CauseNo.

CITY OF DALLAS,
Plaintiff, v. GLENN HUDSON

Defendant.

$ $ $ $ $ $ $ $ $

--* f,ipl_f

DALLAS COUNTY

95liBt"IALDISrRrcr

CITY OF DALLAS' ORIGINAL PETITION. VERIFIED APPLICATION FOR TEMPORARY RESTRAINING ORDER. TEMPORARY AND PERMANENT IN.II]NCTION. AND REOI]ESTS FOR DISCLOSURE TO TI{E HONORABLE JUDGE OF SAID COURT: The City of Dallas ("City"; files this, its Original Petition and Verified Application for Temporary Restraining Order, Temporary and Permanent Lnjunction, and Requests for Disclosure ("Original Petition"), in support of which would show as follows: I. DTSCOVERY CONTROL PLAN AND REQUESTS FOR DISCLOSURE 1. Discoverv will be conducted under Level 2 of Rule 190 of the Texas Rules of

Civil Procedure. 2. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, the Defendant is

requestedto disclose the information or material describedin Rule 194.2. II. PARTIES 3. The City of Dallas is a home-rule municipal corporation situated primarily in

Dallas County, Texas, incorporated and operating under the laws of the Stateof Texas. 4. Defendant Glenn Hudson ("Hudson") is an individual that owns and operatesthe

known as "The Playground" located at 11311 Harry Hines, Suite 301, Dallas County, business

Dallas Texas. Serviceof processmay be made upon Hudson at 11311 Hany Hines, Suite 301, Dallas, Texas75220. III. VENUE AND JURISDICTION 5. Venue is proper and this Court hasjurisdiction pursuantto Section 243.012 of the

Texas Local Govemment Code becausethe location in violation of the City's ordinance adopted pursuant to Local Government Code Chapter 243 is located in Dallas County' IV. FACTS 6. The property located at 11311 Hany Hines, Suite 301, Dallas County, Dallas,

Texas, commonly known as The Playground (the "Property" or the "Playground"), is an unlicensed sexually oriented businessoperating under a Certificate of Occupancy for a church, mosque or synagogue. 7. 8. Hudson is the owner/operatorof the Playground. The Dallas Police Department's Vice Unit ("DPD"), in an undercover capacity,

conducted multiple operationsof surveillance at the Property over the previous three months and observednothing to indicate that the Property ever operatesas a church, mosqueor synagogue. 9. DPD's investigation indicated that Hudson operates the Playground as a

"swingers club," that is, a business that caters to adults, often couples, who wish to engagein random consensualsexual activities on-site with other adults other than their spouses. 10. Hudson displays pornographic videos on large flat screentelevisions and provides

topless female dancers as entertainment at the Property to provide sexual stimulation for his customers.

11.

For an additional fee, Hudson provides accessto a "VIP" area in one section of

the Playground where his customers have accessto beds, complimentary condoms and more pornographic videos. L2. The Playground's website advertises occasional themed nights, but none of a

religious nature. One recent Playground advertisementpromoted a special attire night titled, "Anything But Clothes," and another announced a guest appearanceby a celebrity of the pomography industry named "Mr. Marcus." L3. Neither Hudson nor any other person or entity holds a license to operate a

sexually oriented businessat the Property. 14. Hudson, therefore, owns, maintains, controls, and operates a sexually oriented

businesson the Property without a license in violation of Dallas City Code $41A-4(a), a true and correct copy of which is attachedas Exhibit A. V. CAUSES OF ACTION A. Texas Local Government Code Ch.243 and Dallas City Code Ch.41A 15. This cause arises under Texas Local Government Code $243.010, in the

enforcementof the City's sexually oriented businessordinance,City Code Chapter41A, enacted pursuantto Texas Local GovernmentCode $243.003 as a land use regulation. 16. Texas Local Government Code $243.010 provides for enforcementby injunction

of the City's ordinance regulating by licensing the location and operation of sexually oriented businesses. 17. City Code Chapter 41A's definition of sexually oriented business includes a

businesswhich provides an exhibition, live or on video, of nudity or simulated sex acts, intended

24.

Further, the City requests that if Hudson, his employees, servants,contractors,

successors and assignees,and any personsin active concert or active participation with Hudson fail to cease operating or maintaining a sexually oriented business at the Property without a license, that the City be allowed to enter the Property, vacate the Property, lock the doors to the Property, and fence the Property. PRAYER FOR RELIEF WHEREFORE PREMISES CONSIDERED, the City of Dallas, Plaintiff, prays for the following relief: (1) The City be granted a temporary restraining order, enjoining Hudson, his employees, servants, contractors, successorsand assignees,and any persons in active concert or active participation with Hudson from operating a sexually oriented businessat the Property without a license in violation of $414-4 of the Dallas City Code; (2) The City be granted temporary and permanent injunctive relief as provided herein; (3) (4) (5) Costsof court; Post-judgmentinterest at the highest legal rate; and All such other and further relief, both generalor special,at law or in equity, to which the City may show itself to be justly entitled.

Respectfully submitted,

AssistantCity Attorney TexasStateBar No. 90001277 Charlotta Riley AssistantCity Attomey TexasStateBar No. 24050555 City Attorney's Office 1500 Marilla Street,Room 78 North Dallas.Texas7520I Telephone: 214-67I-9544 Telecopier: 2I4 -67O-0622 melissa.miles dallascityhall. com @ charlotta.riley@dallascitvhall.com ATTORNEYS FOR THE CITY OF DALLAS

DALLAS CIVIL DISTRICT COURT RULE 1.06 AND RULE 2.02 CERTIFICATE Pursuantto Rule 2.02 of the Dallas Civil District Court rules, the undersignedcertifies to by the best of her knowledge that Defendant Hudson is represented Mr. Grant Walsh. Further, to the best of the undersignedcounsel's knowledge, the case in which this application is presented !$ subject to transfer to the 298ft Judicial District under Rule 1.06 of the Dallas Civil District Court Rules as a caserelated to Cause No. 11-08931.

to Certified the&^rof

July 2[ll.

VERIFICATION TI{E STATE OF TEXAS COUNTY OF DALLAS

) ) )

BEFORE ME, the undersignednotary public on this day personally appearedDwayne Cooper, Vice Detective, Dallas Police Department,who, being duly sworn, statedunder oath that he has read Plaintiffs Original Petition, Verified Application for Temporary Restraining Order, Temporary and Permanent Injunction and Requestfor Disclosures (the "Petition"), and that the factual allegations contained in Paragraphs6 through 14 of the Petition therein are within his personalknowledge and are true and correct.

+\.\
SWORNTO AND SUBSCRIBED beforeme on ttreffaay of July, 2011.

NOTARY

D. AMBER FIDUCIA
N o t a r yP u b l i c Statc of Toxas

10-24-2014 Expires irlvComm.

c41A
CHAPTER4lA

Sexually Oriented Businesses

s 41A-2

INTENT. sEc.41A-1. PI,'RPOSEAND (a) It is the PurPose of this chapter to to regulatesexudly oriented businesses promote the morals, and general welfare of the tre-alth,safety, citizens of lhe city; to establish reasonable and uniform regulations to prevent the continued within concentrationof sexually oriented businesses and to minimize the deleterious secondary the city; effects of sexually oriented businessesboth iruide such businesses and outside in the surrounding communities. Ttre provisions of this drapter have neither the purpose nor effct of imposing a limitation or- reitriction on the content of any communicativematerials or perforrrances,irrcluding sexually oriented materials and performances' Similarfy, it is neither the intent nor effect of this by chapterio restrict or derry ac{ess adults to senrally protectedby the oriented materialsand perfornrances by ot First Amend"urent, to derry acrcees the distributors and exhibitors of senrally oriented entertainnent to their intended market. (b) It is the intent of the city corurcil that Uris chapter-is promulgated pursuant to Chapter 243 st Lncal GovemmerrtCode,as amerrded' the'Texas (c) A license,perurit, or decal gT"ted under this cirapter or under'any other city ordinance does not autiorize or legalize any conduct, activity, or business that is illegal under state or federal law' 27139D 251296; 24699; 24tAO; (Ord. Nos. 19196; SEC.41A-Z DEFINMONS.

