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HomeMy WebLinkAbout1987-06-02 - Regular City CouncilMINUTES OF THE CITY COUNCIL OF THE CITY OF STEPHENVLE, HELD ON TUESDAY, JUNE 2, 1987 - 7:00 P.M. ITEM I: CALL TO ORDER. The regular meeting of the City Council of the City of Stephenville, Texas, was called to order by the Mayor with the following members present: Mayor: Larry Hammett Members: Bob Self Wm. G. "Bill" Brede Allen Horne Maxine Dameron James L. "Jim" McSwain and with the following members absent: Ray Reynolds and Larry Tatum. Others attending were: Kurt Ackenmann, City Administrator Joyce Pemberton, Joseph Chandler, Charlene Young, Danny Johnson, Douglas Conner, Jimmy Mooney, Ronnie Isham, and others City Secretary City Attorney Director of Finance Director of Public Works Chief of Police Fire Chief Director of Parks & Rec. ITEM II: CITIZEN REQUESTS AND OTHER CC6M4UNICATIONS: A. Communications & Personal Appearances by Citizens: 1. Consider request by Town & Country Bank for purchase of city property located on southeast corner of Harbin and Washington. Betty Chew, Planning & Inspections Coordinator, advised the Council that Mr. James T. Chambers, President of the Town & Country Bank, could not be present at this meeting due to a prior committment. Mrs. Chew said Mr. Chambers was requesting the Council to consider offering part of (5,227 sq.ft.) Lot 1, Block 1, South Side Addition, (the southeast corner of Harbin Drive and Washington St.) for sale. After sane discussion, Councilmenber Allen Horne moved that the City offer for sale by public bid Lots 18, 19, 20, and 21, Block 140, City Addition, and 5,227 sq. ft. of Lot 1, Block 1, South Side Addition, (the southeast corner of Harbin Drive and Washington St.) also retain the same minimum dollar per square foot as stipulated before. Councilmenber Bill Brede seconded - the motion. The motion carried by the following vote:° AYES: All members present voted aye. NOES: None 2. Hear request from Kenneth Currier and Attorney Garry Lewallen regarding underground sewer line adjacent to North Wedgewood Subdivision. Mr. Garry Lewallen, attorney representing Mr. Kenneth Currier, addressed the Council stating that Mr. Currier purchased 23 acres of land which he has subdivided into 52 residential lots and 6 acres of commerical land on the Lingleville Rd. The prelim- - 411 - inary and final plats have been approved by the City, subject to the sanitary sewer and storm water drainage easements being secured. Attempts to arrive at a fair market price for this sewer easement have failed. Now Mr. Currier is asking the City Council to pass a resolution authorizing the City Attorney to condemn the necessary footage to install a sewer line tying onto the trunk line over and across the Ray Property and have a jury consider the facts, the easements, where it is and the uses of it and pay what is a reasonable and fair canpensation for it. Mr. Currier will indemnify the City so that this action will not cost the City anything. If an agreement cannot be reached, Mr. Currier will have to abandon his subdivision. In answer to a question fran Councilman Allen Horne, Mr. Lewallen commented that it was his understanding that in addition to the sewer line easement problem the adjacent pro- perty owners were concerned about water drainage and potential problems of water drainage off this subdivision. They have been assured by Mr. Currier that in the event there are any water drainage problems, if it is canpensable and related to his subdivision, they would certainly have cause for action to be compensated. The parties are in disagreement about how to solve the drainage problem; i.e., how big drainage pipe is needed, where to locate it and where does it drain to? Director of Public Works Danny Johnson advised the Council that a drainage right -of -way or easement would be needed fran the subdivision across the Ray's property. The drainage plans would need to take into consideration any extra velocity or increased velocity from his subdivision to keep fran having damage on the adjacent properties. The off -site plans have not been submitted at this time. Mr. Currier is not in full compliance with the stipulations of the P & Z Commission and City Council in that he does not have the drainage right - of -way. Mrs. Maxine Wallace addressed the Council stating that the water drainage is what is holding up the sewer easement. Mr. Currier is going to grade that 30 acres to drain on Mrs. Ray. At this particular time, he has it caning fran underground water sewers and it will cane out in one spot right on the corner of her place and go totally through it. Mrs. Wallace presented letters fran her attorney, Ben Sudderth, stating the state laws that protect Mrs. Ray fran this type of thing. Should the City decide to pass the resolution as requested by Mr. Currier, the City then becomes responsible for the water and any damages