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Ordinance 2659
10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 2 ORDINANCE NO. 2659 4 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ADDING A NEW ARTICLE IX, "SEXUALLY ORIENTED BUSINESSES" TO CHAPTER 15 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; PROVIDING FOR THE LICENSING OF SEXUALLY ORIENTED BUSINESSES; PROVIDING LOCATIONAL REQUIREMENTS; PROVIDING ADDITIONAL REGULATIONS APPROPRIATE TO DIFFERENT TYPES OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR APPEALS; PROVIDING FOR AMORTIZATION OF NONCONFORMING SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE 6 8 WHEREAS, the City of North Richland Hills, Texas is a home rule municipality located in Tarrant County, created in accordance with the provIsions of Chapter 9 of the Texas Local Government Code and operating pursuant to the Constitution and laws of the State of Texas; and, WHEREAS, Chapter 243 of the Texas Local Government Code authorizes cities to adopt regulations concerning the licensing and permitting of sexually oriented businesses; and, WHEREAS, the City Council ofthe City of North Richland Hills, Texas, heretofore adopted regulations restricting the location of adult entertainment establishments within the City of North Richland Hills; and, WHEREAS, based upon studies, reports, and findings regarding the harmful effects of sexually oriented businesses on surrounding land uses the city council deems it necessary and advisable to amend these regulations and to provide for the licensing and other regulation of sexually oriented businesses; and, WHEREAS, studies, reports, and findings conducted by the cities of Austin, El Paso, and Indianapolis regarding the harmful effects of sexually oriented businesses on surrounding land uses have been presented to and reviewed by the city council; and WHEREAS, studies, reports, and findings conducted by the cities of Los Angeles, Las Vegas, Houston, Amarillo, and Beaumont were presented to the city council and made part of the public record; and, W:\NRlflGc-.øal\ÜNÍfUU¡ccII-Dr"ftISOB. wpd Page 1 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 2 WHEREAS, the city finds that churches, synagogues, licensed day care centers, public parks, schools and public libraries are centers of family oriented activities and therefore enhance the quality of life in surrounding areas; and, 4 6 WHEREAS, there is convincing documented evidence that sexually oriented businesses, because oftheir very nature, have a deleterious effect on surrounding land uses, causing increased crime and the downgrading of property values; and, 8 WHEREAS, the city council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality oflife; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight; and, WHEREAS, convincing documented evidence regarding the physiological and sexual distinctions between male and female breasts has been reviewed; and, WHEREAS, Section 243.001 (b) ofthe Texas Local Government Code does not diminish the authority of a municipality to regulate sexually oriented businesses with regard to any matters; and, WHEREAS, the twenty-first amendment to the United States Constitution delegates broad powers to the states to regulate alcoholic beverages; and, WHEREAS, Section I 09.57(d) of the Texas Alcoholic Beverage Code allows a municipality to regulate the location of sexually oriented businesses; and WHEREAS, the city council finds that sexually oriented businesses are frequently used for activities such as prostitution or sexual liaisons of a casual nature; and, WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the city which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens; and, WHEREAS, the city council finds that these amendments will promote the public health, safety, morals and general welfare of the citizens of the city; and, WHEREAS, the city council finds that these amendments have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials, nor do these amendments have the effect of restricting or denying access by adults to sexually oriented materials protected by the First Amendment, or deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market; and, W;\NRH~l\Ordin.m:e~.DniI'~OB.wpd Page 2 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 2 WHEREAS, the city council further finds that the adoption of these amendments will still leave available reasonable alternative locations for the location of sexually oriented businesses; and, 4 6 WHEREAS, public hearings were duly noticed and held before the Planning and Zoning Commission and City Council after notices were posted and published as required by law prior to enactment ofthe regulations imposed by this ordinance; NOW, THEREFORE, 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Chapter 15 of the North Richland Hills Code of Ordinances is hereby amended by adding an new Article IX which shall read as follows: "ARTICLE IX. SEXUALLY ORIENTED BUSINESSES Sec. 15-171 Adoption of Preamble. The findings contained in the preamble of the ordinance adopting this article are determined to be true and correct and are adopted as a part of this article. Sec. 15-172. Purpose and Intent. It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect ofthis article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Sec. 15-173. 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. (a) Adult arcade means any place to which the public is permitted or invited wherein coin-operated, token-operated or electronically, electrically or W:\NRH~f:"'aI'Ordinance...Dn.ft\SOB.wpd Page 3 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRH~c:aI'i.