SEXUALLY ORIENTED BUSINESSTS Sec. 414'-1. Sec.41A-2. Sec.41A-3. Sec. 41A-4. Sec. 41A-5. Sec.41A-6. Sec.41A-7. Sec. 41A-7.1. Sec. 41A{. Sec.41A-9. Sec.41A-10. Sec. 41A-10.1. PurPose and intent' Definitions' Classification' License and designated operatot required' Issuance of license' Fees. InsPection' Identification records' ExPiration of liccnse' SusPensior' Revocation' Denial, suspension, rwocation, or denial of renewal of a license for criminal convictions' Notice of denial of issuance or renewd of license or susPensionor revocation of license, surrrder of license' APPeal' Transfer of license' Location of semally oriented

Sec. 41A-10.2.

businesses. Sec.41A-14. Exemptionfrom locationrestrictions. Sec.41A-14.1. Exterior portions of seir'rallY orientedbusinesses. *c.4tA'14.2. Signrequirements. Sec.41A-15. additional regulationsfor escort agencies. nude Sec.41A-16. Aaditiqtal regulationsfor model studios. Sec.41A-17. Additional regulationsfor adult motion picture theaters. Sec.41A-18. Additional regulatiolrs for adult motels. Additional regulatioru for adult Sec.41A-18.1. cabarets. Sec.41A-19. Regulationspertaining to er*ribition of sexually explicit films or videoo. Sec.41A-20. Display of sexuallYerPlicit material to minors. Sec.41A-20-1.Prohibitions againstminors in sexuallyorierrtedbusinesses. Sec.41A-21. EnforcesrenL Sec.41A-22. hiunctist. Sec.41A-23. Amendment of this draPter.

Sec.41A-11. Sec. 41A-12. Sec. 41A-13.

In this chaPter (1) ACIIROMATIC mans colorless or lacking in saturation or hue. The tertn includes,but is not liiited to, gayq taru, and light earth tones'The t"*, a*t noiinchae white, black, or any bold coloration that attracts attention (2, ADT LT ARCADE means 1nI Place to which the public is perrnitted or invited wherein .Lirr-op"t"ted or slug-ep"t"ted or electronically, or nech-anically controlled still or eleccita[p motion piiture machines,pro!ect91s,o-rothet itnageproduciirg devices are maintained to show imagesto h.r" ot feiu"t Personsper maddne at any one tim,

Dallas CitY Code

u8

s 4rA-2

Sexually Oriented Businesses

s 4tA-2

and where the images so displayed are distinguished or charactefized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." (3) ADLTLT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment that as one of its principal business PurPoses offers for sale or rerrtal for any fonrr of consideration any one or more of the following: (A) books, magazines, Periodicals or other printed matter, or photograPh, filTt, motion piitures, DVD's, video cassettes or video reproduitiors, slides, or other visual rqrresentaHoru, that depict or describe "specified sexual activities" or "speiified anatomical areas"; or devices, or (B) instruments, fo.l *" in corurection paraphernali,a that are designed ivitL "specified sexual activities"' CABARET means a (4) ADULT commercial establishment that regularly features the offeririg to customers of adult cabaret entertainment. (5) ADULT CABARET ENTERTAINER mears an employee of a sexually oriented business who engagel in or performs adult cabaret entertainnent. cABARET (6) ADULT means live entertainment that: ENTERTAIi{I,ENT (A) is intended to Provide sexual or sexual gratification; and stimulation bY or (B) is distinguished characterized by an emphasis on matter depicting, simulating, deicribin9, or relating. to "specified anatomicai areas" or "specified sexual activities"' (7) ADULT MOTEL means a hotel, motel, ot similar commercial establishment that: (A) offers accommodations to the nublic for any forrr of coruideratiory provides patruts television transmissions, films' i"itt "tot"d-circuit video cassettes, slides, or other motion pictures, reproductioru that are characterized pf,.t gtipni.

by the depiction or descriptiur of-;specified sexual aitivities" or "specified anatomical areas"; and has a sign visible from the public right-of-way tha! advertises the availability of this adult type of photographic reProductiuts; or (B) offers a sleePing room for rent of time that is less than 10 hours; or for a period (C) allows a tenant or occupant of a to subrent the room for a period of time sleepingroom that is less than 10 hours. PICTURE MOTION (8) ADULT THEATER means a comrnercial establishment where, for any form of consideration, films, motion pictures,' video cassettes, slides, or similar photographic shown that are reproductions are regularly chlracterized by the d-piction or description of 'specified sexual activities" or "specified anatomical areas." (9) APPLICAM means:

(A) a Person in whose name a Iicense to operate a sexually orimted business will be issued; (B) each individual who sigrrs an for a sexually oriented business license as application r-quired by Sectior alA-a(d) who is an (C) each individual of a sexually oriented business for which a officer license application is made under Section 4lA4' regardlesi'of whether the individual's name or signature aPPears on the application; (D) each individual who has a 20 percent or greater ownership interest in a sexually buiiness for which a license application is bri*t"d made turder Section 41A4, regardless of whether the individual's name or signature aPPears on the application; and (E) each individual who exercises substantial de facto control over a sexually oriented business for which a license application is made under Section 41A4, regardless. of whether the individual's name or signature aPPears on the application.

Dallas City Code

7/6

s 41A-2

Sexually Oriented Businesses (18) ESTABLISHMENT includes any of the following:

g 4rA-2
means and

(10) CHIEF OF POLICE mearu the chief ' of police of the city of Dallas or the chief's designated agent. (11) CHILD-CARE FACILITY has the that ternr in Section 5lA4'204 of the meaning gti* Dallas deietopmertt Code, as amended' (L2) CHURCH has the meaning-given that term' in Section 5]-A'4'204 of the Dallas Development Code, as anended' (13) CONVICTION mearu a convictionin a federal court or a court of any state or foreign nation oi political subdivision of a state or foreign natiol af."i f,"" not been reversed, vacated, or pardoned' idon riction" includes disposition of drarges agairut a person by probation or deferred adjudication'

(A) the oPening or commencement orimted business as a newbusiness; of anysexually (B) the conversion of an existing whether or not a sexually oriented business, business, to any senrdlY oriented business; (C) the addition of anY sexuallY business to any other existing sexually oriented orientedbusines; or (D) business. oriented the relocation of anY sexuallY

operatorof who:

(14) DESIGNATED OPERATOR means license the person or Persons identified in the (20) HOSPITAL has the meaning gY* or in any supplement or amendment to Section 51A-4.204 of the Dallas that term'in ""ofi""tioo lff u.;""; applicition,- as being a designated Development Code, as amended' the sexually oriented business'

(19) HISTORIC DISTRICT means 'rn historic overlay zoning district as defined in the Dallas Dwelopment Code as amended'

(15) EMPLOYEE means any individual (A) is listed as a Part-time, fullth: time, temp orary, or Permtrnent employ-e" ol licensee,or sexually orierrted p"yrlrri .r;- upiu."t [, or business; (B) Performs or -P,rovides the sexually oriented business entertainment on for any form of compensation or pi"-it"s consideration. (16) ESCORTmeans a Person who' for or consideration, agrer;s offers to act as a companion' another Person, or who agreesor *oia", or date f6r to privately model-lingerie or to privately ;fil perform aitriptease for anotlrer Person

(27) LICENSEE means: (A) a Person in whose name a license to operate a sexually oriented business has been issued; (B) eadr individual listed as :rn on the application for a license; applicant (C) each individual who is an officer of a sexually oriented business for which a license has been issued under this chapter, regardless of whether the individual's name or signature appears on the licerrse application; (D) each individual who has a 20 oercent or greatei ownership interest in a sexudly Uusiness for which i licerue has been issued iJ*t"a this chapter, regardless of whether the "iJ"t individual s nani or signature aPPea$ on the license application; and

aPersonor (ln ESCORTAGENCYmeans businessassociationthatfurnistres,offerstofurnish' to furnish escorts as one of its prim-ary oi"a""td"o (E) each individual who exercises business PurPoses, for a fee' tiP' or other substantial de facto control over a sexrally oriented consideration. U*i""t" for which a licensehas been issued under this
regardless of whether the individual's "hap""or sgriature aPPears on the license application' t"oi"

Dallas CitY Code 7/8

g 4rA-2

Sexually Oriented Businesses

s 41A-2

(22) MINOR mearu; a Person under the age of 18 years. (2$ NUDE MODEL STI'JDIO meln6 any .. place where a person who appears in a state of nudity br displays "specified anatomical areas" is provided to be oUserved, sketched, drawn, Painted, sculptured photographed, or similarly depicted by other persons any fonn of consideration in'to piy-oneyor (24) NUDITY neans: (A) the aPPearance of a human bare buttock, anus, male genitals, female genitals, or female breasU or (B) a state of dress that fails to completely and opaquely- cover a- human buttock, anus, mall genitais, iemale qenitals, or any- part of the female breast or breasts that is situated below a point immediately above the top of the areol'a' (2s) oPERATES OR CAUSES TO BE OPERATED means 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 lusiness whether or not that person is an oii*t"d part owner, or licensee of the business' owrter, (26) OPERATOR means any person w-ho has managerial control of the on-site, day-to-day operations-of a sexually oriented business, regardless oi whether that person is a designated operator of the sexuallY oriented business' (27) PERSON means :rn individual, corporation' proprietorship, PartnershiP, issorciation, or other legal entity' (28) PLJBLIC PARK has the meaning the Dallas siven that terrr in Section 51A'4'208 of Code, as amended' bt'"lop-mt (29) RESIDENTIAL DISTRICT means a single family, duplex, townhouse-, 1ul$4le fauril-y,-or -oEil" home tot it g district as defined in the Ddlas Development Code, as anended' (30) RESIDENTIAL USE means a single duplex, multiple family, or "mobile home or a STATE OF NL'DffY