caused by the water drainage. Mrs. Ray would have practically given him the sewer easement had Mr. Currier agreed to take care of the water. Mr. Chandler- advised that the City does have the power to condemn the property. Mrs. Wallace stated that the State Water Control Board had told her that the law is "if the: City approves the Builder's plans and lets him build and then his water runs in the wrong direction the City itself has to take care of it, the City is liable for the damage. Mr. Chandler advised that he disagreed with Mrs. Wallace's statement in that the law does not state that the City is liable for drainage caning from an adjacent property caner. If the flow is diverted or the course is in any way changed . from the natural flow then the property owner is responsible. After much more discussion, Councilmenber Bob Self moved that the City will assist, if necessary, in initiating eminent domain proceedings over and across the T. A. Ray pro- perty for the purpose of an underground sewer line. Council - member Allen Horne seconded the motion. The motion carried by the following vote: - 412 - AYES: All members present voted aye. NOES: None 3. Consider request by Erath County for waiver of building per- mit fees. City Administrator Kurt Ackermann advised the Council that he had received a letter from Erath County Judge Bill Hailey requesting a waiver of fees on building permits on the reno- vation of the County Courthouse, the construction of a Courthouse Annex, and the construction of a County Jail. The amount of the building permit fees would be $8,366.00. The staff has been unable to find anything in the ordinances that prohibit or authorize the waiver of fees. Upon the suggestion of Councilmenber Bob Self, Mayor Larry Hammett assigned this item to the Planning & Development Committee to meet with the County Commissioners or Judge Hailey for more discussion. City Attorney Chandler advised that he had searched the ordi- nances and state laws and he could find no way for the Council to waive the building permits. B. Matters by Councilmanbers: NONE C. Committee Reports: 1. Status report fran Public Health & Safety Committee regarding Food Inspection Program. No report. 2. Status report from Capital Projects Crnmittee. Chairman Bob Self reported that this committee has not met since the last report, however, he did note that the archi- tects will be meeting with some of the City Staff tomorrow to go over sane of the initial proposals, then at a later date meet with the Committee, so hopefully, by the next meeting the Cammittee will have something to report. ITEM III: CONSENT AGENDA: All items listed below are considered routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmenber or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence. A. Approval of Minutes of May 5th and May 19th, 1987. B. Reports from Planning & Zoning Commission: 1. Negative recammendation to rezone, fran R -1 "Single Family Dwelling District" to B-2 "Secondary & Highway Business District ", Lots A, B, 16, 17, 18, Block 5, McAlister Second Addition, known as 1505 and 1507 Lingleville Road and 180 and 210 Davis Avenue. REMOVED FROM THE CONSENT AGENDA AT THE REQUEST OF EWAINE HOWELL. 2. Set Tuesday, July 7, 1987 at 7:00 P.M. in City Council Chambers at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to consider rezoning, from R -3 to B-1, Lot 13B, Block 1, Sloan First Addition, known as 1250 Lingleville Road. 3. Set Tuesday, July 7, 1987 at 7:00 P.M. in City Council Chambers, at City Hall, 354 N. Belknap St., as the date, time, and place for a public hearing to consider amending the City Zoning Ordinance, Section XV "Sign Regulations ". - 413 - 4. Approval of Preliminary Plat of Greenbriar Subdivision, being 8.436 acres of the John Blair Survey, Abst. 32 and Wt. Motley Survey, Abst. 515, Erath County, Texas. 5. Approval of Final Plat of Equestrian Estates Subdivision, being 39.86 acres of the Henry Pearson Survey, Abst. 613, Erath County, Texas. C. Bid Considerations: NONE D. Ordinances & Resolutions: An ordinance amending the Taxicab Ordinance. Councilmenber Jim McSwain moved approval of the Consent Agenda with the exception of item B (1), as presented. Councilmember Maxine Dameron seconded the motion. The motion carried by the following roll call vote: AYES: Councilmenbers Bob Self, Bill Brede, Allen Horne, Maxine Dameron, Jim McSwain, and Mayor Larry Hammett. NOES: None B. Reports from Planning & Zoning Comission: 1. Negative recmmendation to rezone, from R -1 "Single Family Dwelling District" to B-2 "Secondary & Highway Business District ", Lots A, B, 16, 17, 18, Block 5, McAlister Second Addition, known as 1505 and 1507 Lingleville Road and 180 and 210 Davis Avenue. RMMD FROM THE CDNSENT AGENDA AT THE REDLEST OF IWAINE Charles Castleberry, Chairman of the Planning & Zoning Cannission addressed the Council stating that the Commission held a public hearing