet of floor area. The
diagram shall also designate the place at which the permit will be
conspicuously posted, if granted. A professionally prepared diagram in
the nature of an engineer's or architect's blueprint shall not be required;
however, each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated scale or
with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy of
plus or minus six inches (6"). The Chief of Police may waive the
foregoing diagram fbr renewal applications, if the applicant adopts a
diagram that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the
applicant.
(3) No alteration in the configuration or location of a manager's station
may be made without the prior approval of the Chief of Police or a
designee of the Chief of Police.
FWD/SOB.ORD/06/04/98 2O
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(4) It is the duty of the owners and operator of the premises to ensure
that at least one employee is on duty and situated in each manager's station
at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of every area
of the premises to which any patron is permitted access for any purpose
excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or mare manager's stations designated,
then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any
patron is permitted access far any purpose from at least one of the
manager's stations. The view required in this subsection must be by direct
line of sight from the manager's station. Viewing booths must be
separated at least twelve inches (12") from the exterior walls of any other
view booths by open space.
(6) It shall be the duty of the owners and operator, and it shall also be
the duty of any agents and employees present on the premises, to ensure
that the area specified in Subsection (a)(5) hereunder remains unobstructed
by any doors, walls, merchandise, display racks or other materials at all
times that any patron is present in the premises, and to ensure that no
patron is permitted access to any area of the premises which has been
designated as an area in which patrons will not be permitted in the
application filed pursuant to Subsection (a)(1) of this section.
(7) For safety purposes, the premises shall be equipped with over-head
lighting fixtures of sufficient intensity to illuminate every place to which
patrons are permitted access at an illumination of not less than one (1.0)
foot-candle as measured at the floor level.
(8) It shall be the duty of the owners and operator and it shall also be
the duty of any agents and employees present on the premises to ensure
that the illumination described above is maintained at all times that any
patron is present in the premises.
(b) A person having a duty under Subsections (1) through (8) of Subsection
(a) above, commits an offense if he or she knowingly fails to fulfill that duty.
(c) All locational requirements of this section shall be approved by the Chief
of Police within sixty (60) days from the time the application is filed if in
compliance herewith.
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Sec. 60-46. Display of sexually-explicit material to minors.
(a) A person commits an offense if, in a sexually-oriented business
establishment open to persons under the age of 17 years, he or she displays a
book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which
depicts, in a manner calculated to arouse sexual lust or passion for commercial
gain, any of the following:
(1) human sexual intercourse, masturbation, or sodomy;
(2) fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breasts;
' (3) less than completely and opaquely covered human genitals,
buttocks, or that portion of the female breast below the top of the areola;
or
(4) human male genitals in a discernibly turgid state, whether covered
or uncovered.
(b) In this section 'display' shall mean to locate an item in such a manner that,
without obtaining assistance from an employee of the business establishment:
(1) it is available to the general public for handling and inspection; or
(2) the cover or outside packaging on the item is visible to members of
the general public.
Sec. 60-47. Defenses.
(a) It shall be a defense to prosecution under Sections 60-28(a) or 60-43(a),
(b), or (c) that a person appearing in a state of nudity or seminudity did so in a
modeling class operated:
(1) by a proprietary school licensed by the State of Texas, a college, or
university supported entirely or partly by taxation;
(2) by a private college or university which maintains and operates
educational programs in which credits are transferable to a college,junior
college, or university supported entirely or partly by taxation; or
(3) in a structure:
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(a) which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or seminude person
is available for viewing; and
(b) where in order to participate in a class a student must enroll
at least three (3) days in advance of the class; and
(c) where no more than one nude or seminude model is on the
premises at any one time.
(b) It is a defense to prosecution under Section 60-31(a) that each item of
descriptive, printed, film, or video material offered for sale or rental, taken as a
whole, contains serious literary, artistic, political, or scientific value.
Sec. 60-48. Enforcement.
(a) A person commits an offense if the person violates any provision or term
of this Article. An offense for violating this Article is a Class A misdemeanor.
(b) The City of Friendswood may sue in district court for an injunction to
prohibit the violation of any term or provision of this Article."
Sections 60-48 through 60-150 Reserved.
Section 3. All ordinances or parts of ordinances inconsistent ar in conflict herewith,
are, to the extent of such inconsistency or conflict, hereby repealed.
Section 4. In the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstance shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood,
Texas, declares that it would have passed each and every part of the same notwithstanding the
omission of any such part thus declared to be invalid or unconstitutional, whether there be one or
more parts.
FWD/SOB.ORD/O6/04/98 Z9
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Section 5. This ordinance shall be in full force and effect immediately upon and after
its final passage and publication as required by law.
PASSED AND APPROVED on first reading this 15th day of June ,
1998.
PASSED, APPROVED, and ADOPTED on second and final reading this 6 day of
July , 1998.
Harold L. Whitaker
Mayor
ATTEST:
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D loris McKenzie, T MC
City Secretary
Motion: Councilmember P�el Measeles
2nd: Councilmember Kim Brizendine
Approved: Unanimously
FWD/SOB.ORD/06/04/98 30