park, mobile home subdivision, and canpground" use as defined in the Dallas Development Code, as arrrended. (31) SEXTJALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel adult motion picture theater, escort agerl.rly'nude model studio, 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 s-exual stimulation or sexual gratification to the customer. (32) SIGN means anY disPlaY, desigt, pictorial, or other representation that is: (A) constructed, Placed, attache4 painted, erected, fastened, or manufactureq in aly *aot et whatsoever so that it is visible from the outside of a sexually oriented business; and (B) used to seek the attraction of any goods, services, or merdrandise the public to available at the sexually oriented business' The term "signl' also includes any representation painted on or otherwise affixed to any exterior portion of a sexually oriented business establishment br to any part 6f tne tract upon which the establishment is situated. (33) SPECIFIED ANATOMICAL means: (A) anY of the following, or any combination of the following, when less than ' completely and oPaquelY covered: (i) any hair; pubic region, or Pubic (ii) human genitals, AREAS

anybuttock; or

(iii) any portion of the female breast or breasts that is situated below a point imnediately above ttf toP of the areola; or (B) human male genitals in a discernibly erect state, even if completely and opaquely covered.

familp

Dallag City Code

7/B

s 414-2

Sexually Oriented Businesses (A)

s 41A-3
the sale, lease, or sublease of

(34) SPECIFIED SEXUAL ACTTVITIES means 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 Penrerted, actual or simulated, including intercourse, oral copulatioo or sodomY; (C) masturbation, simulated; or (D) excretory functions as part of or with any of the activities set forth in in corurection Paragraphs (A) through (C) of this subsection' (35) SUBSTANTIAL ENLARGEMENT of orimted business means an increase in the a sexually occupied by the business by more than 25 floo, "tu"as the floor area existed on: percent, (A) Iune 1& 19f36,for anY Premises were used as a sexually oriented business on or that before that date, regardless of any subsequent changes it .ppficants, licensees, owners, or oPerators of the or the sexually oriented business; pt"iit"" (B) August 22, 2001, for any premises that were used as a sexually oriented Lusiness on or before August 22,2ffi1, but not on or before Iune 18, L986, rcgardless of any subsequent chanqes in applicants, licensee+ o$tners, ot oPeratons of thJpremijes or the sexually oriented business; or (C) for anY Premises not used as a sexually oriened business on or before August 2, 2001' tn a"i" an initial application for a license to use the as a se"oaUy oriented business is received by ;r*,it"t 'tf," .f,i"f of police designating ttt" fl99r area of the structure or proposed structure in which the sexually oti*t"a Uusine; wil be conducted, regardless of any or subsequent changes in applicants-,licensees' ownens' thJ premises or the sexually oriented of op"r"i"o business. (36) TRANSFER OF OWNERSHIP oR mearu and CONTROLof i sexually orientedbusiness of the following: includes anY actual or

the business; (B) the transfer of securities that constitute a controlling interest in the business, whether by sale,exdunge, or similar meatrs;or (C) the establishment of a trust, gtrft,ot other similar feg{ 9"I." that transfers the 6wnership or control of the business, except for transferbybequestor other operationof law upon the death of the Person possessing the ownership or control. (37) VIP ROOM means anY seParate area, room, booth, cubide, or other portion of the interior of an adult cabaret(excluding a restroomand excluding an area of which the entire interior is clearly and completely visible from the exterior of the arla) to which one or more customercare allowed are and or access occuPancy other customers sduded' 20552;21838;23L37 ; (Ord. Nos. 19196;19377 2O291; ; 24440;2469;2Fl295;n89, sEc.41A-3.
CLASSIFICATION.

SexuallY oriented businesses are classified as follows: (1) adult arcades; (2) stores; (3) (4)
adult cabarets; adult motels; adult motion Picture theaters; escort agerrcies;and adult bookstores or adult video

(s)
(6)

(7') nude model studios. (Ord' Nos' 6; ; L9l96; 244,40 ; 2469925,29 27r39)

Dallas CitY Code

S 414"4
SEC.41A.4.

Sexually Oriented Businesses

s 414-s

LICENSEANDDESIGNATED oPELATOR REQLTIRED.

. (a) A person commits an offense if he operates a sexua[y oriented business without a valid license issued by the city for the particular tlpe of business' (b) An apptication for a license must be made on a form provided by the chief of police' - The application hust be accompanied by a sketch or d'iagram showing the configuytion of the Premls9s, inclirding a statement of total floor space occupied by the busiiress. The sketch or diagram need not be orofessionally prepared but must be drawn to a hesignated t."l" ot itawr, with narked dimensions of the irterior of the premises to an accuracy of plus o-r minus six inches. Applcants who must comply with Section 41A'19 of ttris chapter shall submit a diagram meeting the requirements of Section 414-19' (c) Only a Person who is an officer of or who interest in a sexually oriented has an'o*tetship may appfy for a license for the business' Each business applicant iru-st Ue qualified according to the provisions of this dtaPter. If a person who wishes to operate a oriented business is an individual, he must ""*t"ily application for a license as the applicant' If sien thl "o"rrort. who wishes to operate a sexually oriented " friiness is other than an individual, each individual who is an officer of the business or who has a 20 percent or greater ownership interest in the business must sign the application for a license as an aoolicanf Ttre applilation must be swom to be true aii cottect by eicir applicant' Eadr a-pplicant must be oualified ur,i"t Sec[on 4lA-5, and each applic-ant ti"U U" considered a liceruee if a license is granted' (d) a (e) lhe fact that a Person Po-ssesses valid not exemPt the person from dancehall license does

the application must identify all parent and related coqporations or entities of any person who will own or opCrate the sexually oriented business and include the names of the officers of each parent or related corporation or entitY. (g) The application must also include the name, address, and telephone nurrber of one or more designated operators who will be present on the ptemises of the sexually oriented business during all i.ours of operation. Tlre applicant o: licensee shall maintain a current list of designated oPerators with the chief of police. Before a per5on may serve as a designated operator of the sexually oriented business, the person must be narned in the license lPPlicatior; o" i supplement or amendment to the license applicati-on, and not be disqualified to operate a siri.taUy oriented business under this drapter' (h) A licensee comnits an offense if he fails to maintain at least one designated operator Present on the premises of the sexually oriented business during dl hours of oPeration. (i) The application must include a current history report with a official Texas iiiminal fingerprint card (issued within the preceding 12 -oi'rtts) for the applicant, the applicant's spouse, and each designated operator showing $at they are-

o,tiery9d not disqua[ded to operate-a,sg1ually (Ord.Nos' 19196;20552; this business-turder chapter.

2469927139) 21838;2444O; ; SEC.41A.5.

ISSUANCEOF LICENSE.

operates a sexually r-,,-:--.'o limncp- A oerson who operatesa sexuallY businesslicense. Person

Ur- t"qult"ment of obtaining a sexualy orient-ei

(a) Ttre chief of police shall appr-ovethe issuance of a license by the office of financial seryices,special collections division, t9-an applignt within 30 iays after receipt of an application unless the chief of police finds one or more of the following tobe tnre: (1) An aPPlicantis a minor'

a oriented businessani possesses dance hall licmse the riquirementt *9 provisioru of sf..U compty with this chaptlr as well ls the requirements and 14 of this code when f"o.'isions of Chapter applicable.