on this iten. A petition was presented to the Commission from homeowners in the neighborhood pro- testing this change of zoning. He said most of the homeowners realized the property on Lingleville Road would probably be commercial. The big objection was the adjacent property behind the property on the Lingleville Rd. There was no amendments to the motion to deny the request. Dwaine Howell, 1505 Lingleville Rd., addressed the Council stating the original plan was to get his property and the property at 1507 Lingleville Rd. rezoned to commercial He would like to sell his property and moved somewhere else. He felt the carmercial property would be more valuable. Mr. Davis asked to be included in the application. Mr. Howell said, at this time, he would request to drop Mr. Davis from the application and the Council just consider the request for 1505 and 1507 Lingleville Rd. Mr. Ackermann advised that this would require a new applica- tion as different notices would need to be published and the property owners would have to be .renotified of the change. Mr. Don Ramsey, 1551 Sheila, addressed the Council stating he had no objections the the property on Lingleville Rd. being zoned B-2, but he did object to the Davis property being zoned cannercial because it extends down about 3 lots into the residential section which would cause an increase in traffic which is already bad enough. Councilmenber Allen Horne moved acceptance of the negative recammendation from the Planning & Zoning Commission. Councilmenber Jim McSwain seconded the motion. The motion carried by the following vote: - 414 - AYES: All menbers present voted aye. NOES: None ITEM IV: PUBLIC HEARINGS: Mayor Larry Hammett opened the floor fora public hearing to consider an amendment to the City Zoning Ordinance by adding Section XII.2 "Sexually Oriented Businesses" and providing regulations for same. THOSE IN FAVOR: None THOSE OPPOSED: Betty Heath After a very lengthy discussion, Councilmember Jim McSwain moved to reject this amendment to the City Zoning Ordinance. The motion died for lack of a second. Councilmember Allen Horne moved approval of the amendment to the City Zoning Ordinance by adding Section XII.2 "Sexually Oriented Businesses" and providing regulations for same, as presented with the following amendments: B-7 (b), page 4, be removed and D-2, page 12, be removed. Councilmember Maxine Dameron seconded the motion. The motion carried by the following vote: AYES: Councilmenbers Bob Self, Allen Horne, Maxine Dameron, and Mayor Larry Hammett. NOES: Councilmenbers Bill Brede.and Jim McSwain. ITEM V: CITY AIMINISTRATOR'S REPORT: Discussion of policy statement regarding patrol supervisors on duty coverage City Acininistrator Kurt Ackexmann advised the Council that there has been some discussion the last month regarding the fact that there is no coverage on patrol shifts by a Sergeant 24 hours a day, 7 days a week, 52 weeks a year. There has been a difference of opinion as to whether or not there should be that type of coverage. He said he thought it might be best to get a policy statement from the Council in this regard. Mayor Hammett asked for comments from the Council. Councilmember Jim McSwain: No problems with a Sergeant not being on duty all the time.. -- They know at what times they need to have sane one there. Councilmember Maxine Dameron: No misgivings about it. Doug is our Chief and if he sees fit to do this and there is no problem and we have Kurt behind him in chain of canmand. I think whatever they decide is fine. Councilmember Bob Self: From his viewpoint, police officers are a special breed. Not taking anything away from any officer, we all recognize that emergencies occur at any hour of the day or night and there are emergencies that almost demand a supervisor be in charge. A decision to rendered regardless of whether its pursuing someone outside the city limits, continue pursuit or quit, whether its to enter a building where someone is holding someone else a hostage or whatever the situation might be and usually these situations develop so rapidly and go away almost as rapidly, that action is taken right, wrong, or indifferent. He felt it was needed to have someone in a supervisory capacity at any given moment. There are times that people take vacations and they have that right, but at the same time, management has the opportunity and the right to schedule vaction time and leave time and whenever that opportunity is exercised approp- riately there is very little need for these gaps in supervision. The times when a Sergeant needs to be gone, the Lieutenant can fill in or maybe another Sergeant can work a double shift. - 415 - Councilmember Allen Horne: Agrees with Mr. Self to a certain degree, but, speaking from a "corporate world" there is no way to do that. It is not econamically feasible. What he would really like to see is the Chief of Police and the City Administrator