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.
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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.
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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
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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.
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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.
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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
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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
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