CHAPTER 243. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE SEXUALLY ORIENTED BUSINESS - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND

RELATED ACTIVITIES

SUBTITLE C. REGULATORY AUTHORITY APPLYING TO MORE THAN ONE TYPE

OF LOCAL GOVERNMENT

CHAPTER 243. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE SEXUALLY

ORIENTED BUSINESS

Sec. 243.001. PURPOSE; EFFECT ON OTHER REGULATORY AUTHORITY.

(a) The legislature finds that the unrestricted operation of

certain sexually oriented businesses may be detrimental to the

public health, safety, and welfare by contributing to the decline

of residential and business neighborhoods and the growth of

criminal activity. The purpose of this chapter is to provide

local governments a means of remedying this problem.

(b) This chapter does not diminish the authority of a local

government to regulate sexually oriented businesses with regard

to any matters.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.002. DEFINITION. In this chapter, "sexually oriented

business" means a sex parlor, nude studio, modeling studio, love

parlor, adult bookstore, adult movie theater, adult video arcade,

adult movie arcade, adult video store, adult motel, 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.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 507, Sec. 4, eff. June 13, 1991.

Sec. 243.003. AUTHORITY TO REGULATE. (a) A municipality by

ordinance or a county by order of the commissioners court may

adopt regulations regarding sexually oriented businesses as the

municipality or county considers necessary to promote the public

health, safety, or welfare.

(b) A regulation adopted by a municipality applies only inside

the municipality's corporate limits.

(c) A regulation adopted by a county applies only to the parts

of the county outside the corporate limits of a municipality.

(d) In adopting a regulation, a municipality that has in effect

a comprehensive zoning ordinance adopted under Chapter 211 must

comply with all applicable procedural requirements of that

chapter if the regulation is within the scope of that chapter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.004. EXEMPT BUSINESS. The following are exempt from

regulation under this chapter:

(1) a bookstore, movie theater, or video store, unless that

business is an adult bookstore, adult movie theater, or adult

video store under Section 243.002;

(2) a business operated by or employing a licensed psychologist,

licensed physical therapist, licensed athletic trainer, licensed

cosmetologist, or licensed barber engaged in performing functions

authorized under the license held; or

(3) a business operated by or employing a licensed physician or

licensed chiropractor engaged in practicing the healing arts.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.005. BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE CODE:

BUSINESS HAVING COIN-OPERATED MACHINES. (a) A business is not

exempt from regulation under this chapter because it holds a

license or permit under the Alcoholic Beverage Code authorizing

the sale or service of alcoholic beverages or because it contains

one or more coin-operated machines that are subject to regulation

or taxation, or both, under Chapter 8, Title 132, Revised

Statutes.

(b) A regulation adopted under this chapter may not discriminate

against a business on the basis of whether the business holds a

license or permit under the Alcoholic Beverage Code or on the

basis of whether it contains one or more coin-operated machines

that are subject to regulation or taxation, or both, under

Chapter 8, Title 132, Revised Statutes.

(c) This chapter does not affect the existing preemption by the

state of the regulation of alcoholic beverages and the alcoholic

beverage industry as provided by Section 1.06, Alcoholic Beverage

Code.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.006. SCOPE OF REGULATION. (a) The location of

sexually oriented businesses may be:

(1) restricted to particular areas; or

(2) prohibited within a certain distance of a school, regular

place of religious worship, residential neighborhood, or other

specified land use the governing body of the municipality or

county finds to be inconsistent with the operation of a sexually

oriented business.

(b) A municipality or county may restrict the density of

sexually oriented businesses.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.007. LICENSES OR PERMITS. (a) A municipality or

county may require that an owner or operator of a sexually

oriented business obtain a license or other permit or renew a

license or other permit on a periodic basis for the operation of

a sexually oriented business. An application for a license or

other permit must be made in accordance with the regulations

adopted by the municipality or county.

(b) The municipal or county regulations adopted under this

chapter may provide for the denial, suspension, or revocation of

a license or other permit by the municipality or county.

(c) A district court has jurisdiction of a suit that arises from

the denial, suspension, or revocation of a license or other

permit by a municipality or county.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989; Acts 1991, 72nd Leg., ch. 417, Sec. 1, eff. June 7, 1991.

Sec. 243.0075. NOTICE BY SIGN. (a) An applicant for a license

or permit issued under Section 243.007 for a location not

previously licensed or permitted shall, not later than the 60th

day before the date the application is filed, prominently post an

outdoor sign at the location stating that a sexually oriented

business is intended to be located on the premises and providing

the name and business address of the applicant.

(b) A person who intends to operate a sexually oriented business

in the jurisdiction of a municipality or county that does not

require the owner or operator of a sexually oriented business to

obtain a license or permit shall, not later than the 60th day

before the date the person intends to begin operation of the

business, prominently post an outdoor sign at the location

stating that a sexually oriented business is intended to be

located on the premises and providing the name and business

address of the owner and operator.

(c) The sign must be at least 24 by 36 inches in size and must

be written in lettering at least two inches in size. The

municipality or county in which the sexually oriented business is

to be located may require the sign to be both in English and a

language other than English if it is likely that a substantial

number of the residents in the area speak a language other than

English as their familiar language.

Added by Acts 1999, 76th Leg., ch. 1109, Sec. 3, eff. Sept. 1,

1999.

Sec. 243.008. INSPECTION. A municipality or county may inspect

a sexually oriented business to determine compliance with this

chapter and regulations adopted under this chapter by the

municipality or county.

Added by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.009. FEES. A municipality or county may impose fees on

applicants for a license or other permit issued under this

chapter or for the renewal of the license or other permit. The

fees must be based on the cost of processing the applications and

investigating the applicants.

Added by Acts 1989, 71st Leg., ch. 837, Sec. 1, eff. Aug. 28,

1989.

Sec. 243.010. ENFORCEMENT. (a) A municipality or county may

sue in the district court for an injunction to prohibit the

violation of a regulation adopted under this chapter.

(b) A person commits an offense if the person violates a

municipal or county regulation adopted under this chapter. An

offense under this subsection is a Class A misdemeanor.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(p), eff. Aug. 28,

1989. Renumbered from Sec. 243.008 and amended by Acts 1989, 71st

Leg., ch. 837, Sec. 1, eff. Aug. 28, 1989.

Sec. 243.011. EFFECT ON OTHER LAWS. This chapter does not

legalize anything prohibited under the Penal Code or other state

law.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Renumbered from Sec. 243.009 by Acts 1989, 71st Leg., ch. 837,

Sec. 1, eff. Aug. 28, 1989.