run the Police Dept. until such time as they get to where they can't handle it, then the Council will either replace them and its at that point the City Council becomes involved in the thing. City Administrator Kurt Ackenmann said if that's the way the Council feels then there's no need for more discussion. The authority then rests with the Chief of Police- to staff and man those shifts the best he can with the manpower he has available and if its through having a lieutenant on duty, himself, or appointing someone on duty to be in charge, that is his decision first. To let the Chief decide, when a sergeant is gone, who is in charge of that shift. Councilmember Bill Brede: Agrees with Mr. Ackerman. That is an administrative responsibility the Chief has. Mayor Larry Hammett recessed the open meeting and called the Council into executive session. ITEM VI: EXECUTIVE SESSION: As provided in the Open Meetings Act, Vernon's Texas Civil Statutes, Article 6252 -17, Section 2 (f), (g), and (e): Mayor Larry Hammett reconvened the Council into open meeting and the following action was taken on matters discussed in executive session. 1. Consider discussion by Mr. James Synatzske regarding acquisition of sewer line easements. No action taken. 2. Consider pending or contemplated litigation regarding enforcement of the City's Zoning & Sign Regulation Ordinance. Councilnmber Jim McSwain moved that the Building Inspector be authorized to sign canplaints and, essentially, ask the City Attorney to prosecute persons in violation of the City Ordinances. Councilmember Allen Horne seconded the motion. The motion carried by the following vote: AYES: All members present voted aye NOES: None 3. Report from Lt. Ken Maltby regarding personnel matters. No action taken. 4. Consider contemplated litigation regarding West Gate Mobil Home Park delinquent water bill. Councilmember Bob Self moved that City Attorney Chandler be authorized to pursue litigation on behalf of the City to collect the delinquent water bill which has accumulated by West Gate Mobil Home Park. Councilmember Bill Brede seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None Councilmember Allen Horne stated that in regard to the Sexually Oriented Business Ordinance passed earlier in the meeting he had been advised by the City Attorney that Section M relating to the fine of $1,000.00 needs to be changed to "not to exceed $200.00." - 416 - Councilmanber Allen Horne moved that passage of Sexually Oriented Business Ordinance be reconsidered and Section M of the ordinance be changed fran providing "a fine not to exceed $1,00.00" to "a fine not exceeding $200.00." Councilmenber Bob Self seconded the motion. The motion carried by the following vote: AYES: All members present voted aye. NOES: None ITEM VII: ADJOURNMENT: There being no other business to cane before. the Council at this time, Mayor Larry Hammett adjourned the meeting at 9:50 P.M. ATTEST: 0" ", - , -7", -, 2��- z?i-ty'-p&retary - 417 - Larry ett, Mayor ORDINANCE NO. 1987 -14 AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE, TEXAS, BY REPEALING SECTION 18 -33, SECTION 18 -34, AND SECTION 18 -42 THEREOF IN THEIR ENTIRETY AND ADDING TO SECTION 18 -46, THAT AN OWNER OR OPERATOR OF ANY TAXICAB MAY APPEAL FROM DECISION OF CHIEF OF POLICE SUSPENDING OR REVOKING OF TAXICAB'S DRIVER'S PERMIT TO OPERATE TAXICAB IN THE CITY OF STEPHENVILLE TO THE CITY COUNCIL OF THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Section 18 -33 of Chapter 18 of The Code of Ordinances of the City of Stephenville is hereby repealed, cancelled and revoked in its entirety. Section Two Section 18 -34 of Chapter 18 of The Code of Ordinances of the City of Stephenville is hereby repealed, cancelled and recoked in its entirety. Section Three Section 18 -42 of Chapter 12 of The Code of Ordinances of the City of Stephenville is hereby repealed, cancelled and revoked in its entirety. Section Four Section 18 -46 of The Code of Ordinances of The City of Stephenville is hereby amended to add to said Section 18 -46 the following: "Should the owner /operator of any taxicab have his or her permit cancelled, revoked or suspended by the Chief of Police, such owner or operator may file a written appeal within 48 hours excluding weekends or holidays, with the City Secretary. The City Council shall hear the appeal within 10 days after the receipt of the written appeal and take action thereon." Section Five This Ordinance shall go into effect from and after its passage and publication as required by law. PASSED and APPROVED this day of June, 1987. Mayor ATTEST: e, � Z"tL,�� City Secretary ORDINANCE NO. 1987 -15 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF STEPHE>]VILLE, TEXAS, BY ADDING SECTION XII.2 "SEXU LLY ORIENTED BUSINESSES "; PROVIDING DEFINITIONS; REGULATING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES; PROVIDING THAT NO SEXUALLY ORIENTED BUSINESS MAY LOCATE WITHIN 1,000 FEET OF A CHURCH, SCHOOL, PARK, RESIDENTIAL LOT OR ANOTHER SEXUALLY ORIENTED BUSINESS; PROVIDING FOR PERMITTING OF SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR ADDITIONAL REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, SECTION I That Sections VIII, IX, X, XI, and XII of the Zoning Ordinance of the City of Stephenville are hereby amended by revising the "Use Regulations" of said sec- tions to include: Sexually Oriented Businesses SECTION II That the Zoning Ordinance of the City of Stephenville is hereby amended by adding a new Section XII.2, "Sexually Oriented Businesses ", which section shall read as follows: f1i1��:."1.