(2) An aPPlicant or an aPPlicant's fees, is overdue in payment tg fte cit1lof taxes, spouse fir,"r, ot penalties asiessedagainst or imposed upon the applicant or the applicant's sPousein relation to a sexudly oriented business. (f) In addition to identifying those Perso-rut to srgn an application under Subsection(b)' ""q"i*d Dallas City Code

s 41A-5

Serually Oriented Businesses

s 414-s
of (hh) possession child

(3) An applicant has failed to provide for information reasonabiy necessary issuanceof the a guestionor request licenseor has falsely answered for inforrration on the application forsr' (4) An aPPlicant,an applicant'sspouse' a or a designatea opeiator has been convicted of this chapterwithin two pto.'i"ion of lrioi"Uo.,6f " years immediaiely preceding the application' (5) Any fee required by thit drapter has notbeenPaid. (5) Reserved'

pornography; (ii) any of the following in Chapter 21 of the Texas Penal offenses as described Code: (aa) public lewdness; (bb) indecent exPosure; 'indecency

(cc) child;

with

(7') An aPPlicant or the ProPosed establishmenii" i" violition of or is not in compliance *itt S""Uon 4lA'7, 4lA'7'1, 4lA-12' 41A-13' 41418.1,4l A'19, 4l A'20, or 41A-20'1

sexuar j'#:,lu*?'3ill|,., !l assravated "rrl$1) oi-tt" Texas Penal Code;

(iv) incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; or a t te mPt, (v) cri mina I to commit any of the conspiracy, or solicitation foregoing ofJenses; (B) for whidr:

A-1&4lA4l 41 til, it a-u'.2, A'!5,41A-16, +'17'41 (a)'

(8) An aPPlicant, an applicant's sPouse' of a or a designated opeiitor has been convicted crime: (A) involving:

(i) any of the following Texas Penal offenses as described in Chapter 43 of the Code:

(aa) prostitution; (bb) p romot i on prostitution;

(cc) aggravated Promo-

of

(i) less ttran tn'o Years have the date of conviction or the date of elapsed since t"t6"t" from confinement imposed for the convictionv is the later date, if the conviction is of a *fri.L"""misdemeanor offense; (ii) less than five Years have elapsed since the date of convicHon or the date of from confinement for the conviction' r"il"t" is the later date, if the conviction is of a *t i"t offense; or felony ".'.t (iii) tess dran five Years have the elapsed since the date of the last conviction or for the last release from confinement i"i. "f whichever is the later date' if the or "oi"i"ti"", a-,"iaH*" are of two ormore misdesreanoroffenses occuring witttin of misdesreanor offenses **Ui*U-, any 2&month Period'

tion of Prostitution;
(dd) compelling Prostitu6on; (ee) obscenitY; (ff) sale, distribution, materid to a minor; or displaY of harcrful .

(eg) sexual perforrrance

by a child; or

Dallas CitY Code

7/8

s 414-s

Sexually Oriented Businesses

g 4tA-7

(9) An aPPlicant has been operating the proposed business as a sexually oriented business a valid license issued under this chapter' "rithout (10) Operation of the proposed sexually oriented business would violate the city's zoning ordinances. (b) The fact that a conviction is being apoealed has no effect on the disqualification of the aiirUcant, the applicant's spouse, or a designated opirator under Subsection (a)' (c) Except as otherwise provided in this subsection, when the chief of police denies issuance or renewal oi a license, the applicant may not apply for or be issued a sexually oriented business license for one vear after the date the denial became final' If' lubsequent to the denial, the drief of police finds Uut tfi" basis for the denial has been corrected or granted a the applicant may apply-for qdh "b"tud, if at liist 90 dayC have elapsed since the date license the denial became finit. lt issuance or renewal of a license is denied under Subsection (a)(7) for a violation of Section 47A=73 onlp the applicant may be rranted a license immediately uPon comPliance witf, Section 41A-13 of this chapter' If issuance or renewal of a license is denied under Subsection

sexuallyorientedbusiness.The licensemust be posled place at or near the entranceto the in a conspicuous sexually brienteilbusiness so that it uray be tts4l 79377;20552; read af any time. (Ord. Nos. 791961 r39, ; ; 21629Zt8fj8;24206244402469927 ; ; sEc.41A6. FEES.

(a) The annual fee for a sexually oriented bwiness licenseis S1,400. 'fees require{ (b) ln addition to the . !1 Subsection (a) and (c), an applicant for an initial sexually oriented businesslicense shall, at the time of making applicatioo Pay a nonrefundable fee of foittrihty to conduct a sun'ey to msure that $3,175 the proposed sexually oriented business is in with the locational restrictions set forth "o^fUatice 41A-13. in Section (c) In addition to the fees requit"9.!{ Subsettions (a) and (b), an applicant for an initial sexually oriented business license shall, at the time of making application,Pay anonrefuldable fee of $90 for the Jhie:f of police to obtain a letter of zoning verification to ensure that the proposed sexually orientedbusinessis perrritted in the zoning district in which it will be lolated. The chief of police shall request and obtain the letter of zoning verification froir Uredeparhnent of development serviceswithin 30 days after receipt of the license application' For anv senrally oriented busineseholding a valid license will apply to the this subsection ot'O.toU"t'?S,zCff,,, issued after October25, first renewal of that license 2000. (Ord. Nos. 19196;20612;21838;22206;24051; ; 2440; 2MD ; ?fi 47; 250l.8 2.5i909l. SEC.41A.7. INSPECIION.

the appropriate number of years required by Subseition- (a)(8XB) has elapsed' If issuance or (aX4)' of a ilcenseis denied under Subsection ;;;J another the applicant may not apply for or be issued oriented business license until the time ""*oiUt iequired by Subsection(aX4)has elapsed' punoa

or be l"iieltal, the applicantmay -not apply for until license business siiually oriented another ;Aa

(d) The chief of police, lPon-.aPPro"--g i*""tiJ of a sexually oriented businesslicense' shall r""a t" the applicant, by certified mail' return i"""ipt t"q.t"tted, written notice of that action and siate'where the applicant must- P?y +e license fee a Ot"i" the licerse. The drief of police's approval "t th. irro*." of a license does not authorize the ;i applicant to operate a sexually oriented business ;,:ttt tL" applic'anthas paid all fees-reqrriredby this of chapter atti obaitted possession the license' (e) The license, if granted, must state on its f"c" the rra-e of the person or Personsto whom it is the expiration date, and the address of the ;;;d,

(a) An applicant, licensee, oPerator,-or emplovee shall permit representatives of the police the department of environmental and a"J"t6o*t, freitUr servites, the fire department, the department oi coa" compliance, ind the buildint gfficial to inspect the prlmises of a sexually oriented business' f";'th" purp'oseof ensuring compliancc with the law' u^.ilt is occupied or oPenfor businessand at "i "ty otheireasonabletimes upon request'

Dallas CitY Code

7/8

s 41A-7

Sexually Oriented Businesses

s 414-7.1

(b) A person who operates a sexually oriented comrnits an businesi ot tt e person's agmt or e1mPlgy-T he reiuses to permit a lawful inspection of if "if"*" premises by a rePresentative of the qolicg the t, the'departnrent of environmental and J"o"iut "t nefutfr services, the fire departnrent, the department of code compliance, or the building official at any time the se*oatly oriented business is occupied or oPn for business aira at other reasonable times upon request. (c) The provisions of this section do not lPPly to arels of an adult motel that are currently being rented by a customer for use as a permanent or (Ord. Nob' t9196; 19377; habitation. l"^oot"tv ; zs6g+; 2444o;24699 27739) zzoi6; IDENTIRCATIONRECORDS'

(8) Date of commencement of employment or contractual relationship with the semdly orientedbusiness. (9) Original color photograph with a faceview that accurately depicb the employee's full an at appearance the time the employee commenced employment or contractual relationship with the sexuallyorientedbusiness. (c) The licensee shall maintain a separate file on-each designated operator (other than the spous) and on eachadult licenseeor the licelrs,ee's cabaret entertainer, whidt contains, in addition to the information and documentation required in Subsection(b), the person's current official Texas criminal history report with a fingerprint card issued within the Preceding12 months' (d) Not later than 90 days after employing o-r contracting with a designated operlfor or an adult cabaretenlertainer, the licensee shall include in the file a current official criminal history report frort anv state other than Texas in which the designated oolrator or adult cabaret entertainer resided during of UretZ-month period preceding commencement the br contractual relationship with the employment senrally orimted business. (e) A licenseecomrrtits an offenseif he allows designatedoperator to operate a sexually-ory"Fd a with6ut having on file, and available for busine-ss inspection by representatives of the pofige departurent,ali recoids and inforrnation required by ttG s""tiot for the designatedoPerator' (f) A licensee or an operator commits an offense-if he allows an adult cabaret entertainer to perform adult cabaret entertainment at a sexually 'oriented business without having on file, and available for inspection by representatives of the oolice department, all records and information iequired by this section for the adult cabaret entertainer.

SEC. 41A.7.1.

(a) A person commits an offmse if he operates on ,"*n.ily oriented business without maintaining card or file that " the premises a current registration completely idintifies all employees.of *i by this "f""ify Ut" tJ*""Uy oriented business as required section. (b) The registration card or file must contain the foilowing irformation for each employee: (1) (2) (3) (4) (5) weight. (5) Current residence address and and telephone number, and, for designated operators addresses ."U"tet entertainers, all residence "l"ii the l2-month period prec{rng5gytmencemnt a*tg *t or contractual relationship with oi-*io,ptoy the sexuallY oriented business' Full legal name' All aliases or stage names' Date of birth' Raceand gender' Hair color, eYe color, height, and

(s) All records maintained on an employeein with this section must be retained at the .o-pi-"t "" r"*n.Uy oriented business for at least 90 days following the date of any yolungry or involuntary (7') Legible coPY of a valid driver's tenninatiin of the eurployee'semploymentor conbact personal license or'other-goverriment-is-sued with the sexually orierrted brisiness' il-Jiiiii."tion card containing the employee's
photograPh and date of birth'

Dallas CitY Code

g 4rA-7.1

Sexudly Oriented Businesses

s 41A'10

(b) The chief of police shall revoke a license (h) A personwho operatesa sexually"-T"*"d chief of police detennines that one or more of businessot the person's agent or employeeshall allow if the is true: to immediate access these recordsby representatives the following (Ord' Nos' 24440;24699; of .thepolice department' (1) A licensee gave false or misleading 27139) material submitted to the drief of infomration in the police during the application Process'

SEC.41A.8.

