HomeMy WebLinkAboutOrdinance 3114 ORDINANCE NO. 3114
AN ORDINANCE AMENDING SECTION 10 -153 OF THE NORTH
RICHLAND HILLS, TEXAS, CODE OF ORDINANCES; ESTABLISHING
A PENALTY AND AUTHORIZING PUBLICATION.
WHEREAS, the definitions in the city's sexually oriented businesses ordinance do not
include a necessary definition of the term "primary business" as used in the term
sexually oriented business; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1: THAT Section 10 -153 of the North Richland Hills Code of Ordinances is
hereby amended to read as follows:
"Sec. 10 -153. Definitions.
The words and terms used in this article that are not defined herein shall have the
meanings commonly ascribed to them. Words used in the present tense include the
future tense. Words in the singular number include the plural number and words in the
plural number include the singular number. The word "he" shall be defined to include
the word "she."
Adult arcade means any place to which the public is permitted or invited wherein coin -
operated, token - operated or electronically, electrically 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 an emphasis on matter
depicting or describing specified sexual activities or specified anatomical areas.
Adult bookstore means a commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration books,
magazines, periodicals or other printed matters which are distinguished or characterized
by an emphasis on matters depicting or describing specified sexual activities or
specified anatomical areas.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment
which regularly features persons who appear in a state of nudity or give live
performances which are distinguished or characterized by an emphasis on the exposure
of specified anatomical areas or by an emphasis on specified sexual activities.
Adult motel means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration and provides
patrons with closed- circuit television transmissions, films, motion pictures, video
cassettes, slides, or other pornographic reproductions which are distinguished or
Ordinance No. 3114
Page 1 of 5
characterized by an emphasis on matters depicting or describing 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;
(2) Offers a sleeping room for rent for a period of time that is Tess than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than ten hours.
Adult movie theater means a commercial establishment where, for any form of
consideration, films, motion pictures, video cassettes, video reproductions, slides or
other visual representations are regularly shown which are distinguished or
characterized by an emphasis on matters depicting or describing specified sexual
activities or specified anatomical areas.
Adult video store means a commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration photographs,
films, motion pictures, video cassettes, video reproductions, slides or other visual
representations which are distinguished or characterized by an emphasis on matters
depicting or describing specified sexual activities or specified anatomical areas.
Chief of police means the chief of police of the city or the chief's designated
representative.
Customer means any person who:
(1) Is allowed to enter a sexually oriented business in return for the payment of an
admission fee or any other form of consideration or gratuity;
(2) Enters a sexually oriented business and purchases, rents, or otherwise partakes
of any merchandise, goods, entertainment, or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business operating as
a private club.
Employee means any person who renders any service whatsoever to the customers of
a sexually oriented business or who works in or about a sexually oriented business and
who receives compensation for such service or work from the operator or owner of the
sexually oriented business or from its customers.
Escort means a person who, for consideration, agrees or offers to act as a companion
or date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
Ordinance No. 3114
Page 2 of 5
Escort agency means a person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as its principal business purpose, for a fee, tip, or other
consideration.
Licensee means a person in whose name a license to operate a sexually oriented
business has been issued, as well as any and all individuals listed as applicants on the
application for a license.
Licensed day care center means a child care center as defined in chapter 118, which is
licensed by the state.
Love parlor means an establishment that is operated for the purpose of giving
massages at the establishment or on a home call basis that are intended to provide
sexual stimulation or sexual gratification in combination with a massage.
Nude modeling studio means any place where a person who appears in a state of
nudity or displays specified anatomical areas is provided or allowed to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted by other
persons who pay money or any form of consideration.
Nudity or state of nudity means less than completely and opaquely covered:
(1) Human genitals, public region, or pubic hair;
(2) All portions of a female breast below a point immediately above the top of the
areola continuing downward to the lowest portion of the breast;
(3) Human buttock; or
(4) Any combination of the above.
Operated 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
oriented business whether or not that person is an owner, part owner, licensee, or
manager of the establishment.
Person means any individual, firm, association, organization, partnership, trust,
foundation, company or corporation.
Primary business means over 15 percent of customers, volume of sales, stock in trade,
display areas, or presentation time in any three -month increment period beginning from
the date of issuance of a certificate of occupancy. Stock in trade shall be measured with
all titles or objects available on the premises for sale or rental including those that are
identical considered a separate title or object.
Regularly means featuring, promoting, or advertising a happening or occurrence on a
recurring basis.
Ordinance No. 3114
Page 3 of 5
Residential district means a district zoned for residential uses under the zoning
ordinance of the city.