>rdin.ncell-Dnr.ft\S08.wpd mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at anyone (1) 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. (b) 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. (c) 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. (d) 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 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; or (2) Offers a sleeping room for rent for a period of time that is less 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. ( e) 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. (f) 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 Page 4 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NR.J-f'(k:¡C'el\Ordinance...DraftlSOB. wpd 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. (g) Chief of Police means the chief of police of the City of North Richland Hills or the chiefs designated representative. (h) 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; or (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. (i) 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. G) 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. (k) 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. (I) 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. (m) Licensed day-care center means a child care center as defined in Section 1100 ofthe North Richland Hills Zoning Ordinance, which is licensed by the state of Texas. (n) 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. Page 5 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRH'C~N.)n inllm:c...DraftlS08, wpd (0) Nude modeling studio means anyplace 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. (p) Nudity or state of nudity means less than completely and opaquely covered: (1) Human genitals, pubic 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. (q) 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. (r) Person means and individual, firm, association, organization, partnership, trust, foundation, company or corporation. (s) Principal means over 35 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. (t) Regularly means featuring, promoting, or advertising a happening or occurrence on a recurring basis. (u) Residen tial district means a district zoned for residential uses under the Zoning Ordinance of the City of North Richland Hills. (v) 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 the Section 1100 of the Zoning Ordinance of the City of North Richland Hills. Page 6 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRHIGe ~J1Ordinat'l~Draft\SOB.wpoJ. (w) 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, 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 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. (x) Specified anatomical areas means human genitals, pubic regions, buttocks and female breast below a point immediately above the top of the areola. (y) 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. Page 7 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 2 4 6 8 W:\NRHIGI:'tCftI\Ordinam:es-DraftISOB.wpd Sec. 15-174. Location of Sexually Oriented Businesses. (a) A person commits an offense ifhe establishes, operates or causes to be operated, or expands a sexually oriented business within 1000 feet, without regard to city boundaries, of: (1) A church or synagogue; (2) A public or private elementary or secondary school or licensed day-care center; (3) A boundary of a residential district; (4) A public park; (5) A public library; (6) The property line of a lot devoted to a residential use as defined in this article; or (7) Another sexually oriented business. (b) A person commits an offense ifhe establishes, operates or causes to be operated, or expands a sexually oriented business within 500 feet of Loop 820. (c) A person commits an offense ifhe establishes, operates, or causes to be operated, a sexually oriented business in any building, structure or portion thereof containing another sexually oriented business. (d) For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or obj ects, from the nearest portion ofthe building or structure used as part ofthe premises where a sexually oriented business is conducted, to the nearest property line of the premises of a residential use, church, synagogue, public or private elementary or secondary school, licensed day-care center, public library, or to the nearest boundary of a public park, residential district, residential lot or sexually oriented business. (e) For purposes of subsection ©) ofthis section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall ofthe structure in which each business is located or from the wall ofthe tenant space occupied, as applicable. Page 8 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRlJ'IOe..eal'Ordinll.nce..Draft\SOB. wpd -_._-...,~-- (f) Any sexually oriented business lawfully operating on the effective date ofthis article that is in violation ofthe location requirements of Subsections (a), (b) or (c) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 180 days from the effective date of this article unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming. (g) Any sexually oriented business lawfully operating after the effective date of this article that later becomes a nonconforming use because of a change in zoning or an amendment to the regulations in this article or any other ordinance or law shall be permitted to continue for a period not to exceed 180 days from the date it becomes nonconforming, unless sooner terminated for any reason. A nonconforming use under this subsection shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. (h) A