�L1`I� I�YYYI�Y It is the purpose of this section to regulate sexually oriented businesses to pranote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. B. DEFINITIONS. 1. 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 machi- nes, 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." 2. ADULT BOOKSTORE OR ADULT VIDEO STORE means a ccnmercial establishment which as its principal business purpose 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 pho- tographs, films, motion pictures, video cassettes or video repro- ductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatonical areas "; or b. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities ". 3. ADULT CABARET means a nightclub, bar, restaurant, or similar cammercial establishment which regularly features: a. Persons who appear in a state of nudity; or 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 pho- tographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatanical areas ". 4. ADULT ENCOUN'T'ER PARLOR means an establishment whose major business is the provision of premises where customers either congregate, associate, or consort with employees who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such custaners. 5. ADULT LOUNGE means an adult cabaret, as defined above, which is a per- mitted or licensed premises, pursuant to the Texas Alcoholic Beverage Code, where alcoholic beverages may be served or sold. 6. ADULT MODELING STUDIO means an establishment whose major business is the provision, to custaners, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such custaners and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such custaners. 7. ADULT MOTEL means a hotel, motel, or similar commercial establishment which: a. offers accaanodations to the public for any form of consideration; provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides, or other pho- tographic reproductions which are characterized by the depiction of description of "specified sexual activities" or "specified anatani- cal areas "; and/or has a sign visible from the public right of way which advertises the availability of this adult type of pho- tographic reproductions; or b. allows a tenant or occupant of a sleeping roan to subrent the roan for a period of time that is less than 10 hours. 8. 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 or description of "specified sexual activities" or "specified anatomical areas ". 9: 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 anatanical areas" or by "specified sexual activities ". 10 APPLICANT means the applicant for a permit shall be the operator of the sexually oriented business. 11. ARCADE DEVICE means any coin or slug- operated or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of entertainment, that is intended for the viewing of five (5) or fewer persons in exchange for any payment of any consideration. 12. CHIEF OF POLICE means the chief of police of the City of Stephenville or his designated agent. 13. CHURCH means a building, whether situated within the city or not, in which persons regularly assemble for religious worship intended pri- marily for purposes connected with such worship or for propagating a particular form of religious belief. 14. CONDUCT ANY BUSINESS IN A SEXUALLY ORIENTED BUSINESS means any person who does any one (1) or more of the following shall be deemed to be conducting a business in a sexually oriented business: a. Operates a cash register, cash drawer or other depository on the sexually oriented business premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the sexually oriented business or the activities conducted therein are kept; b. Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the sexually oriented business premises; c. Delivers or provides to any customer any merchandise, goods, enter- tainment or other services offered on the sexually oriented busi- ness premises; d. Acts as a door attendant to regulate entry of customers or other persons into the sexually oriented business premises; or e. Supervises or manages other persons in the performance of any of the foregoing activities on the sexually oriented business premises. 