DCIRATION OF IICENSE.

(ord' by th" pendency 9l-q9-TP-tI"tion' "n".t"J 2}55it 27838;24/gi0; 24699 27739) ; N*. rgrqei
sEc.41A-9. SUSPENSION'

Each license expires one year from the date of issuance,except that a license issued pursuant to an to a locational restriction expires on the ;;;td;" exemption expires-'. A license m1y- !e ;;G'th" i"t"*ua ody by making applicationas providedin -Application for renewal should be S""Uot 41A4. Uefore the expiration date' and least 30 ailis -"a" "t made less thin 30 days before the expiration *t "" J"t", ttt" expiration of the license will not be

(2) A licensee ot an oPerator has knowingly allowed possession, use, or sale of conholled substanceson the prenises' (3) A licensee or'an oPerator has knowingly allowed prostitution on the Prerdses' (4) A licensee or an oPerator knowingly the sexually oriented business during a operated period of time when the licensee's license was suspended. (5) A licensee or designated operator has been convicted of an offerue listed in Section 41AS(aX8XA) for which the time- period required in Section alA-s(aX8XB) has not elapsed' (6) On two or more occasions within a l2-month period, a Person or Persons committed an offense occurring in or on the sexually orimted business premises of a crime listed in Section 41As(aX8)(Aifor which a conviction has been obtained, ti." person or Persons wete employees- of -the "tii licensee or the sexually oriented business at tlrc time the offenses were connitted' (7) A licensee or an oPerator has knowingly allowed any act of sexud intercourse, roao-yl bral copulati6n, masturbation, or sexual conbcfto ocrur inor on the senrally orimted business premises. The terrr "sexual contact" shall have the iame meaning as it is defined in Section 21'01, Texas Penal Code. (8) A licensee is delinquent in pa1'ment to the city'for hotel occuPang taxes, ad valorem taxes, or iales taxes related to the sexually oriented business. (9) A licensee or an oPerator has violated Section 41'A'12 of this drapter'

The chief of police shall suspend a license for a of police neriod not to exceed 30 days if the chief or an hetermines that a licensee, an operator' employee has: (1) violated or is not in compliance with 41A.14"1" Section 41A-4(h), 4lA'7, 4\A'7'1, 4lA-!3'

1' tra-rs, 47A'16, 4l A-r7, 41A-1& 41A-18' iti-ii.z, 4lA-19, or 41A'20of this chaPter;

(2) refused to allow an irupection of the by sexually ori'entedbusinesspremisesas authorized this chaPter; or (3) knowingly permifted gambling by on anv Derson the sexuallybrientedbusinesspremises' ; 244402469927r39) ; (Cfa'.Nos. 19196; sEc.41A-10. REVOCATION'

(a) Ttre chief of police shall.revoke a license and dre if a cai# of suqrensionin Secion e1A-9occurs suspendedwithin the preceding 12 licensehas be; montlu.

Dallaa CttY Code

s 41.A-10

Sexually Oriented Businesses

s 414-10.2

(10) A licensee or an oPerator has violated Section a7A-20.1'(a)of this chapter' is being . (c) The fact that a conviction on the revocation of the appealed has no effect license. (d) Subsection (b)(Z) does n9t apply t9 ad$t motels as a ground for revoking the-ficenseunless the or Employee knowingly allowed the act of ii."*"" sexual intercourse, sodomy, oral copulatio-n, masturbation, or sexual contact to occur in a public pliace or within Public vieu'' (e) When the chief of police revokes a li"er,se, th" revocation will continue for one year' 1nd the U"et s"", for one year after the date revocation ' effective, shall not aPPly for or be issued a b".o*"t sexually oriented business license for the same for which the license was revoked' If' i"."ti.i subsequent to revocation, the chief of police finds tfr"tUri" basis for the revocation has been corrected or a ub"t"d, the applicant may apply for qdb" granted date U."*" ff at bist 90 dayC have elapsed since the the revocafion became effective' If the license was revoked under Subsection (b)(5), an applicant may not for or be granted another license until the "ppfv aiitLptiate numbir- of yeans reqrrired uSder Section

license period or an unlicensed period will not be counted against a current applicant or licensee of a sexually oiented business if no person who is deemed a current applicant or licensee wali an applicant, licensee, o"nier, or operator of the sexually oriented business during the prior license period or unlicensed period in whictr the offense was committed. (Old' Nos.2459;27139) SEC. 41A-102. NOTICE OTDENIAL OF ISSUANCE OR RENEWAL OF LICENSE OR SUSPENSION OR REVOCATION OF LICENSE; SI.JRRENDEROF LICENSE. (a) If the chief of police denies the issuance or renewal of a sexually oriented business license or suspends or revokes a sexually oriented business lice'nse, the chief of police shall deliver to the applicant or licensee, either by han{ delivery or by certified mail, return recerpt requested wriften notice of the action, the basis of the action, and the right to an appeal. (b) If the chief of police suspends or revokes a license or denies renewil of a license that was valid on the date the application for renewal was submitted, the chief olpolice may not enforce such action before the llth day after the date the written notice required by Subsection (a) is delivered to the applicant or licensee. (c) After susPension or revocation of a license or denial of renewal of a license that was valid on the date the application for renewal was submitted, the applicant oi Ucensee shall discontinue operating the seiually oriented business and surrender the license to the ctrief of police by 1159 p'rn' of the 10th day after the date: (1) notice required by Subsection {a) is delivered to the applicant or licensee, if no appeal is filed under Section 41A-11 of this chapter; or (2') a final decision is issued, by the oerrrit and license appeal board upholding the action Lf tf," chief of pofice if an appeal is filed under Section 41A-11 of this chaPter. (d) For purposes of this chapter, written notice is deemed to be delivered:

19377; aii-sialtsxB) has elapsed. (Ord' Nos' L9196; 739) 2469927 24440; ; 2162924206; ; sEc.41A-10.1. DENIAL, SUSPENSION, REVOCATION,ORDENHL OF FOR OF RENEI4TAL A LICENSE CRIMINAL CONVICTIONS. (a) In determining whether .a sexually orientJUusiness licensestrouU be denied,suspended' i"""t"a, or denied for renewal based on criminal convicUonsof an applicant or licenseeof a sexually oriented business,or on convictionsof an operator-or of the applicant, the licensee' or the "iofo"". oriented business,all convictionsfor offenses ;;diy within a designated time period will be ;;;;;tfig ."""tla,"*gardless of w[ether the offerses occuned durins the-current license period, a prior license periodl or an unlicensedPeriod' (b) Notwithstanding Subs-ection (a)' a cor,.rictiot for an offense committed during a prior

Dallas CitY Code

s 414-10.2

Sexually Oriented Businesses

s 41A-13

(1) on the date the notice is hand or delivered to the applicant or licenseel (2) three days after the date the notice . is placed in the United States mail with ProPer ooJt"e" and properly addressedto the applicant or ii"o,"E" at thi aiat*s provided for the applicant or licenseein the most recent licenseapplication' (Ord' ; Nos. 24440;2469927739) SEC.41A-11. APPEAL. (a) Upon delivery of wri.tten notice of the deniai,'sust'ensioni or-revocation,of a sexually oriented buJness license as required by Section41AiO.a U." applicant or licenseewhose application for a licenseoi iice*e renewal has beendenied or whose license has been suspended or revoked has the right to either the permit and license appeal lo "pp""t board-or the state district court' (b) An appeal to the permi!- and license with Section2-96 appealboard -.t"f U" in accordance frogr the denial of oi'U"it code,xcept that an appeal * itiH"f sexually oriented businesslicensemust be and decidid by the board within-3Odays after il; the appfi"at t files a written request for an appeal hearing. (c) The filing of an appeal under this section staysihe action of the chief of police in suspendingor t J*it g a license,or in denyingrenewal of a license tf,"i *it valid on the date the application for r*,"*"f was submitted, until a find decisionis made ;; th" per:nit and licenseappealboard'A suspmsion oi *o'""Uo" of a license, ora denial of renewal of a license that was valid on the date the application for renewal was submitted, that is upheld by Fe takes effect at 11:59P'm' on the 10th day after ;;i the board issuesits decision (d) An appeal to the state district court must UenJ wiftin 5Oa"yt after notice of the decision of U"" .t i"f of police is delivered to the applicant or U;lrrs; as rlquired by Section41A-10'2or a final is iss'ied by t1'" pennit qrd liSnse appgal ;;; U"*J *n"lding thi decGion of the chief of police' o-t licensee shall bear the burden of ii" district to.,state ""iri""ttt The filing of an ap.peal court. ;;;i'iti of the liccnse'or revocation burt staysa suspension-or

denial of renewal of a license that was valid on the date the application for renewal r'rias submitted, pendins a iiriicia deterrrination of the aPPeal by the Li"t .oirtt. (Ord. Nos. L9196; 20552; 27838;24440, 24699;27139)

SEC.41A-1A

TRANSFEROFLICENSE.