person operating a sexually oriented business that is a nonconforming use who believes that 180 days, when added to previous time in operation, is not sufficient time to amortize the investment the person has in the business, may apply to the city council for up to two additional extensions of 180 days each. In order to give the city council time to adequately consider the application, the person must file the application with the city secretary at least ninety (90) days before the expiration ofthe amortization period. The application for extension shall set forth the following information: (I) The date and amount of the owner's initial investment in the existing business; (ii) The amount of the owner's investment in the existing business through the effective date of this article or the date the business becomes nonconforming; (iii) The amount of such investment that has been or will be realized through the 180 day amortization period; (iv) The source of funds to be used to recoup the owner's investment; (v) The life expectancy of the existing business; and (vi) The existence or nonexistence oflease obligations, as well as any contingency clauses therein permitting termination of the lease. Page 9 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:IN~_I'\Ordinll.nce t.Draft\SOB.wpd This information shall be supported by relevant documentary evidence such as financial statements, tax records and lease agreements, which shall be attached to the application. The city council shall call a public hearing at which the council shall hear evidence from interested parties. The decision of the city council is final. (i) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal ofthe sexually oriented business license, of a church, synagogue, public or private elementary or secondary school, licensed day-care center, public park, public library, residential district or a residential lot within 1000 feet of the sexually oriented business. 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 license has expired or has been revoked. G) Nothing contained in this article shall be construed to limit the amortization of a nonconforming sexually oriented business under the North Richland Hills Zoning Ordinance as provided therein. Sec. 15-175. License Required. (a) A person commits an offense if he operates or causes to be operated a sexually oriented business without a valid license, issued by th~ city for the particular type of business. (b) The applicant must be qualified according to the provisions of this article. (c) The fact that a person possesses other types of state or city permits or licenses does not exempt the person from the requirement of obtaining a license for a sexually oriented business. Sec. 15-176. License Application. (a) Any person desiring to obtain a sexually oriented business license shall make application on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. (b) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person Page 10 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 2 4 6 8 W:\NRHìOncw.l\Ordinam:a-Dral\\SOß.wpd who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 15-177 and each applicant shall be considered a licensee if a license is granted. (c) All applications for a license under this article shall be accompanied by a nonrefundable application fee of$500. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted. Sec. 15-177. License Issuance. (a) The chief of police shall approve the issuance of a license to an applicant within 30 days after filing of an application unless the chief of police finds one or more of the following to be true: (1) The location ofthe sexually oriented business is or would be in violation of Section 15-174 ofthis article. (2) The applicant failed to supply all ofthe information requested on the application. (3) The applicant gave false, fraudulent, or untruthful information on the application. (4) An applicant is under 18 years of age. (5) An applicant or an applicant's spouse is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business. (6) An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect on the denial of a license. (7) The application or renewal fee required by this article has not been paid. Page 11 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRl{~c-aI\OnlintUlCCII-Dral\\SOß, wpd (8) The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof within which the sexually oriented business will be situated or has a legally enforceable right to acquire the same. (9) An applicant or the proposed establishment is in violation of or is not in compliance with Section 15-178 or 15-173 of this article. (10) An applicant or an applicant's spouse has been convicted of a cnme: (A) Involving: (i) Any of the following offenses as described in Chapter 43 of the Texas Penal Code: (aa) Prostitution; (bb) Promotion of prostitution; (cc) Aggravated promotion of prostitution; (dd) Compelling prostitution; (ee) Obscenity; (ff) Sale, distribution, or display of harmful material to a minor; (gg) Sexual performance by a child; (hh) Possession of child pornography; (aa Any of the following offenses as described in Chapter 21 of the Texas Penal Code: (aa) Public lewdness; (bb) Indecent exposure; ( cc) Indecency with a child; (ii) Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code; Page 12 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:INRIII("'..e,cRl'ordinance..Draft'.SOß.wpd (iii) Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code; (iv) Possession or distribution of a controlled substance; or (v) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; and (B) For which: (i) Less than two years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) Less than five years have elapsed since the date of conviction, or the date of release from the terms of probation, parole, or deferred adjudication, or the date of release from confinement for the conviction, whichever is the later date, ifthe conviction is of a felony offense; or (iii) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, ifthe convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any two year period. (b) The fact that a conviction ofthe applicant or applicant's spouse is being appealed shall have no effect on the disqualification. (c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in Section 15-177(a)(10)(A) may qualify for a sexually oriented business license only when the time period required by Section 15-177(a)(10)(B) has elapsed. (d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. ( e) The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. Page 13 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRlI',(k-.,_llOfdinaßl,'C..DraftISOB.wpd Sec. 15-178. Inspection and Maintenance of Records. (a) An applicant or licensee shall permit representatives of the police department, health department, fire department, and building inspections division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time during the 30-day application period or after it is occupied or open for business. The provisions ofthis section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation. (b) A person who operates a sexually oriented business or his agent or employee commits an offense ifhe refuses to permit a lawful inspection ofthe premises by a representative of the police department, health department, fire department, or building inspections division at any time during the 30-day application period or after it is occupied or open for business. (c) A person who operates a sexually oriented business or his agent or employee commits an offense if he operates the establishment without maintaining a current list of all employees employed by the business, along with a complete updated employment application. Each employment application shall include a copy of a valid driver's license, state identification card, or passport, all with a photo. Sec. 15-179. Expiration of License. (a) Each license shall expire one year from the date of issuance. (b) A license may be renewed by submission to the chief of police of an application on the form prescribed by the chief of police and payment of a nonrefundable renewal processing fee of $500. (c) Application for renewal shall be made at least 30 days before the expiration date of the license. When application is made less than 30 days before the expiration date, the new expiration date will not be affected. Sec. 15-180. Suspension. (a) The chief of police shall suspend a license for a period not to exceed 30 days ifhe determines that a licensee or an employee of a licensee: (1) Has violated or is not in compliance with Section 15-174, 15- 178(b), or 15-183 of this article. (2) Is in a state of public intoxication while on the sexually oriented business premises; Page 14 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 w :\NIUf'()CltClillt\Ordinftnce~·Draft\SOB. wpd (3) Refuses to allow an inspection ofthe sexually oriented business premises as authorized by this article; or (4) Knowingly permits gambling by any person on the sexually oriented business premises. (5) Is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business. (b) When the chief of police is authorized to suspend a license under this section, he shall give the licensee the opportunity to pay a reinstatement fee of $200 rather than have the license suspended. (1) Payment of this reinstatement fee shall be considered an administrative admission of the violation. However, this shall not be used as an admission of guilt in a criminal prosecution under this article. (2) If the licensee does not pay the reinstatement fee before the expiration of the third working day after notification, he loses the opportunity to pay it and the chief of police shall impose the suspension. (3) Each day in which a violation is permitted to continue shall constitute a separate cause for suspension. Sec. 15-181. Revocation. (a) The chief of police shall revoke a license if a cause of suspension in Section 15-180 occurs and the license has been suspended or a reinstatement fee paid within the preceding 12 months. (b) The chief of police shall revoke a license if he determines that: (1) A licensee gave false or misleading information in the material submitted to the chief of police during the application process; (2) A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the sexually oriented business premIses; (3) A licensee or an employee has knowingly allowed prostitution on the sexually oriented business premises; (4) A licensee or an employee knowingly operated the sexually oriented business during a period oftime when the licensee's license was suspended; Page 15 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 2 4 6 8 W:INRlI\r.sCl!le-.I\QrJinllnl:Cl-l>ndl\SOB. wpù (5) A licensee has been convicted of an offense listed in Section 15- 177(a)(10) for which the time period required has not elapsed; (6) On two or more occasions within a 12-month period, an employee ofthe establishment committed in or on the licensed premises an offense listed in Section 15-177(a)(10) for which a conviction has been obtained; or (7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business premises. The term "sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code. (c) The