HomeMy WebLinkAboutOrdinance No. 98-17 . .' ' .
ORDINANCE NO. 9 8-17
AN ORDINANCE AMENDING APPENDIX C OF THE
FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF
FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED,
ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984,
AND BEING THE ZONING ORDINANCE OF THE CITY, BY
REVISING SUBSECTION P. 2 OF SECTION 7 THEREOF BY
ADDING A NEW PERMITTED USE TO THE PERMITTED USE
TABLE, SUCH USE BEING ADULT ENTERTAINMENT
BUSINESSES; PROVIDING DEFINITIONS AND STANDARDS FOR
SUCH USES; PROVIDING OTHER MATTERS RELATING TO THE
SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO
EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, is hereby amended by
adding to Subsection P.2., "Permitted use table" of Section 7, under the headings I, LI,
and CSC, as a use allowed by specific use permit:
0000 Adult Entertainment Businesses
Section 2. Appendix C of the Code of Ordinances of the City of Friendswood,
Texas, said Appendix C being the Zoning Ordinance of the City, is hereby amended by
adding to Section 20 thereof a definition of "Adult Entertainment Business" which
provides as follows:
JJ. Adult entertainment business shall have the same meaning as
"sexually oriented business" as that term is defined in Texas Local
Government Code Chapter 243, and City of Friendswood Code Chapter
60, and shall include, but not be limited to, 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
Adult Entertainment Ordinance
Page I—Draft September 21, 1998
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modeling studio, sexual encounter center, or any 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. Such
uses shall be allowed only as specifically authorized under the terms of
this ordinance and Chapter 60 of the Code of Ordinances of the City of
Friendswood. The determination of what constitutes an adult
entertainment business shall be made by the Police Chief or his designee,
in accordance with the definitions contained in Chapter 60, and such
determination shall be appealable to the Zoning Board of Adjustment.
Section 3. Except as otherwise herein expressly amended, all other provisions
of Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said
Appendix C being the Zoning Ordinance of the City, Ordinance No. 84-15, originally
adopted the 19`h day of November, 1984, as it may have been previously amended,
remain unchanged and in full force and effect.
Section 4. Any person who shall violate any provision of this Ordinance shall
be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to
exceed$2,000. Each day of violation shall constitute a separate offense.
Section 5. In the event any clause phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances 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.
Adult Entertainment Ordinance
Page 2—Draft September 21, 1998
PASSED AND APPROVED on first reading this 17th day of August ,
1998.
PASSED, APPROVED, and ADOPTED on second and final reading this 14th
day of September , 1998. �
Harold L. Whitaker
Mayor
ATTEST:
c
s
Deloris McKenzi , T C
City Secretary
Motion - Cauncilmember Manison
2nd - Councilmember Ericsson
Approved - Unanimously
Adult Entertainment Ordinance
Page 3—Draft September 21, 1998