A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at anv place other than the addresS designated in the application. (Ord. Nos. 19196;2444O;2M99, LOCATIONOFSE)ruALLY ORIENTE'D BUSINESSES.

SEC.41A.13.

(a) A prson commits an offense if he causesor -operation, establishment, substantial permiir the inlarqement, or transfer of ownership or control of a r"*oity oriented business within 1,000 feet oft (1) a church;

(2') a public or private elementary or secondary sdrooL (3) a boundarY of a residential or historic district as defined in this chapter; (4) a Public Park;

(5) the property line of a lot devoted to a residerrtial use as defined in this drapter; (6) (71 a hosPital; or a child-care facilitY'

(b) A person commits anoffense if he causesor put itt the'operation, establishment, substantial Lnlarsement, oi transfer of ownership or control of a r"r.ti'tty oriented business within 1,000 feet of another sexually oriented business' (c) A person commits an offense if he causesor permib the operation, establishment, -or maintenance if o,ot" than one sexually oriented bysiness in the same building, stnrcture, or portion of a building or

Dallas City Code

s 41A-13

Sexually Orlented Bueinessea

s 414-13

strucfure, or the increase of floor area of any sexually oriented business in any building stmcture, or portion of a building or structure containing another sexually oriented business. (d) For the PurPoses of Subsection (a), measurement must be made in a straight line, without regard to intervening structures or objects, from the ne-arestportion of the building or structurc used as a part of'the premises where a sexually oriented Lusiness is coirducted, to the nearest property line of the premises of a church, public- 9r pr!v1!e elementary or secondary school, hospital, or childcare facility or to the nearest boundary of an affected public paik, residential district, historic district, or residential lot. (e) For purposes of Subsection (b) of this section, the diltance between any two sexually oriented businesses must be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located' (f) Any sexually oriented b"siness lawfullyoo"r"tir,g on May 28, 1997 that is in violation of Subsecti6ns (a), (b), or (c) of this section is a nonconforming use. The nonconforming use will be permitted to continue for a period -not to exceed six inonths, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days o-r more. The nonconforrring use may not be increased, enlarged, extended, or altered, except-that the use -"v 6" changed to a conforrning use' If two or more ,"rL"Uy orieited businesses are within 1,000 feet of orr" -oth"r and otherwise in a pennissible location, the sexually oriented business that was first established ind continually operating at a particular location is the conforming use and the laterestablished business is nonconforming' (g) An owner of a nonconforming sexually orieniEd business who cannot recouP actual investments in the use by November 29, L997 may request an extension of the compliance date from the UoLa of adjustnent. The request must be in writing a fn"a *itt ttt" city building official on or before "t October 29,7997. No application for an extension

that is received by the building official after October 29,7997nay be considered. (h) Ttre board of adjustment shall conduct a hearing on the request for extension in accordance with ipplicable procedures set forth in Section 51A4.7h9 of the Dallas Development Code. If the board of adjustrnmt determines that the owner of the nonconforming sexually oriented business cannot recoup actual inveshents in the use by November 29, 7997, it may by written order provide a new The board of compliance dati to the owner. consider tlre factors listed in Section adiuLitment shall 51A4.704(aX1XD) of the Dallas Development Code in determining whether to grant the request for extension. Any extension granted by th" board of adjustment must specify a date certain for dosure of thi sexually oriented business and is not valid for operation of the business at any other location. (i) The board of adjustment's decision on a request for an extended compliance dlte is final uless appealed to the district court within 10 days in aciordance with Chapter 2ll of the Texas Local GovemmentCode. (t) A sexually oriented business that remairs in opeiation pursuant to an extension granted under thisiection G not considered as having a license for a purposes of measuring distances betw-e-en sexudly and a churdr, a public or private o"ientea business elementary or secondary school, a borrndary of- a residentiai or historic district, a public park, the property line of a lot devoted to a residential use, a i or'pit"i, a child-care facility, 9r another sexually orierrted business, as required in Section 41A-13' (k) A sexually oriented business lawfufl/ operating as a conforming use is not rendered a nbnconfJrrdng use by the location, subsequent to the grant or rmewal of the sexually oriented business f,"m"", of a ctrurch, public or private elemmtary or secondary school, public !'ark' r-esidential district' historic iistrict, residentid lot, hospital, or childcare facility within 1,000 feet of the sexually oriented buiiness. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a Ucenie ftas expired or has been revoked.

s 41A-13

Sexually Oriented Businesses

s 41A-14

(l) Requirements for posting an intent to locate a sexually oriented business' (1) Whenever a sign is posted at an .. intended location of a sexually oriented business in compliance with Section 243,Cf.75of the Texas Local Govemment Code, as amende4 and the intended location of the sexually oriented business is not in violiation of the locational restrictions of this section at the time the sign is posted, the sexually-oriented business will qualify as a confornring use and will not be rmdered non'confonningby arry locatiory subseqtrent to the posting of the sign -of a church, p-ublic or private elem"it"ty or secondary school, Pplig 9a1k, residential distriit, historic district, residential lot, hospital, or child-care facility lvithil:r 1,000 feet of the posted location of the sexually oriented business' (2) The operator of a proposed sgluallf oriented business shali notify the chief of police, by either certified mail or hand delivery, whenever a sim is posted at the intended location of the business with Section 243'0075 of the Texas iri.o^pti*ce Local G'ovemment Code, as amended' The notification must be in the forrr of a sworn statement indicating the location of the sign and the date it was posted and must be received by the chief of police within five dala after the date of the sign's posting' (3) not apply if: Paragraph (1) of this subsection does

sexually oriented business establishment is in violation of Section 41A-13 of this chapter, then the applicant may, not later than 10 calendar days after riieiving notice of the denial, file with the city secretary a wriften request for an exemption from the locational restrictions of Section 414-13. (b) If the written request is filed with the ciW secretary within the 10-day limit, a pennit and license appeal board, selected in accordance with Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing -OO days from the date th6 written request is within received. (c) A hearing by the board may proceed if a quorum of the board is present. The board shall hear ind consider evidence offered by any interested percorr. The forcral rules of evidence do not aPPly. (d) The perrrit and license appeal board map in its discretion, grant an exemption from the locational restrictions of Section 41A-f3 if it makes the following findings: (1) that the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public saletY or welfare; (2) that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent the development of urban bligh$ ite"s ot "n"ourage (3) that the location of the proposed sexually oriented business in the area will not be contrary to anyprograrrr of neighborhood consen'ation ,rot *iU it intirfere with any efforts of urban renen'al or restoration; and (4) that all other applicable provisions of this chapter will be observed. (e) The board shall grant or deny the exemption by a majority vote. - -Fat]u1e to reach a majority vote shall resrrlt in denial of tlre exenrptio-n' pisput6s of fact shall be decided on the basis of a preionderance of the evidence. The decision of the and license aPPeal board is find' i"titit

license (A) a comPleted sexually oriented application for the proposed Uiriirress is not filed wift ttre chief of police within 20 davs after the expiration of the 50-day posting of Sec-tion 243.0075 of the Texas Local i"doit"o,".t G&emment Code, as amended; or (B) the notification requiremgnls 'this subsection are not met' (Ord' of Paragraph (2) of ; ; ; ; Nos. 19"196;19377 20297; 21629 23137 24440; 24699 2ffie2) D(EIVIPTION TROM LOCATION RESTRICTIONS.