15. CUST(MER means any person who: a. Is allowed to enter a regulated sexually oriented business in return for the payment of an admission fee or any other form of consideration or gratuity; or b. Enters a regulated sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or c. Is a member of and is on the premises of a regulated sexually oriented business operating as a private club. 16. EMPLOYEE means any person who renders any service whatsoever to the customers of a regulated sexually oriented business or who works in or about a regulated sexually oriented business and who receives conpen- sation for such service or work fran the operator or owner of the regu- lated sexually oriented business or fran the customers therein. 17. ENTERTAIIVDMT means any act or performance, such as a play, skit, reading, revue, pantanime, scene, song, dance, musical rendition, or striptease, whether performed by employees, agents, contractors, or customers. The tern "entertainment" shall also mean bartenders, waiters, waitresses, or other employees exposing specified anatanical areas or engaging in specified sexual activities in the presence of custoners. 18. NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays "specified anatanical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or simi- larly depicted by other persons who pay money or any form of consideration. 19. NUDITY OR A STATE OF NUDITY means the appearance of a human bare but- tock, anus, male genitals, female genitals, or female breast. 20. OPERATOR means the manager or other natural person principally in charge of a regulated sexually oriented business. 21. OWNER OR OWNERS shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors, and persons holding ten (10) percent or more of the outstanding shares if a corporation. The tern "owner" shall not include any such person who has given to the operator a statement under oath that he does not desire to be listed on the permit application and that he waives any right to any notice that is required or permitted to be given under this ordinance. 22. PERMIT means a current, valid permit issued by the City Inspector pur- suant to the terms of this ordinance to an operator for a sexually oriented business. 23. PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity. 24. REGULATED ESTABLISHI4ENT means any sexually oriented business, as defined herein. 25. RESIDENTIAL pertains to the use of land, whether situated within the city or not, for premises such as hones, townhanes, patio hones, mobile homes, duplexes, condominiums and apartment complexes, which contain habitable roams for nontransient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein. A prenises which is designed primarily for living, sleeping, cooking, and eating therein shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. 26. 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. 27. SPECIFIED ANATOMICAL AREAS : a. Less than completely and opaquely covered: 1. Human genitals, pubic region or pubic hair; or 2. Buttock; or 3. Female breast or breasts below a point immediately above the top of the areola; or 4. Any combinations of the foregoing; or b. Hunan male genitals in a discernibly erect state, even if comple- tely and opaquely covered. 28. SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: a. The fondling or other erotic touching of 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. 29. TRACT means a contiguous parcel of land under cannon ownership, whether situated within the city or not. C. LOCATION OF SEXUALLY ORIENTED BUSINESSES: 1. A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of: a. A church; b. A public or private elementary or secondary school; c. Residentially zoned property; d. A public park; or e. A lot devoted to residential use. f. Another sexually oriented business. 2. A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented busi- ness in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business. 3. A person commits an offense if he operates or causes to be operated, a sexually oriented business without a permit for said business issued by the designated agent of the City of Stephenville. 4. For the purposes of Subparagraph (1) above, 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, licensed day care center, or to the nearest boundary of an affected public park, residential district, or residential lot. 5. For purposes of Subparagraph (1 -f) above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located. 6. Any sexually oriented business lawfully operating prior to the effec- tive date of this ordinance, that is in violation of Subparagraph (1) or (2), of this paragraph shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period of not to exceed six (6) months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such noncon- forming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissable location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later - established business(es) is nonconforming. 