fact that a conviction is being appealed shall have no effect on the revocation of the license. (d) Section 15-181(b)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view. (e) When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. Ifthe license was revoked under Section 15-181(b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 15- 177(a)(10) has elapsed. Sec. 15-182. Appeal. (a) If the chief of police is authorized to deny the issuance of a license, or suspend or revoke a license as provided in this ordinance, the chief of police shall give written notice to the applicant or licensee of such intention. (1) The notice shall provide that the denial of issuance, suspension, or revocation shall take effect at the expiration ofthe third working day after notification unless the licensee provides a written response to the chief of police before the expiration of the third working day. (2) If a written response from the applicant or licensee is received by the chief of police before the expiration ofthe third working day, the Page 16 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 2 4 6 8 W:\NRjI~~I\OnlinlUl¡;CII·Ðndt\SOB. wpd suspension, denial of issuance or revocation will be stayed pending a decision by the chief of police. The chief of police shall review the response before the rendering of a decision. (3) The chiefofpolice shall give written notice of this decision to the applicant or licensee. (4) The decision by the chief of police is effective immediately and final pending any appeal. (5) Notice shall be deemed delivered by hand delivery to a licensee, owner, or employee of the establishment or by a posting ofthe notice at the usual business entrance of the establishment. Notice may also be sent by certified mail, return receipt requested. Such notice shall be mailed to the address listed in the license application for receipt of notice. (b) Upon receipt of written notice ofthe denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to an appropriate court. (c) An appeal to the appropriate court must be filed within 30 days after the receipt of notice of the decision of the chief of police. (d) The licensee or applicant shall bear the burden of proof in court. Sec. 15-183. Transfer of License. (a) A person commits an offense ifhe transfers his license to another person or operates a sexually oriented business under the authority of a license at any place other than the address designated in the application. (b) A person commits an offense ifhe counterfeits, forges, changes, defaces, or alters a license. Sec. 15-184. Additional Regulations for Adult Cabarets. (a) An employee of an adult cabaret while appearing in a state of nudity, semi-nudity, or simulated nudity commits an offense if he touches a customer or the clothing of a customer. (b) A customer at an adult cabaret commits an offense if he touches an employee appearing in a state of nudity, semi-nudity, or simulated nudity. Page 17 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:\NRH'(k:::u:Ml\Ordinam:elrDraft\SOB. wpd (c) A licensee or employee of an adult cabaret commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. Sec. 15-185. Additional Regulations for Escort Agencies. (a) A person commits an offense if he employs at an escort agency any person under the age of 18 years. (b) A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years. Sec. 15-186. Additional Regulations for Nude Model Businesses. (a) A person commits an offense if he employs at a nude model business any person under the age of 18 years. (b) A person under the age of 18 years commits an offense ifhe appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of a nude model business. It is a defense to prosecution under this subsection ifthe person under 18 years was in a restroom not open to public view or persons of the opposite sex. (c) A person commits an offense if he appears in a state of nudity, semi- nudity, or simulated nudity, or knowingly allows another to appear in a state of nudity, semi-nudity, or simulated nudity, in an area of a nude model business premises which can be viewed from the public right-of-way. (d) A person commits an offense if he places or permits a bed, sofa, or mattress in any room on the premises of a nude model business except that a sofa may be placed in a reception room open to the public. (e) A licensee or employee of a nude model business commits an offense ifhe permits any customer access to an area ofthe premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding restrooms. (f) An employee of a nude model business, while appearing in a state of nudity, semi-nudity or simulated nudity, commits an offense if he touches a customer or the clothing of a customer. (g) A customer at a nude model business commits an offense ifhe touches an employee appearing in a state of nudity, semi-nudity or simulated nudity. Page 18 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 2 4 6 8 W:INRJI\O~~J\Orùjn.m;c!!·Dnr.It\S08.wpd Sec. 15-187. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters. (a) A person commits an offense ifhe knowingly allows a person under the age of 18 years to appear in a state of nudity, semi-nudity, or simulated nudity in or on the premises of an adult theater or adult motion picture theater. (b) A person under the age of 18 years commits an offense ifhe knowingly appears in a state of nudity, semi-nudity, or simulated nudity in or on the premises of an adult theater or adult motion picture theater. (c) It is a defense to prosecution under subsections (a) and (b) ofthis section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex. Sec. 15-188. Additional Regulations for Adult Motels. (a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period oftime that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article. (b) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again. (c) For purposes of Subsection (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. Sec. 15-189. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos. A person who operates or causes to be operated a sexually oriented business other than an adult motel, which exhibits on the premises in a viewing room ofless than 150 square feet offloor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: (a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion ofthe premises in which Page 19 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 W:INRH'IOcJocr>.l\Ordinancell-Dn.ftISOB. wpd customers will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas ofthe interior ofthe premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications ifthe applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. (b) The application shall be sworn to be true and correct by the applicant. (c) No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee. (d) The licensee commits an offense ifhe permits a manager's station to be unattended by an employee at any time a customer is present on the premises. (e) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior ofthe premises shall be configured in such a manner that there is an unobstructed view of each area ofthe premises to which any customer is permitted access for any purpose, excluding restrooms, from at least one ofthe manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. (f) The licensee commits an offense if he permits access to a customer of any area of the premises that is not visible from the manager's station for any purpose, excluding restrooms. (g) The owners, operator, and any agents and employees present on the premises shall ensure that the view area specified in Section 15-189( e) remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any customer is present in the premises and to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to Section 15-189(a) ofthis section. (h) The premises of an adult bookstore, adult video store, adult novelty store, adult service establishment, nude model business, sex parlor, and sexual Page 20 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 2 4 6 8 W:\NRH\Oe- ~l\OrdißlmCCII-[)n¡ð\SOB.wpd encounter center shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than 20 footcandles as measured at the floor level. (i) The licensee commits an offence ifhe permits illumination of any area ofthe premises to which customers have access to be less than 20 footcandles. Sec. 15-190. Additional Regulations for Sexually Oriented Businesses. (a) Public and employee restrooms in a sexually oriented business shall not, at any time, contain or be used for sexually oriented business activity, video reproduction equipment, or sexually oriented merchandise. (b) An adult arcade, adult bookstore, adult video store, adult novelty store, adult service establishment, adult cabaret, adult theater, adult motion picture theater, nude model business, sex parlor, and sexual encounter center shall at all times maintain at least one legible sign posted in a conspicuous place at each public entrance easily visible by all persons prior to entry into the establishment with lettering of at least one inch in height in English and Spanish which contains the following statement: "THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description ofthe type of activity licensed to be conducted]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY [or "NO PERSON UNDER TWENTY -ONE YEARS OF AGE ALLOWED ENTRY," if alcohol is served]. (c) During hours of darkness when a sexually oriented business is in operation, all required parking and all outdoor pedestrian areas on the premises ofthe sexually oriented business shall be lighted to an intensity of not less than five footcandles measured at ground level. Sec. 15-191. Violation a Misdemeanor. Any person who violates any ofthe provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed $2,000 for each offense affecting zoning, fire safety or public health and sanitation, and $500.00 for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense. Page 2 1 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 2 4 6 8 W:\NRH\G(,<¡e al\OrdimmI,;ÇIi-OnillISOß.wpd Sec. 15-192. Defenses. It is a defense to prosecution under Sections 15-174, 15-175, and 15-186 that a person appearing in a state of nudity, semi-nudity, or simulated nudity did so in a modeling class operated: (a) By a proprietary school licensed by the State of Texas; a college, junior college, or university supported entirely or partly by taxation; (b) By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or (c) In a structure: (1) Which has no sign or other advertising visible from the exterior of the structure indicating a nude, semi-nude or simulated nude person is available for viewing; and (2) Where in order to participate in a class a student must enroll at least three days in advance of the class; and (3) Where no more than one nude, semi-nude or simulated nude model is on the premises at anyone time. Sec. 15-193. License Appeal Board; Exemptions From Location Restrictions of Sexually Oriented Businesses. (a) A license appeal board is hereby created. The license appeal board shall have the power to rule upon the appropriate disposition of applications for exemptions from the location restrictions for sexually oriented