SEC. 41A-14.

the issuance of (a) If the cfrief of police d*io because the location of the a license to an applicant

s 41A-14
(f)

Sexually Oriented Businesseg

s 41A-14.2

If the board grants the exemption,-the is valid for one year from ihe date of the "*"*ptior,action. Upon the e:rpiration of an exemption' board s ttre sexually oriented business is in violation of the locational ieshictions of Section 41A-13 until the applicant applies for and receives another exemption. (g) If the board denies the exemption, the aoplicint may not re-apply for an exemption until at t""t rZ *ot'tlt" have Llapsed since the date of the board's action. (h) The grant of an exemption d9e9 not exerrpt the applicant irom 1lI -othe1 provisions of this other than the locational restrictions of ;h;"i;; il"f,"" 41A-13. Ttre grant of an exemption does not the applicanifrom the provisions of Section "r,uo,pt prorri6iting substantial enlargement of a ilA-tg ^otiet ted business' (Ord' Nos' 19196;24440; se*uaUy 2469;25ffi2) SEC. 41A.14.1. EXTERIORPORTIONSOF SDfl,'ALLYORIENTED BUSINESSES. (a) An owner or oPe-rator.of a--sexually allows: oriented business comnits an offense if he (1) the merchandise or activities of the outside the establishmeni to U" visible from any point establishmenU (21 the exterior Portions of the anl words' establishmeni to have flashing Ughts' oI drawings' -or lettering, photographs, silhouettes, of any manner except to the "-i.l"tttf"t"irtese.--tatibtu chapter; or extent permitted by this of the (3) the exterior Portions any color other than a establishment to be painted rit ef" achromatic coior, except that this P1-?gra.Ph aPPly to an establishment if the following ao"? "tt conditions are met: (A) the establishment is a Part of a commercial multi-unit center; and (B) the exterior Portions of each centet' individual unit in the commercial multi-unit

including the exterior portions of the establishment, are painled the same color as one another or are painied in such a wa1 as to be a component of the 'overall architectural style or patlern of the multi-unit center. commercial (b) Nothing in this section requires thepainting of an othenrise unpainted exterior portion of a sexuallyorientedbusiness. (c) The exterior of any sexually oriented businesslawfully operating on May 28, L997is not reouired to comply with Subsectioru(aX2)and (aXg) 'this section ut lit altetatioru, rcpairs, remodelinp of and repainting that cumulaHvgly affu more than 50 o"r.*i of thelxterior are perforured on the sexually brio,t"a businessduring any 12-monthperiod' (Ord' Nos.2313424440;2&99) sEc. 41A-142. SIGNR'EQI'TIREMENTS (a) Notwithstanding any provision of the Dallai Development Code or any other "ity ordinance, code, or regulation to the contrary, the or owner or oPeratorof any sexually9{ented business -person he erects, commits an offense if any other constructs, or maintains any sign fol the establishmentother than one primary sign and one sig+ asprovided in this section' secondary (b) A primary sign may have no nrore than two display surfaces. Eachdisplay surfacemust: (1) (2) (3) (4) in lengttu (c) A secondary sign may have only one display surface. The display surfacemust (1)
(2) (3)

not contain anY flashing lighs; be a flat Plane,rectangularin shape; and 75 not exceed squarefeetinarea; not exceed10 feet inheight or 10feet

not contain anY flashing lighb;

be a flat plane, rectangular in shaPe; not exceed 20 square feet in arc4

g 4rA-r4.2

Sexually Oriented Businesses

s 41A-15

(4) not exceed five feet in height or four feet in width; and (5) be affixed or attached to a wall or . door of the establishment. (d) A primary or second-ary sign must contain no phoiogr"phs, silltouettes, drawings, or pictorial of any manner, and may contain only: i"pt'"r""t"iioil" (1) and,/or (2) one or more of the followingphrases: (A) (B) video store." (C) "Adult cabaret." "Adult arcade." "Adult bookstore or adult the name of the establishmen$

(1) the sign is intentionally removed or destroyed by the owner or oPerator of- the sexually orientid bu-siness or abandoned by the owner or operator of the sexually oriented business; or removal, (2) the citY requires of the sign in accordance relocatiorL or reconstruction with applicable state law. (Ord. Nos. 23137;24440; 2M99;8296)

SEC.41A.15.

ADDMONALREGT'I.ATIONS FOR ESCORT AGENCIES.

A person commits an offense if the person acts as escoit or agrees to act ,rs an escort for a minor' an 2459D 27739) ; (Ord. Nos. 19196;2444O;

SEC.41A.16.

ADDMONALREGI''INTIONS FOR NI.'DE MODEL STT''DIOS.

(D) "Adult motel." (E) "Adult theater." (F) "EscortagencY"' (G) 't'Iude model studio"' (e) In addition to the phrases listed in Subs#on (d)(2) of this section,a primary srgn lor an adult motion'picture theater may co-ntainthe pluase' "Movie TitleiPosted on Premises,"and a primary sim for an adult bookstoreor adult video store may the word "DYD'I"' "oi.taitt (f ) Eachletterfonning a -wo1don ap-rimary or secondarysign must be of a solid color, and eadr letter must be'thJsame print-type, size, and color' Ttre U".tgro""d behini the lettering on the qisPlly a t*f"i" of a primary or secondarysign must be of uniforrr and solid color' (e) Notwithstanding the sign requirementsof Uti" r"Z'ti"., and Section 4IA'74'7, any lign lawfully on the premises of a lawfully ope-rating ;;titg may s"*"U"y oriented business on May 28' 1997 until: tobe maintainedon the premises' ;;;6r#
motion

(a)

Reserved.

picture

A minor commits an offense if the minor a state of nudity in or on the premises of a "pp""tt,it nude model studio. (b) (c) A person commits an offense if t" pgp* allolvs appears in i state of nudity- or lnoyingly '"iri*r"t in a state of nudity in an area of a to aPPear nude model-stuaio premises that can be viewed from the public right-of-waY. (d) A nude model studio shall not place -or pennii a bed, sofa, or mattress in any room on *re premises, except that a sofa- may be placed in a neception roorr open to tre public' (e) An emPloyee of a nude model studio, while exposing iny specified anatomical ateas, commits an offense if the employee toudtes a cust'omer or the dothing of a customer' (f) A customer at a nudemodel studio corunits an offense if the customer touches an enrployee who is exposing any specified anatomical areas or touches thi clothing of the emPloYee'

Dallas City Code

s 41A-15

Sexually Oriented Businesses

s 41A-18.1

(g) A licensee, an operator,-or an employee of a nude?odel studio commits an offense if he penrrits any customer access to an area of the premises not .riJibt" from the manager's station or not visible by a walk through of the premises without entering a closed area,-excluding a restroom' (Ord' Nos' 19196; 23137 24/H;0 2469 ; 27139) ; ; ADDITIONALREGT'LATIONS FOR ADT'LT MOTION PICTT'RE THEATERS.

SEC. 414-18.1. ADDMONALREGTJLI\TIONS FOR ADI,'LT CABARETS. (a) A licensee or Ern operator of an adult cabaret commits an offense if he employs, contlacts with, or othenuise allows a Person to act as an adult cabaret entertainer if the person has bem convicted of an offense listed in Section am-s(aXBXA) for whidr the time period required in Section alA-s(aX8XB) has not elapsed. (b) An emPloyee of an adult cabaret, while exoosing any specified anatomical areas, comrrib an otienselt the imployee touches a customer or the clothing of a customer. (c) A customer at an adult cabaret commits an offense'if the customer touches an employee who is exposing any specified anatomical areas or toudres thi clothing of the emPloYee. (d) An adult cabaret may not contain anyVP rooms, except that any VIP room contained in a lawfully opirating adult cabare! on April 27' 2008 may continue in existence untili*;Aprih'2t7': 2049, provided that no adult cabaret entertaincren[occur in theVIP room. (e) Except for a restroom or an Eueaof which the entire inter-ior is clearly and completely visible from the exterior of the area, no area of an adult cabaret ttrat is accessible to a customer may be separated from any other customer-accessible area by a'doot, wal[, curtain, drape, partitiory or room divider of any kind. Nothing in this subsection precludes the in'stallation or maintenance of any wall Lr colrrmn that is essential to the structural integrity Any adult' cabaret lawfully of tf," building. on epril 21, iffig must comply with the operating riquirenients of tftis subsection not liater than April

SEC.41A-17.

(a) A person commits an offense if he all'ows a minor to apgeg in a state of tto*i"ity nudity ii or on the premises of an adult motion picture theater. (b) A minor comrnits an offense if the minor tnowinelv appears in a state of nudity in or on the '"i', adult motion picture theater' (Ord' tf "-r"-ir"i 95; 2L838;2440 ; 24699 27739, ; ilIos. 191 ADDMONALREGI''LATIONS FOR ADI,'LT MOTELS.

SEC.41A-18.

(a) Evidence that a sleepinq room in a hotel' -ot"L or similar commercial establishment has been and vacated two or more times in a Period of ;i;a is less than 10 hours creates a rebuttable iir," ,t "t that the establishment is an adult motel "i"t*pUot l" Ut"t ienn is defined in tlxis drapter' (b) A person commits an offense if, as the control of a sleeping room in a hotel, motel o"*oii. not ii rio,if"t commercial establishment that does business license, he rents or sexually oriented h".'" 10 " r"Ui""tt a sleeping room to a Person and, within the room is rente4 he rents or hours from the time subrents the same sleepingroom again' (c) For purposes of Subsection (b) of this the act of section" ttre te#rs "ient" or "subrent" mean to be occupied for any forrn of a room rr"tr,itii.e (Ord- Nos' 19195; 24440;2M9) ["*ia.t"Eo".

