§ 4-22. Location of sexually oriented businesses.

(a)

A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:

(1)

A church;

(2)

A public or private elementary or secondary school;

(3)

A boundary of a residential district;

(4)

A public park adjacent to a residential district; or

(5)

The property line of a lot devoted to a residential use as.

(b)

A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.

(c)

A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof.

(d)

For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot.

(e)

For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structure or objects, from the closest exterior wall of the structure in which each business is located.

(f)

A sexually oriented business lawfully operating in conformance with this article is not rendered nonconforming by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 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a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.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)

The city council may, in its discretion, grant an exemption from the locational restrictions of this article if the following is found:

(1)

That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

(2)

That the granting of the exemption will not violate the spirit and intent of this article;

(3)

That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;

(4)

That the location of an additional 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

(5)

That all other applicable provisions of this article will be observed.

(h)

The city council shall grant or deny the exemption by majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city council regarding the permit appeal is final.

(i)

If the city council grants the exemption, the exemption is valid for one year from the date of the council's action. Upon expiration of an exemption, the sexually oriented business is in violation of the locational restrictions until the applicant applies for and receives another exemption.

(j)

If the city council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the council's action.

(k)

The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions.

(Code 1994, § 4.504)

State law reference

General authority to regulate location of sexually oriented business, V.T.C.A., Local Government Code ch. 243.