Residential use means a use for single - family dwelling, townhome, duplex dwelling,
triplex dwelling, fourplex dwelling, mobile home, manufactured housing or manufactured
home, or multiple family dwelling as defined in chapter 118.
Sexually oriented business means an adult arcade, adult bookstore, adult cabaret, adult
motel, adult movie theater, adult video store, love parlor, nude modeling studio or other
commercial enterprise, a 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 its customers, and which is distinguished by or
characterized by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or whose employees or customers
appear in a state of nudity. The term sexually oriented business shall not be construed
to include:
(1) Any business operated by or employing licensed psychologists, licensed physical
therapists, registered massage therapists, registered nurses, or licensed athletic
trainers engaged in practicing such licensed professions;
(2) Any business operated by or employing licensed physicians or licensed
chiropractors engaged in practicing the healing arts;
(3) Any retail establishment whose principal business is the offering of wearing
apparel for sale to customers and which does not exhibit merchandise on live
models; or
(4) Any activity conducted or sponsored by any Texas independent school district,
licensed or accredited private school, or public or private college or university.
Specified anatomical areas means human genitals, pubic regions, buttocks and female
breast below a point immediately above the top of the areola.
Specified sexual activities means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, pubic hair,
perineum, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, sodomy, or bestiality;
(3) Masturbation, actual or simulated; or
(4) Excretory functions."
Ordinance No. 3114
Page 4 of 5
Section 2: Violation of Division I of Article III of Chapter 153 of the North Richland
Hills Code of Ordinances shall constitute a misdemeanor punishable by a
fine not exceeding Five Hundred Dollars ($500.00). Each separate
violation shall be punishable hereunder and each day each such violation
shall be allowed to exist or continue shall constitute a separate violation
punishable hereunder.
Section 3: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clauses of this ordinance
as an alternative method of publication provided by law.
Section 4: This ordinance shall be effective immediately upon passage.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 27th day of September, 2010.
CITY 0 RTH /AND HILLS
Aommunuo
d�.R ��4'% BY: ►`�(�! /�
< nn , ° Oscar Trev no, Mayor
EST:
r r
P 30 to y Secretary
h ► � u i n n � u t �
APP 0: • .. TO ' J L/ 1 RM AND LEGALITY:
George A. Staples, ity Attorney
APPROVED AS TO CONTENT:
John Pitstick, Planning & Development Director
Ordinance No. 3114
Page 5 of 5
INVOICE
Star - Telegram Customer ID: CIT13
400 W. 7TH STREET Invoice Number: 312462341
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 10/5/2010
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 10/31/2010
Bill To: PO Number:
CITY OF NORTH RICHLAND HILLS /SE
PO BOX 820609 Order Number: 31246234
NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073
Description: CITY OF NORTH RI
ntm: STnr'ry I I ARRISON Publication Dates: 10/4/2010 - 10/5/2010
Description Location Col Depth Li nage MU Rate Amount
CITY OF NORTHRTH RICHLAND HI LLS
Legal lVOtlleS
'0 1 30 30 LINE 53.11 $186.80
ORDINANCE NO. 3114
An Ordinance amending Section 10-
Sales Discount 153 of the North Richland Hills, ($151,20)
Texas, Code Of Ordinances; es-
tablishing a penalty and authorizing
publication.
Misc Fee Violation of Division I of Article III $10.00
of Chapter 153 of the North Richland
Hills Code of Ordinances shall
constitute a misdemeanor punish-
able by a fine not exceeding Five
Hundred Dollars ($500.00). Each
separate violation shall be pun- Net Amount $45.60
ishable hereunder and each day each 111111111111//
such violation shall be allowed to �1///
exist or continue shall constitute \\\ \ \�` L 'No
n te violation punishable
hereuder . .Y P . •• ���'
Passed and Approved on this 27th ?ZQ.•'e VB y
day of September, 2010. Cl
/s /Oscar Trevino • _
Oscar Trevino - Mayor
ATTEST:
/s /Patricia Hutson i •• %9 y
Patricia Hutson - City Secretary ••
APPROVED AS TO FORM AND OF • `��
Geor r St Staples 0
Sta Attorney '''/' 111111� \ \\
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publishe " the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 -7501 `
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday cto r 2010.
Notary Publi
Thank You For Your Payment
---------------------------------------------
Remit To: Star - Telegram Customer ID: CIT13 `
P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN
FORT WORTH, TX 76101 -2051 Invoice Number: 312462341
Invoice Amount: $45.60
PO Number:
Amount Enclosed: $ I