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1989-095NOTE THIS ORDINA~k HA~S~FF~I EXTENDED BY ORDINANCE NO 90-016 NO ~~J 7J AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING 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 SIX MONTHS, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning and Zoning Commission, based upon a preliminary review, has determined that sexually oriented businesses may have certain undesirable secondary effects upon other land uses if their location and operations are not properly regulated, and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the City Council believes that it would be in the public interest to enact a moratorium on the location of sexually oriented businesses for a period of six months so as to enable the Planning and Zoning Commission and City Council a reasonable 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 permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled 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 pictures, video cassettes or video reproductions, slides, or other visual representation which depict or describe "specified sexual activities" 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 (B) live performances which are characterized by the MORATORIUM/ PAGE 2 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 "specified 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 establishment 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 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 MORATORIUM/ PAGE 3 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 sexual!y 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 simulated, including intercourse, oral copulation, or sodomy, (C) masturbation, actual or simulated, or (D) excretory functions as part of or in connection 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) 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 thereafter continue to be in force and effect for 180 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 MORATORIUM/ PAGE 4 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 they! day of CAW 1989 AsJK otRay St a y o r ATTEST *JIF"W'ATERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY By MORATORIUM/ PAGE 5 ORDINANCE NO 10-42140 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 11 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 11 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 RECTION 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 V"~day of 1990 e4o~ zk~_ - RAY ST PH+NS, YOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY qz) tr.~n sob\so or 2 MORATORIUM/PAGE 5