§ 26-252. Definitions.

In this article:

Achromatic means colorless or lacking in saturation or hue. The term includes, but is not limited to, grays, tans, and light earth tones. The term does not include white, black, or any bold coloration that attracts attention.

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 that 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 photographs, films, motion pictures, DVDs, video cassettes, or video reproductions, slides, or other visual representations, that depict or describe "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."

Adult cabaret means a commercial establishment that regularly offers "adult cabaret entertainment" to customers.

Adult cabaret entertainer means a person who engages in or performs "adult cabaret entertainment."

Adult cabaret entertainment means live entertainment that:

(1)

Is intended to provide sexual stimulation or sexual gratification; and

(2)

Is distinguished by or characterized by an emphasis on matter depicting, simulating, describing, or relating to "specified anatomical areas" or "specified sexual activities."

Adult motel means a hotel, motel, or similar commercial establishment that:

(1)

Offers accommodations to the public for any form of consideration; and:

a.

Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and

b.

Has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or

(2)

Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

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 that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Applicant means:

(1)

A person in whose name a license to operate a sexually oriented business will be issued;

(2)

Each individual who signs an application for a sexually oriented business license as required by subsection 26-255(c);

(3)

Each individual who is an officer of a sexually oriented business for which a license application is made under section 26-255, regardless of whether the individual's name or signature appears on the application;

(4)

Each individual who has a 20 percent or greater ownership interest in a sexually oriented business for which a license application is made under section 26-255, regardless of whether the individual's name or signature appears on the application; and

(5)

Each individual who exercises substantial de facto control over a sexually oriented business for which a license application is made under section 26-255, regardless of whether the individual's name or signature appears on the application.

Chief of police means the chief of police of the City of Palestine or the chief's designated agent.

Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. "Conviction" includes disposition of charges against a person by probation or deferred adjudication.

Creation means and includes 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.

Designated operator means the person or persons identified in the license application, or in any supplement or amendment to the license application, as being a designated operator of the sexually oriented business.

Employee means any individual who:

(1)

Is listed as a part-time, full-time, temporary, or permanent employee on the payroll of an applicant, licensee, or sexually oriented business; or

(2)

Performs or provides entertainment on the sexually oriented business premises for any form of compensation or consideration.

Escort means a person who, for consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort agency means a person or business association that for consideration furnishes, offers to furnish, or advertises to furnish "escorts" as one of its primary business purposes.

Historic district means an historic district as defined in chapter 40 of the Palestine City Code, as amended.

Licensee means:

(1)

A person in whose name a license to operate a sexually oriented business has been issued;

(2)

Each individual listed as an applicant on the application for a license;

(3)

Each individual who is an officer of a sexually oriented business for which a license has been issued under this article, regardless of whether the individual's name or signature appears on the license application;

(4)

Each individual who has a 20 percent or greater ownership interest in a sexually oriented business for which a license has been issued under this article, regardless of whether the individual's name or signature appears on the license application; and

(5)

Each individual who exercises substantial de facto control over a sexually oriented business for which a license has been issued under this article, regardless of whether the individual's name or signature appears on the license application.

Minor means a person under the age of 18 years.

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:

(1)

The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or

(2)

A state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.

Operates or causes to be operated means 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 licensee of the business.

Operator means any person who has managerial control of the on-site, day-to-day operations of a sexually oriented business, regardless of whether that person is a designated operator of the sexually oriented business.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Sexual contact has the same definition as "sexual contact" under V.T.C.A. Texas Penal Code, ch. 21.

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.

Sign means any display, design, pictorial, or other representation that is:

(1)

Constructed, placed, or painted, in any manner whatsoever on the exterior of a sexually oriented business or on any part of the tract upon which the sexually oriented business is located so that it is visible from the outside of a sexually oriented business; and

(2)

Used to seek the attraction of the public to any goods, services, or merchandise available at the sexually oriented business.

Specified anatomical areas means:

(1)

Any of the following, or any combination of the following, when less than completely and opaquely covered:

a.

Any human genitals, pubic region, or pubic hair;

b.

Any buttock; or

c.

Any portion of the female breast or breasts that is situated below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly erect state, even if completely and opaquely covered.

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2)

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) through (3) of this subsection.

Substantial enlargement of a sexually oriented business means an increase in the floor area occupied by the business by more than 25 percent, as the floor area existed on the date an initial application for a license to use the premises as a sexually oriented business is received by the city designating the floor area of the structure or proposed structure in which the sexually oriented business will be conducted, regardless of any subsequent changes in applicants, licensees, owners, or operators of the premises or the sexually oriented business.

Transfer of ownership or control of a sexually oriented business means and includes any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3)

The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

VIP room means any separate area, room, booth, cubicle, or other portion of the interior of an adult cabaret (excluding a restroom and excluding an area of which the entire interior is clearly and completely visible from the exterior of the area) to which one or more customers are allowed access or occupancy and other customers are excluded.

(Ord. No. O-01-15 , § I, 1-12-2015)