1990-016ORDINANCE NO. 10-016.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE
EXTENSION OF A MORATORIUM ON THE ESTABLISHMENT OF SEXUALLY ORIENTED
BUSINESSES BY PROHIBITING THEIR LOCATION WITHIN A RESIDENTIAL
DISTRICT OR WITHIN 1,000 FEET OF A CHURCH, A PUBLIC OR PRIVATE
ELEMENTARY OR SECONDARY SCHOOL, A DAY NURSERY OR KINDERGARTEN
SCHOOL, THE BOUNDARY OF A RESIDENTIAL DISTRICT, A PUBLIC PARK
ADJACENT TO A RESIDENTIAL DISTRICT, OR THE PROPERTY LINE OF A LOT
DEVOTED TO A RESIDENTIAL USE, PENDING THE STUDY, REVIEW, AND
DISCUSSION OF A PROPOSED ORDINANCE REGULATING SEXUALLY ORIENTED
BUSINESSES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING THAT THIS ORDINANCE
SHALL BE EFFECTIVE FOR NINETY DAYS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council adopted Ordinance No. 89-095,
providing for a moratorium on the establishment of sexually
oriented businesses except in accordance with the regulations
therein adopted; and
WHEREAS, Ordinance No. 89-095 will expire on or about February
10, 1990; and
WHEREAS, the City Council has determined that it is necessary
to extend the moratorium to provide additional time to complete the
study, review, and discussion of a proposed ordinance regulating
sexually oriented businesses; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. A person commits an offense if he operates or
causes to be operated a sexually oriented business within a
residential district.
SECTION II. A person commits an offense if he operates or
causes to be operated a sexually oriented business within 1,000
feet of a church, a public or private elementary or secondary
school, a day nursery or kindergarten school (as defined in
Appendix B - Zoning of the Code of Ordinances), a boundary of a
residential district, a public park, or the property line of a lot
devoted to a residential use. 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, public or private elementary or secondary school, day
nursery or kindergarten school, public park, or lot devoted to a
residential use, or to the nearest boundary of a residential
district.
SECTION III. A person commits an offense if he or she
operates or causes or permits another to operate a sexually
oriented business which is located within 1,000 feet of another
sexually oriented business. The distance between two sexually
oriented businesses shall be measured in a straight line, without
regard to intervening structures or objects, from the closest
exterior walls of the structures in which the businesses are
located.
SECTION IV. 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.
SECTION V. That the words used in this ordinance shall have
the following meanings:
Adult Arcade means any place to which the public is per-
mitted or invited wherein coin-operated or slug-operated
or electronically, electrically, or mechanically con-
trolled still or motion picture machines, projectors, or
other image-producing devices 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."
Adult Bookstore or 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 any one or more of the following:
(A) books, magazines, periodicals or other printed
matter, or photographs, films, motion pic-
tures, video cassettes or video reproductions,
slides, or other visual representation which
depict or describe "specified sexual activi-
ties" or "specified anatomical areas"; or
(B) instruments, devices, or paraphernalia which
are designed for use in connection with
"specified sexual activities."
Adult Cabaret means a nightclub, bar, restaurant, or
similar commercial establishment which regularly
features:
(A) persons who appear in a state of nudity; or
MORATORIUM/PAGE 2
(B) live performances which are characterized by
the exposure of "specified anatomical areas"
or by "specified sexual activities"; or
(C) 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 Motel means a hotel, motel, or similar commercial
establishment which offers accommodations to the public
for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or
description of "specified sexual activities" or "speci-
fied anatomical areas"; and has a sign visible from the
public right-of-way which advertises the availability of
this adult type of photographic reproductions.
Adult Motion Picture Theater means a commercial estab-
lishment where, for any form of consideration, films,
motion pictures, video cassettes, slides, or similar
photographic reproductions are regularly shown which are
characterized by the depiction of "specified sexual
activities" or "specified anatomical areas."
Adult Theater means 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 by "specified sexual
activities."
Nude Model Studio means any place 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.
Nudity or a state of Nudity means:
(A) the appearance of a human bare buttock, anus,
male genitals, female genitals, female
breasts; or
(B) a state of dress which fails to opaquely cover
a human buttock, anus, male genitals, female
genitals, or areola of the female breast.
MORATORIUM/PAGE 3
Residential District means any zoning district which has
been designated as an agricultural, one-family, two-
family, or multi-family zoning district, or any area
within a planned development zoning district which is
designated for residential use, as shown on the approved
site plan for the district.
Residential Use means a one-family, two-family, or multi-
family dwelling, trailer camp, mobile home, or mobile
home park, as defined in Appendix B - Zoning of the Code
of Ordinances.
Semi-Nude means a state of dress in which clothing covers
no more than the genitals, pubic region, and areolae of
the female breast, as well as portions of the body
covered by supporting straps or devices.
Sexually Oriented Business means an adult arcade, adult
bookstore or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, or
nude model studio.
Specified Anatomical Areas means human genitals in a
state of sexual arousal.
Specified Sexual Activities means and includes any of the
following:
(A) the fondling or other erotic touching of the
human genitals, pubic region, buttocks, anus,
or female breasts;
(B) sex acts, normal or perverted, actual or simu-
lated, including intercourse, oral copulation,
or sodomy;
(C) masturbation, actual or simulated; or
(D) excretory functions as part of or in con-
nection with any of the activities set forth
in (A) through (C) above.
SECTION VI. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
Thousand Dollars ($2,000.00). Each day that a provision of this
ordinance is violated shall constitute a separate and distinct
offense.
SECTION VII. That this ordinance shall become effective
fourteen (14) days from the date of its passage and shall
MORATORIUM/PAGE 4
thereafter continue to be in force and effect for 90 days from the
date it becomes effective.
SECTION VIII. That the City Secretary is hereby directed to
cause the caption of this ordinance to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the 64A'-day of , 1990.
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46-
RAY ST PH NS, YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY :
sob\so or.2
MORATORIUM/PAGE 5