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HomeMy WebLinkAbout1984-1554 - Ordinance - 09/27/1984ORDINANCE NO. 1554 AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, TO INCLUDE SECTION 17 REGULATING THE LOCATION OF SEXUALLY ORIENTED COMMERCIAL ACTIVITIES WITHIN THE CITY LIMITS OF COLLEGE STATION. WHEREAS, the City Council of the City of College Station has determined that the unrestricted location of sexually oriented commercial enterprises within certain commercial zones or non-conforming use tracts may be detrimental to the public health, safety and welfare by contributing to the decline of residential and business neighborhoods and the growth of criminal activity; WHEREAS, "adult" businesses have not served to enhance the community's cultural, moral or commercial well-being, but instead creates criminal activity and exposes minors to pornographic material. WHEREAS, the City Council of College Station has held a public hearing to determine the necessity of such an ordinance; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That the City Council adopts and approves an ordinance amendinG Chapter 4 of the Code of Ordinances of the City of College Station, Texas, to include Section 17 regulating the location of sexually oriented commercial enterprises in conformity with requirements of Article 2372w, Regulation of Location of Sexually Oriented Commercial Activities by Cities and Counties, Texas Revised Civil Statutes: SECTION 17: SEXUALLY ORIENTED COMMERCIAL ACTIVITIES A. DEFINITIONS The definitions, as used in these regulations, shall be taken as the meaning unless the context clearly indicates to the contrary or unless the Zoning Ordinance of the City of College Station indicates otherwise. (1) City Council - Means council of the City of College Station, Texas. -1- Ordinance No. 1554 (2) City - Means the City of College Station, Texas. (3) Church or place of religious worship - Means a building in which persons regularly assemble to worship, intended primarily for purposes connected with faith or for propagating a particular form of religious belief. (4) Chief of Police - The Chief of Police of the City of College Station, as appointed by the City of College Station City Council. (5) District C-1 - General Commercial - Means a district designed to provide a location for general commercial, retail uses which serve the entire community and its visitors. (6) Person - Means an individual, partnership, corporation or other entity. (7) Regulations - Means the provisions of Sections I and II of this Ordinance. (8) School - Means a building where persons regularly assemble for the purpose of instruction or education, together with playgrounds, dormitories, stadia and other structures or grounds used in conjunction therewith and is limited to public and private schools used for primary, secondary or college education. (9) Enterprise - Means a massage parlor, nude studio, nude dance studio, modeling studio, love parlor or any other similar sexually oriented commercial enterprise whose major business is the offering of a service which is intended to provide sexual stimulation or sexual gratification to the customer. (10) State - Means the State of Texas. B. EXCEPTIONS TO REGULATIONS These regulations do not apply to the following: (1) Any bookstore, movie theater or business licensed to sell alcoholic beverages. (2) Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held. (3) Any business operated by or employing licensed physicians, licensed practical nurses, or licensed chiropractors engaged in practicing the healing arts. -2- Ordinance No. 1554 C. PERMIT REQUIRED (1) Any enterprise, as defined herein, that owns or operates within the C*ty of College Station corporate limits shall first obtain a valid permit under the provisions of these regulations. (2) Permit shall only be Issued for enterprises as defined herein that are located within Commercial District C-1 zones as defined herein. (3) No permit shall be issued for an enterprise located within one thousand feet from any church, school or other enterprise as defined herein. (4) For the purposes of this subsection, measurements shall be made in a straight line without regard to intervening structures or objects from the nearest portion of the building or structure used by the enterprise to the nearest portion of the building, structure or facility as set forth in sub-section 3. D. DISPLAY OF PERMIT A permit issued under these regulations shall be displayed at all times in an open and conspicuous place on the premises of the enterprise for which it was issued. E. APPLICATION FOR A PERMIT Any person desiring a permit shall file a sworn written application with the Chief of Police, or his designate. application shall set forth the following: The (1) The name of the applicant and whether the applicant is an individual, general partnerhsip, limited partnership, corporation or other entity. (2) The name under which the enterprise is to be operated and a general description of the service to be provided. (3) The address and legal description of the