7. A sexually oriented business lawfully operating as a conforming use after the effective date of this ordinance is not rendered a noncon- forming use by the location, subsequent to the operation of the sexually oriented business, 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. D. ADDITIONAL REGULATIONS FOR ADULT MOTELS. 1. Evidence that a sleeping roan in a hotel, motel, or similar cannercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this section. 2. For purposes of Subparagraph (1) of this paragraph, the terms "rent" or "subrent" mean the act of permitting a roan to be occupied for any form of consideration. E. PERMIT - REQUIRED: 1. It shall be unlawful for any person to own, operate or conduct any sexually oriented business located within the city unless there is a permit for the sexually oriented business. 2. It shall be unlawful for any person to own, operate, or conduct any sexually oriented business located within the city unless the permit is posted at or near the principal public entrance to the sexually oriented business in such a manner that it will be conspicuous to patrons who enter the premises. 3. In any prosecution under Subsection (1) above, it shall be presumed that there was no permit at the time of the alleged offense, unless a permit was then posted as provided in Subsection (2). F. APPLICATION FOR PERMIT 1. Application for a permit, whether original or renewal, must be made to _ the designated agent of the City of Stephenville by the intended opera- tor of the sexually oriented business. Applications must be submitted by hand delivery to the City Hall during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday, city holidays excepted). Application forms shall be supplied by the City of Stephenville. The intended operator shall be required to give the following information on the application form: a. The name, street address (and mailing address if different) and Texas driver's license number of the intended operator, and any and all aliases. Notification required within 48 hours of change of operator. Information required as stated above. The name and street address (and mailing address if different) of the owner(s). Corporations shall be required to have written authorization fran the president or chief executive officer. b. The name under which the sexually oriented business is to be operated and a general description of the services to be provided; c. The telephone number of the sexually oriented business; d. The address, and legal description of the parcel of land on which the sexually oriented business is to be located; e. The date on which the owner(s) acquired the sexually oriented busi- ness for which the permit is sought, and the date on which the sexually oriented business began operations at the location for which the permit is sought; and f. A list of all employees or contractors involved in providing the services to be provided by the sexually oriented business. 2. The application shall be accompanied by the following: a. The application shall be accompanied by a diagram of the sexually oriented business shaving a plan thereof and designating any por- tion of the sexually oriented business in which patrons will be not be permitted. Such diagram shall also designate the place at which the permit will be posted if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however each diagram should be oriented to the north or to sane designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the sexually oriented business. The designated agent of the City of Stephenville shall waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the sexually oriented business has not been altered since it was prepared. b. Original application fee. (Fee to be set annually by the City Council). c. Renewal applications fee. (Fee to be set annually by the City Council). Payment of application fee to be made by certified check, cashiers check or money order, which fee shall not be refundable under any circumstances. d. The application shall contain a statement under oath that: That applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct; and The applicant has read the provisions of this article. e. A separate application and permit shall be required for each sexually oriented business. G. ISS()ANCE OR DENIAL OF PERMIT APPLICATION 1. Within twenty (20) days of receipt of any application, either original or renewal, the designated agent of the City of Stephenville shall grant or deny the requested permit and give written notice to the applicant as to the decision. 