businesses set forth in Section 15-174. (b) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of Section 15-174, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the location restrictions. (c) If the written request is filed with the city secretary within the 10-day limit, a license appeal board shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received. (1) The license appeal board shall consist of five members. Page 22 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 2 4 6 8 W:\NRH'De-.enl\Ordinlnl.'l:s-DnftISOB.wpd (2) The city council shall by majority vote appoint five members to the board and may appoint as many as two alternate members. (3) Board members shall be appointed to two-year terms. (4) All members shall be residents of the City of North Richland Hills. (d) A hearing by the board may proceed only if five of the board members or alternates are present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply. ( e) The license appeal board may grant an exemption from the location restrictions of Section 15-174 if it makes the following findings: (1) That the location ofthe sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare; (2) That the location of the sexually oriented business will not downgrade the property values or quality oflife in the adjacent areas or encourage the development of urban blight; (3) That the location of the sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and (4) That all other applicable provisions of this article will be observed. (f) In making the findings specified in Section 15-193(e), the board shall take into account, among other things: (1) Crime statistics ofthe location and its 1000- foot radius, without regard to city boundaries, maintained by the appropriate law enforcement agency for the previous six-month period; (2) Tarrant County Appraisal District appraisals for the location and its lOOO-foot radius, without regard to city boundaries, taking into account any decline or increase in property values; (3) Vacancy rates of residential, commercial, or office space within the surrounding 1000- foot radius, without regard to city boundaries; and Page 23 ,. 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 2 (4) Any evidence regarding the award or denial of any public or private grants for neighborhood conservation, urban renewal, or restoration for any property located within a 1000-foot radius, without regard to city boundaries. 4 6 8 (g) The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote approving the exemption shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision ofthe license appeal board is final. (h) If the board grants the exemption, the exemption is valid for one year from the date of the board's action. Upon the expiration of an exemption, the sexually oriented business is in violation ofthe locational restrictions of Section 15-174 until the applicant applies for and receives another exemption. (i) Ifthe board denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the board's action. (j) The grant of an exemption does not exempt the applicant from any provisions of this article other than the locational restrictions. Sec. 15-194. Amendment of this Article. Section 15-174 may be amended only after compliance with procedures required to amend a zoning ordinance. All other sections of this article maybe amended by an ordinance approved by the city council." Section 2: Section 310, "TABLE OF PERMITTED USES," of the North Richland Hills Zoning Ordinance is hereby amended to allow sexually oriented businesses as a permitted use in the I-2 zoning districts, eliminating the classification "Adult Entertainment Establishment." Section 3: Section 1100, "Definitions", of the North Richland Hills Zoning Ordinance is hereby amended by eliminating the definition of Adult Entertainment Establishment and adding the definition of sexually oriented business to read as follows: "Sexually oriented business - an establishment as defined in Section 15-173 of the North Richland Hills Code of Ordinances." Section 4: This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of North Richland Hills, Texas, as amended, W:\NRH\Qorr,~]\()rdinlUl~¡¡..Drll.fi\SOß. wpJ Page 24 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 2 4 6 Section 5: 8 Section 6: Section 7: Section 8: Section 9: except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event, the conflicting provisions of such ordinances and such Code are hereby repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases ofthis ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any ofthe remaining phrases, clauses, sentences, paragraphs and sections ofthis ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any ofthe provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense affecting zoning, fire safety or public health and sanitation, and Five Hundred Dollars ($500.00) for all other offenses. Each day that a violation is permitted to exist shall constitute a separate offense. All rights and remedies ofthe City of North Richland Hills are expressly saved as to any and all violations of the provisions of any other ordinance or code provision affecting sexually oriented businesses which have accrued at the time of the effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. The City Secretary of the City of North Richland Hills is hereby directed to publish the caption, penalty clause, and publication clause of this ordinance in every issue of the official newspaper of the City of North Richland Hills, as authorized by Section 52.013 of the Texas Local Government Code. This ordinance shall be in full force and effect immediately after its passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this 23rd day of September, 2002. W:INRlNJe leQl\OrùinllnI.:eIl-DTI~6\SOß. wpl Page 25 10 12 14 16 18 2 4 0. ~\\\.AiLAIIJ"";// .