21,20w.
(f) A licensee, an operator, oran employee of adult cabaret commits an offense if he perndts any an customer accEssto an area of the premises: (1) not visible from the manage-r's staHon or not visible by a walk through of the premises without entering a dosed alea, excluding a restrodn; or

s 41A'18.1
(2) business. the

Sexually Oriented Businesses

s 414-1e

not regularly open to all customers of

.. (g) Adult cabaret entertainment must occur onfy iriine presence of, and be visually obsewable bn an lmployee who is not an adult cabaret entertainer' A licensee or operator commits an offense if he knowingly allowi adult cabaret entertainment to be perfomrid in violation of this subsection' (h) The purpose of Subsections (d), (e), (f), and (g) oi this section is to reduce the opportunity tot activity such as indecent exPosure' uilawful solicitation for piostitutiory and prostitution that occurs in VIP rooms and other areas of adult cabarets that are not open to the view of managemerrt persorutel, law enforcemertt officers, and customers- B-y itof,iUitit g VIP rooms and requiring adult to be performed in more open--a1d ;"i";i;i"-Ent unlawful activity- will -be visible surroundingj, deterred because it ;ill be more readily observable bv management personnel, laW enforcement officers' ; ; to-*"o. (Ord. Nos. 23137; 24440 24699 27139) #d "* SEC.414-19. REGI,'LATIONSPERTAIMNGTO EXHIBITION OF SEXUALLY E)(PLICIT FILMS OR VIDEOS.

street or object and should be drawn to a designated scale or wiih marked dimersions sufficient to show the various internal dimmsions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the appt-icant adopts a diagram that was previously r.tU-itt"a and-certifies that the configuration of the premises has not been altered since it was prepared' (2', The application must be sworn to be true and correct bY th" aPPlicant.. (3) No alteration in the configuration or location of a manager's station may be made without the prior approvil of the chief of police or the chief's designee. (4) It is the dutY of the owners and operator of the premises to ensure that at least one eirployee is on duty and sihrated in each manager's staiion at all times ihat any pabon is present inside the premises. (5) The interior of the premises must be configured in such a manner that there is an unobJtnrcted view from a managet's station of wery area of the premises to which- any patron is permitted acceJsfor any PurPose exduding restrooms' h.estrooms may not contain video reproduction equipment. If tlie premises has two ot more manager's stltions designated, then the interior of the preurises must be configurea u.*suclt a manner that there is an unobstructed vjew of each area of the premises to which any patron is perrnitted accessfor any PurPose from at liast one of the manager's stations' Ttre view required in this subsection must be by direct line of sight from the manager's station' (6) It shatl be the duty of the owners and operator, and it shall also be the duty of any agentj and enployees Present-in.the premises, to that the-view area specified in Paragraph (5) "i"*" of this subsection remains unobsbnrcted by any doort, walls, merchandise, display racks, or other materials at all times that any patron is presmt in the premises and to er.lsure that no Patrorl is permitted accees to any area of the prgmises that has been designated ai at area in which q1trgns will not be p"tiitt"d in the application filed pursuant to itaragraph (1) of this subsection'

(a) A person who operates or causes to be oput"i"i a seiually oriented business, other than an aiult motel, whiih exhibits on the premises in a g room of less than 150 square feet of floor "" film, video cassette, or other video "i*it ,o".", that depicts specified sexual activities i[orJ.r"tion anatomicil areils, shall comply with the oi'spainea folowing reguirements: (f) UPon aPPlication the application must be business'lic"tsi, oriented ied by a diagram of the Premises showing a ""coo,pat plan tirereof siecifying the location of one or more '*"""*"Jt staions'anJ the location of all overhead fixtures and designating any portion of the lfid; in which patrons will not be perrritted' A ;ffi;t station may not exceed 32 square feet of ;;;;;t The diagram must also designate the A;;;;"". which the lerrnit will be corrspicuously of"ce '""Ja, "t if granted. A professionally prepared in fre nature of an engineer's or ardritect's iiigt"it UtuEprint is not required; however, eadt diagr"'n b" oriented to Ure north or to some designated ;;.tfi

Dallas City Code

s,41A-19

Sexually Oriented Businesses

s 41A-21

(7) The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access Lt an illumination of not less than one (1.0) footcandle 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 aeenti and employees Present in the premises, to that the-illumination described in Paragraph "ir*"of this subsection is maintained at all times that (7) any patron is present in the prenises' (b) A person hatting a duty under Paragraphs (1) thr;;gh (8) of Subsection (a) commits an offense if fails to fulfill that duty' (Ord' Nos' t" t"o*-i"gly 19196;2444O;24599) DISPLAY OF SHUALLY EXPLICIT MATERHL TO MINORS.

(2) the cover or outside packaging on the item is visible to members of the general public. (Ord. Nos. 19196;2440; 2469 ; 27139)

SEC. 41A-20.1. PROHIBITIONSAGAINST MINORS IN SEXI.'ALLY ORIENTED BUSINESSES. (a) A licensee or :rn operator commits an offense if he knowinglY: (1) allows a minor to enter the interior premises of a senrdly oriented business; or (2) emPloYs, contracts with, or allows a minor to perfonn adult otherwise engages cabaret entertainmen$ or (3) emPloYs a minor oriented business. in a sexuallY

SEC. 41A-20.

(a) A person commits an offense if, in a businesi esta6lishment oPen to minors, the person displays a'book, pamplrlet, newsPaP::, magazine, fil;, ; video cassitte, the cover of which depicb, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercid gain, any of the following: (1) human masturbation, or sodomY; sexual intercourse,

(b) Knowledge on the part of the liceruee or operator is presumed under Paragraph (2) or (3) of Subsection 6; if identification records were not kept ... in accordanc" *itf, the requirements of Section 41;lh;:;:iii"i' 7.1, andproperly kept records would have inforrr"H;'r''".: .!i'r the licensee or opera[or of the minor's age' (c) An emPioyee comnits employee lcrowrnglP an offense if the

(2, fondling or othe-r e1oti5 toudting of human genitals, pubic region, buttocks, or female breasts; (3) less than completely and oplquef of covered human genitals, buttocks, or that portion the top of the areola; or the female breasibelow (4) human male gmitals in a discernibly . turgd state, whether covered or uncovered' (b) In this section "displiay" means to locate an item in such a m,urner that, without obtaining assistance from an employee of the business establishment: (1) it is available to the general public for handling and insPection; or

(1) allows a minor to enter the interior prenrises of a semally oriented business; or (2) emPloYs, contracts with, oi allows a minor to perfonn adult otherwise engages cabaret entertairunerr9 or (3) emPloYs a minor oriented businees. in a sexuallY

(d) A minor commits an offense if the minor tnowingty mters the interior premises of a sexudly orientedbusiness. (Ord . 27139, ENFORCEMENT.

SEC.41A-21.

(a) Whenever a Person does an act that is forbidd&r, fails to perforn an act ttmt is reguired, or

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19

s 41A-21

Sexually Oriented Businesses

s 41A-z'
INII'NCTION.

commits an act that is made an offense by any provision of this chapter, $! 1i-o|"fi:1is punishable as provided by Section 243.070(b) of the Texas Local Government Code, as amended' A person violating a provision of this chapter is guilty of a separate Lff"t t" for each day or part of a day during which the violation is committed, continued, or pernitted' (b) Except where otherwise specified,- a cutpatie mentil state is not required for the commission of an offense under this chapter' (c) It is a defense to prosecution under Section 4lA-4(a'), 41A-13, or 41A-15(d) that a Person in a state of nudity did so in a modeling "pp""titg class operated: (1) by a proprietary school licensed by the state of Texls; I college, junior college, or university supported entirely or partly by taxation; (2) by a private college or university that maintanrs and operates educational programs in junior which credits are transferrable to a college, college, or uiriversity supported entirely or partly by taxation; or (3) in a struchue:

sBc.4rA-22.

A person who operates or causesto be operated a sexually oriented business without a valid license or in violation of Section 41A-13 of this chapter is subject to a suit for injunction as well as prosecution for cd;ind violations. (Ord. Nos. 19796;24M0; 24699) AMENDMENT OF THIS CHAPTER

SEC. 41A-23.

Sections 41A'13 and 41A-14 of this chapter may be amended only after compliance with the procedure required to amend a zoning ordinanae. Other sections -this chapter may be amended by vote of the city of council. (Ord. Nos. 19196;24440;24699)

(A) that has no sign visible from the exterior of the structure and no other advertising that indicates a nude Person is available for viewing; and (B) where in order to ParticiPate in a class a student must enroll at least three days in advance of the class; and (C) where no more than one nude model is on the premises at any one time'

or Section 41A-13 that each item of au,iiil printed, film, or video material offered a"""tiiti"", for saL or tdntal, taken as a whole, contains serious artistic, political, or scientific value' (Ord' Li;t;, go; 19963, 2469) 24/,/i0, 20552, Nos. tbr

(d)

It is a defense to prosectrtion under Section

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