parcel of land on which the restricted establishment is to be located. (4) The name, resident address and telephone number of the manager or other individual to be principally in charge of the operation of the enterprise. Ordinance No. 1554 (5) A written declaration that the information contained in the application is true and correct. (6) If the applicant is an individual, the application shall be si~ned and verified by the applicant. If the applicant is a partnership, the application shall be signed and verified by all of the partners thereof. If the applicant is a corporation or other entity, the application shall be signed and verified by the President and the Treasurer of such corporation or entity. The application shall be accompanied by the following: (1) Payment of the permit fee. (2) A certified copy of the Assumed Name Certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statutes, Annotated Business and Commerce Code, Chapter 36), if the applicant is to operate the restricted establishment under the assumed name. (3) If the applicant is a Texas Corporation, a certified copy of the Articles of Incorporation, together with all amendments thereto, shall be filed. (4) If the applicant is a foreign corporation, a certified copy of the Certificate of Authority to Transact Business in the State, together with all amendments thereto, shall be filed. (5) A certified copy of the Certificate of Limited Partnership, together with all amendments thereto, filed in the Office of the Secretary of State under the Texas Limited Partnership Act, (Article 6132a of Texas Revised Civil Statutes), if the applicant is a limited partnership formed under the laws of the State of Texas. (6) A certified copy of the Certificate of Limited Partnership and the gualification documents, together with all amendments thereto, filed in the Office of the Secretary of State under the Texas Limited Partnership Act, if the applicant is a foreign or limited partnership. (7) A complete list of persons employed by the enterprise, including their age, date and place of -4- Ordinance No. 1554 birth, social security number, driver's license number and salary or wage rate. The list ~hall be updated monthly by a verified report to the Chief of Police, or his designate, listing all of the above ~nformation for any employees hired during the previous month. F. INVESTIGATION, ISSUANCE OR DENIAL OF PERMIT Upon receiving an application for a permit, the Chief of Police, or his designate, shall conduct an investigation for the purpose of determinlng whether or not such enterprise complies with the location requirements as set forth in these regulations. He shall thereafter notify each applicant of their eligibility for a permit within twenty days of receipt of the application. If the applicant complies with the provisions of these regulations, then the Chief of Police, or his designate, shall issue a permit. In the event that he finds that an applicant fails to comply with these regulations, then the applicant shall be so notified and be entitled to a hearing held pursuant to Paragraph I of this Section. G. PERMIT FEE To defray the cost of processing the permit application, the permit fee shall be One Hundred and No/100 ($100.00) Dollars. No portion of any fee collected under this section shall be returned after a permit has been issued or refused. A permit is not transferable, assignable, or divisible, and shall be valld only for the location for which it is lssued. Each permit shall be effective when issued and shall be renewable annually upon filing an application as provided for herein. All permits are renewable December 1 of each year succeeding the year in whlch they are first issued. In the event that the Chief of Police, or his designate, determines that the applicant's building may be within one thousand (1,000) feet of a church, school or other enterprise, as defined herein, then he shall notify the applicant of such a determination. The applicant ~hall have the option of requesting a survey to establish the exact distance. The applicant shall be required to pay a fee of Two Hundred and N0/100 ($200.00) Dollars for the survey. H. ENFORCEMENT The Chief of Police, of his designate, shall have the power to administer and enforce the provisions of these regulatlons upon presentation of proper identlflcatlon to the owner, agent, or tenant in charge of any premises where an enterprise is located. -5- Ordinance No. 1554 The Chief of Police, or his designate, may enter for the purposes of inspection or investigation to insure compliance with the terms of these regulations, any building, structure or other premises where the enterprise is located. However, when the Chief of Police, or his designate, is denied permission to inspect any ~remises, inspection shall be made only under the authority of a warrant issued by a Magistrate authorizing the inspection for violations of these regulations. In applying for such a warrant, the Chief of Police, or his designate, shall submit an affidavit to a Magistrate settinq forth his belief that a violation of