<." ,..~......-=.:,. rru~/// &'-'\.. ,,-::, "n '. ~ .' ,," "'.-::;.. ~,.. '. -;; I. ;' \ :; ,...... r ,.- 0: 0--&: ;,-: ~'-': \-'~\ . l; .2,. TTEST: h.....·· /:- . .. '.¡¢' ,....... ,,' " " .11' &tU4l6t¿~ _ Patricia Hutson, City Secretary 6 8 By: CITY OF NORTH RICHLAND HILLS (1" Oscar Trevi 0, Mayor o FORM AND LEGALITY: W:INRHIGMC1I.]\OrdiD&Qœlò-J)ranlS<>U. wpù Page 26 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Dates: INVOICE Star- Telegram 400 W, 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- 93 OADI~e NO, ' T~... , 0rdI- C~ili nesses· to hapter 15 B, o~ the North Alchland Hills cOde of Ordi- fc nances ProvidIng for the. licensing of sex- tI ually orlentëd busi- (817) 39U:TfðL. SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, October.04t, 2,.002. t' .;:J '-- . 17' Notary Public ..;J L <- ~ (_ " CIT13 219359321 9/28/02 Net due in 21 days 9/30/02 21935932 073 ORDINANCE NO.2 9/27/02 - 9/28/02 93 LINE $6.51 $1,209.93 ORDINANCE NO. 2659 /"............ .' . :;:::·.6.··10-..... ~I" ...'.~'..........'-. 1 catlonãl . ',' -~IY of meñta' .. . '. ,of NOrth dItIoniÍI P >. H,"-. Is Sales Discount 9~. .r~~: ,. . Oo~o Qrlè of .J::¡;r: '. . /. . . ätiä prov $!!!I~., , ;; 4:~ of , P 'fõ¡.'aìnoJ1I .:' ~ . n;! zaflon of noncon- news illþer ':J ttNa forming sexually orl- of. North Alchlan. ente~ . buslness.es; Hills, as authorized by provIdIng that this SectIon 52.013 of the ordlnançe shall be Texas Local Govern- cumulative of all or- inent COde dlnancellj providing a Passed and' approved severability clause; by the City Council of providing 1'or a penaltv ttie. City Of North for ylolalions hereof; Alchlanq Hills, Texas Plrovldlng a savings the. 23rd day of Sep- cause; providing fõr tember 2002, RUbllcatlon In the of- APP'AOVED' Iclal ,!e~SP8Pf!tr; and Oscar TreVino-Mayor providing an effective ATTEST: jjat..e,Per.~......t.~'who.f nrivto- or W.'.u~¡r~~ , . omits, F or _to .. ' wJIh or who .. . 8tÏopIøa_ .... enførce- '~'...' Of_~.. of ~ _ '. ~nild I -. ,Two ~o) fO~c~ zoni~~ fire s~~:::I~~ i public health and' Sel'liH . 'tatlon, and Five Úndred' Dollars bts.,~':i~~'> f~~~ o~~: ' and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator PaenYrmslttueCdhtVIOlalstlonh Is Iram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say oext$all . . . ~~~ · -..., ~::::d ~;'\K3~;¡p LEGALS DEn STAR TELEGRAM Net Amount: ($1,142.97) $66.96 l \ r .l., i 0 /) {\ "--- :ir~:j~;l'_e;j;:,~-'~:~:=--=-- If i>:~';::"'~_,~\~~,_ VICKI L. WASON -1 Thank You For Your Payment W:;if~~P MY COMMISSION EXPIRES _______________________ 1;...'i:'~:= AUGUST 28, 2004 L_________ .. -, Remit To: Star-Telegram P.O. Box 901051 FORT WORTH, TX 76101-2051 Customer ill: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT 13 CITY OF N RICHlAND HIL 219359321 $66.96 -$ INVOICE Star-Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 NORTH RICHLAND HILLS, TX 76182~ Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: CIT!3 218557751 9/8/02 Net due in 21 days 9/30/02 21855775 073 NOTICE OF PUBU 9/8/02 NOTICE OF PUBLIC HEARI"¡~ò~2~ '1' n5f-single family 1 si , HEARIN8FFß~B-H,9: I dentia; use ratherf~.ñ CITY COUNCIL OF as ah detention POnd Sal . THE CITY ,as s own on the ap- es DlSCQunt NOATH AICHBrND. Pfoved development HILLS, TEXAS ,~an. Notice is hereb . I P 2002-17 Frank to all interestl<Jg,v:'!" TJeasanr 7'213 Turner' !!ons. that the ~.r I ,errace " NCouncil !'If the City 'bY, I '\eFnUgb~~ld ht earlng. Is' orthR,chland Hill 0 ConsIder Texas will meet ,O~ ~requlest from ,Frank Monday Se t b . P ea~nt. for, a ;23,2002 at 7!b8~,~r r~ð~l)alf UsesPel'!J1lti ~h¿~~e~~ty CO-¥~8~ ~~wliVI~~ aUn~c~':';I' Northeast Loop 820 . n as " mother_ TNorth AichJand Hills' \ ~~';.:r UTnlt for 7213 exas The foil . '/ errace. This it..ms 'Will be cgn~RP- ~~~deesdl fwasd r~com-,' ered: Or ental by PZ 200,.,6 A1 Rabel btt¿'':~n~!ng & Zoning ~4'ffoe1,Iíf,~k ~I G:':~: ~gpS};c~~I' 1°2'0hO?¿~ ~.; view Drrve II as r.,.. A public hearln Is ¡}¡,:st'!'d an "Pp'eal to beong held to con~ider PZ ~~.c205unc(l., a request from ' . Ci of PrOpert,ies IJI, L-m~g:, ANOp'I,'J,l'!IChland. !¥i1Is . a revisIon to the' b fC heanng Is ßroved ,PD PlanrfJ'd I a~,"g held to c~nsider p~':,elopment Site I amending t~~dl~~C& Villas °A~gi~~~wl~~ i g{~~~~~ive ZOn!~: applicant is requ st , ce and addIng, !rib that Lot 22. BI'bCk' ~SeJi~:J,y Arti§/1 IX',¡ e developed for a Businesses" r ent,¡g¡ Chapter 15 of the' CNodrth RIChland Hills' _0 e Of Ordinances. ; THE ST ATE OF TEXAS County of Tarrant 78 78 LINE $7.09 $553.02 ($507.78) Net Amount: $45.24 Before me, a Notary Public in and for said County and Sute, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Sur-Telegram, published by the Scar-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 published in the al?ove named paper on thn;:tes: BIDS & LEGALS DEPT. STAR TELEGRAM (817) 390-7182. '\ / n ^ f\ ,^ \ L , .. f\ Signed ~Lv uuy L V\J :µ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, October 01, 2002t" t ,'1 ¿ , " - '-LJ , Notary Public \..... ¿ ,,~ l ('7\ ,;lbÁ~ '-- _.....,.~- --.... -~ - ;11t?í:çi~'\ VICKI L, WASON ; ¡\~ I'Xl MY COMMISSION EXPIRES Thank You For Your Payment:! '1t<:r.,~~·i.~i AUGUST 28, 2004 ;;::':"~ , --------------------------------------------- Customer ill: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: Remit To: Star- Telegram P,O. Box 901051 FORT WORTH, TX 76101-2051 CIT13 CITY OF N RICHIAND mL 218557751 $45.24 f$-~----~--'"--1