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ORDINANCE NO. 97O(;;03 an ORDINANCE of the CITY OF

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ORDINANCE NO. 97O(;;03 an ORDINANCE of the CITY OF ORDINANCE NO. 97o(;;03 AN ORDINANCE OF THE CITY OF BUDA PROVIDING FOR THE REGULATION AND LICENSING OF SEXUALLY ORIENTED BUSINESS AND PROVIDING FOR A FINE OF UP TO $500.00 PER DAY PER VIOLATION OF THIS ORDINANCE. WHEREAS, the City of Buda has determined that the regulations and licensing of sexually oriented business will protect and promote the health, safety and welfare; and WHEREAS, the City of Buda has determined that the regulation and licensing of sexually oriented business will help prevent the deterioration of residential and business neighborhoods; and WHEREAS, the City of Buda has determined that the regulation and licensing of sexually oriented business will help prevent the growth of criminal activity that is often found and associated with the unrestricted operation of sexually oriented business; and WHEREAS, the City of Buda has determined that the adoption of this ordinance will have neither the purpose or effect of imposing a limitation or restriction on the content of any protected speech, including sexually oriented materials; and WHEREAS, the City of Buda has determined that the regulation and licensing of sexually oriented business as provided herein does not have the purpose or effect of denying access by adults to sexually oriented materials that are protected by the United States Constitution nor to any lawful access by the distributors and exhibitors of sexually oriented entertainment to their intended market. SECTION 1. DEFINITIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: (1) Books, magazines, periodicals, or other printed matter, or discs, cassettes, photographs, films, motion pictures, video cassettes or video representations, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas.'' Buda\Ord\Business.Ord 1 97008/02 (2) Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." Not included in this definition are pharmaceutical supplies normally found in a pharmacy. ADULT CABARET. A commercial establishment which regularly features: (1) Persons who appear in a state of nudity or partial nudity; or (2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or (3) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." ADULT LINGERIE STORE/MODELING STUDIO. A commercial establishment where live models exhibit lingerie intended for an adult audience. ADULT LOUNGE. An adult cabaret which is permitted or licensed pursuant to the Alcoholic Beverage Code where alcoholic beverages may be served, sold or consumed. ADULT MOTEL. A hotel, motel, or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit televisions transmission, films, motion pictures, video cassettes, slides, discs or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and/or has a sign visible from the public right-of-way which advertises the availability of this adult type of entertainment. ADULT MOVIE THEATER OR ADULT VIDEO THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, discs or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical activities" are regularly shown to groups of six or more people. ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities." Buda\Ord\Business.Ord 2 97008/02 ADULT VIDEO ARCADE. Any commercial establishment to which the public is permitted or invited wherein coin-operated or slug­ operated or electronically, electrically, or mechanically controlled still or motion pictures, projectors, or other image­ producing devices, to include computer and electronic games, are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." CHURCH, OR REGULAR PLACE OF WORSHIP. Any structure used principally as a place wherein persons regularly assemble for religious worship including, but not limited to, sanctuaries, chapels, cathedrals, churches, synagogues, and on-site buildings adjacent thereto, such as parsonages, convents, fellowship halls, Sunday Schools and rectories. CITY OFFICIAL. The Building Inspector for the City of Buda or his designated agent. CONTROLLED SUBSTANCE. Any substance defined as a controlled substance by the Texas Controlled Substance Act, as then amended. DAY CARE. A facility which provides care and/or supervision for adults or children on a day to day basis. DRESSING ROOM. An enclosed area designed to allow a single person to try on items of apparel for the purpose of determining suitability. ESCORT. A person who accompanies an individual for social purposes for any consideration. ESCORT AGENCY. A person or commercial enterprise which for a fee, tip, or other consideration offers to furnish, or advertises to furnish, escorts as one of its primary business purposes. ESTABLISHMENT. Any of the following: (1) The opening or commencement of any sexually oriented business as a new business; (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; (3) The addition of any sexually oriented business to any other existing sexually oriented business; or (4) The relocation of any sexually oriented business. Buda\Ord\Business.Ord 3 97008/02 GAMBLING. Shall have the meaning set forth at Tex. Penal Code § 47.02, as then amended. INTENDED OPERATOR. The person principally in charge of the day to day operation of the establishment. KNOWINGLY. Shall have the meaning set forth at Tex. Penal Code § 6.03, as then amended. LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued pursuant to the terms of this chapter. MODELING/NUDE MODELING STUDIO. A commercial establishment where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. MONITOR. A television or other video screen, used as part of an electronic surveillance system, which displays images transmitted by electronic video cameras to such television or video screen. NUDITY/PARTIAL NUDITY. Appearing in a state of dress which displays one or more "specified anatomical areas." OPERATE OR CAUSES TO BE OPERATED. 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 or license holder of the establishment. A person who, on the premises of sexually oriented business, does any one or more of the following shall be deemed to be operating or conducting such a business: (1) Operates a cash register, cash drawer, or other depository where checks, cash funds or records of credit card or other credit transactions generated in connection with the activities of the business are kept; or (2) Displays or takes orders from any customer for any merchandise, goods, entertainment or other service offered in connection with the activities of the business; or (3) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered in connection with the activities of the business; or (4) Acts as a door attendant to regulate entry of customers or other persons into the business premises; or Buda\Drd\Business.Ord 4 97008/02 (5) Supervises or manages other persons in the performance of any of the foregoing activities. PERSON. An individual, proprietorship, partnership, corporation, limited liability company, association, or other legal entity. PUBLIC. References to the public and members of the public shall mean and include all persons other than the owners, operators, agents and employees of a given sexually oriented business. RENT. The act of permitting space to be occupied for any form of consideration. RESIDENTIAL DISTRICT. One-Family Dwelling District (R-1); Two-Family Dwelling District (R-2); Multi-Family Dwelling District (R-3); One-Family Dwelling District- Mobile Home (RI-M); Mobile Home Park District (R-MH) ; Townhouse Single Family Dwelling District (RT-1); Single-Family Residential District (SFA); Urban Single-Family Residential District (SF-1); Low Density Multi-Family Residential District (MF-1); Moderate Density Multi-Family Residential District (MF-2); or High Density Multi-Family Residential District (MF-3) (as defined
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