these regulations exists with respect to the premises sought to be inspected and the reasons for such belief. The affidavit shall designate the location of such premises and the name of the person believed to be the owner, operator, or occupant thereof. If the Magistrate finds that probable cause exists for a search of the ~remises, a warrant shall issue authorizing the search of the premises, such warrant describing the premises with sufficient certainty to identify the same. Any warrant so issued shall constitute authority for the Chief of Police, or his designate, to enter upon or inspect the premises described therein. I. REVOCATION OF PERMITt NOTICE~ HEARING~ and APPEAL The Chief of Police, or his designate, is hereby granted, and shall have the power to revoke any and all ~ermits authorized by these regulations for violation of such regulations provided, however, that the Chief of Police, or his designate, shall conduct a hearing prior to the revocation or denial of any permit authorized under these regulations. The person whose permit is under consideration shall be given at least ten calendar days written notice of the date of the hearing and shall be permitted to present relevant facts and legal argument regarding the pending revocation. Following such hearing, the Chief of Police, or his designate, shall consider the merits of the ease and shall present a written opinion prior to any action. Any person wishing to appeal the decision of the Chief of Police, or his designate, regarding the revocation of a permit may, within ten days after the date of the written opinion filed by the Chief of Police, or his designate, appeal such decision to the City Council of the City of College Station by written notice to the City Secretary, setting out the basis of such appeal. The City Council shall hold a hearing on the permit revocation within ten days of the receipt of written notice of appeal provided, however, that the appealing party shall be required to comply with the decision of the Chief of Police, or his designate, during the pendency of the appeal. -6- Ordinance No. 1554 J. AMORTIZATION OF NONCONFORMING USES Any use and conflict with the purposes or terms of this ordinance which is lawfully existing at the adoption of this ordinance shall be entirely discontinued and shall thereafter cease operation within five years from the date any such use becomes nonconforming under this ordinance. If such nonconforming use is discontinued, interrupted or changed, any future use of such land shall be in conformity with the provisions of this ordinance. Ail existing enterprises, even nonconforming uses under this ordinance, are reguired to be licensed and shall apply for a permit from the Chief of Police, or his designate, within sixty calendar days of the date of passage of this Section. All existing enterprises must be in compliance with the provisions of these regulations and secure a permit within ninety calendar day~ of the passage of this ordinance. The issuance of a yearly permit hereunder shall not affect the amortization of nonconforming uses as provided herein. K. UNLAWFUL ACTS (1) False or fraudulent statements - It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact or to give or use any assumed name or ficticious name other than the one duly filed for record in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code Annotated, Chapter 36). (2) Use of another's permit unlawful - It shall be unlawful for any individual, partnership, corporation or other entity to use a permit which has been issued to another individual, partnership, corporation or other entity. (3) Unlawful to defacew altert etc. a permit - It shall be unlawful for any person to counterfeit, forge, change, deface or alter a permit. (4) Violation deemed a misdemeanor - Where authorized by law, the violation of any provision of these regulations will be considered a misdemeanor. (5) Authority to file suit - The City Attorney is hereby authorized to file suit in District Court to -7- Ordinance No. 1554 enjoin the violation of any provision of these regulations. L. NOT TO LEGALIZE ANYTHING PROHIBITED BY STATE LAW OR CITY ORDINANCE These regulations do not legalize anything prohibited under the penal code or any other state law or city ordinance. Further, any violation of the Penal Code or other state law or city ordinance shall be deemed grounds for revocation of the permit issued. II. SEVERANCE If any provision, section, ~lb-S-,'tion, sentence, clause or phrase of this ordinance or the application of same to any per,on or ~et of circumstances is for any reason held to be u~constitutlonal, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby. It being the intent of the City Council in adopting this Ordinance that no portion thereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. III. It ~s ordained that this ordinance shall become effective from and after its passage in accordance with the C~ty Charter of the City of College Station. PASSED, ADOPTED and APPROVED this the 27th September , 1984. day of ATTEST: CITY S EC~%~TARY -8-