2. The designated agent of the City of Stephenville shall issue a permit to the applicant unless one (1) or more of the following conditions exist: a. The applicant's sexually oriented business is located within 1,000 feet of any school, church, licensed day care center, residentially zoned property, public park, lots devoted to residential use, or another sexually oriented business. Measurements shall be made as outlined in Section (C -4, C -5). b. The applicant failed to supply all of the information requested on the application; c. The applicant gave materially false, fraudulent or untruthful information on the application; d. The application or the sexually oriented business does not meet any other requirement of this ordinance. e. The applicant has not fully complied with all state, federal and local laws or regulations affecting the conduct of its business; or f. The operator has had a permit revoked for the same sexually oriented business within the one - hundred - eighty -day period next preceeding the date that the application was filed. H. TERM OF PERMIT Each permit shall be valid for a period of one (1) year and shall expire on the anniversary of its date of issuance, unless sooner revoked, or surren- dered. Each permit shall be subject to renewal as of its expiration date by the filing of a renewal application with the designated agent of the City of Stephenville. Renewal applications must be filed at least twenty (20) days prior to the expiration date of the permit that is to be renewed. I. REVOCATION OR SUSPENSION OF PERMIT 1. The designated agent of the City of Stephenville shall have the authority to revoke a permit for any one (1) or more of the following reasons: a. The owner or operator of the permitted sexually oriented business knowingly allowed a person under seventeen (17) years of age to enter a sexually oriented business; b. The permitted sexually oriented business does not conform to the provisions of Section (K) of this article; c. Three (3) or more cumulative violations of any of the offenses con- tained in Chapter 21, Chapter 43, Section 22.011, or Section 22.021 of the Texas Penal Code or of the offenses contained in this article have occurred on the premises of the permitted sexually oriented business. These violations must have occurred in a con- secutive period of twelve (12) months, and the owner or operator must have knowingly allowed such violations to occur or did not make a reasonable effort to prevent the occurrence of such violations; d. The operator of the permitted sexually oriented business gave materially false, fraudulent or untruthful information on the ori- ginal, or renewal application form; e. The sexually oriented business has been closed for business for a period of thirty (30) consecutive days, unless such closure is due to circumstances beyond the control of the owner, and the owner is proceeding with due diligence, given all attendant circ:unstances, to reopen the establishment. J. OTHER PERMIT PROVISIONS 1. Permit is valid only at the location for which it is issued; 2. It shall be unlawful for any person to counterfeit, forge, change, deface, or alter a permit; 3. A permit may be cancelled upon written request of the owner(s) or operator and surrender of the permit itself to the designated agent of the City of Stephenville. Permits shall be surrendered at the same place and at the same time as permit applications as provided in Section F (1) of this Ordinance. The surrender of a permit shall be effective upon its filing in the office of the designated agent of the City of Stephenville K. EX'T'ERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES 1. It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the sexually oriented business to be visible fran any point outside such sexually oriented business; 2. It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portions of the sexually oriented busi- ness to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner; M. ENFORCEMENT 1. Except as provided by Subparagraph (3) below, any person violating Paragraph C, upon conviction, shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 2. Except as provided by Subparagraph (3) below, any person violating any provision of this ordinance other than Paragraph C shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 3. If the sexually oriented business involved is a nude model studio, then a violation of this ordinance shall be punishable as a Class B misdemeanor. 4. It is a defense to prosecution under Paragraph C that a person appearing in a state of nudity did so in a modeling class operated: a. By a proprietary school licensed by the state of Texas; a college, junior college, or university supported entirely or partly by taxa- tion; b. By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or c. In a structure: 1. Which has no sign visible fran the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and 2. Where in order to participate in a class a student must enroll at least three days in advance of the class; and 3. Where no more than one nude model is on the premises at any one time. This ordinance shall go into effect fran and after its passage and publica- tion as required by law. PASSED AND APPROVED this 2nd day of June, 1987. Larry ett, Mayor ATTEST: CR � ity retary