RE 04-11-89.2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. 041189.2
The City Council of the City of Coppell, Texas, meeting in regular
session on the llth day of April, 1989, among other proceedings
considered the following resolution:
WHEREAS, the unrestricted operation of certain sexually oriented
business may be detrimental to the public safety and welfare to the
residents of the City of Coppell by contributing to the decline of
residential and bus~ness neighborhoods and the growth of criminal
activity; and
WHEREAS, it is the intention of local government to regulate
sexually oriented businesses to promote the public health, safety, end
welfare of City of Coppell citizens;
NOW, THEREFORE, BE IT RESOLVED TNAT THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS endorses HB-160 and encourages its passage of the ?lst
Legislature.
DULY PASSED by the City Council of the City of Coppell, Texas on
the llth day of April, 1989.
THE CITY OF COPPELL, TEXAs
Lou Duggan,
ATTEST:
Dorothy Timm~s,~-CJty Secretary
APPROVED AS TO FORM:
'~a~ence W. Jack~ ~i[y Attorney
RESOLUTION
1088M(4)
A RESOLUTION OF THE CITY OF COEPELL, TEXAS
NO.
The City Council of the City of Coppell, Texas, meeting in regular
session on the llth day of April, 1989, among other proceedings
considered the following resolution:
WHEREAS, the unrestricted operation of certain sexually oriented
business may be detrimental to the public safety and welfare to the
residents of the City of Coppell by contributing to the decline of
residential and busfness neighborhoods and the growth of criminal
activity; and
~MEREAS, it is the intention of local government to regulate
sexually oriented businesses to promote the public health, safety, and
welfare of City of Coppell citizens;
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
COPPELL, TEXAS endorses HB-160 and encourages its passage of the 71st
Legislature.
DULY PASSED by the City Council of the City of Coppell, Texas on
the llth day of April, 1989.
THE CITY OF COPPELL, TEXAS
ATTEST:
APPROVED AS TO FORM:
~a~ence W. JacksOn, Ci[y Attorney
RESOLUTION
1088M(4)
SUBMISSION DEADLINE: 5:~' p.m. Monday - 8 Days Precedin~ qity Council Meeting
REV.: Effective 1/20/88
AGENDA REQUEST FORM
FOR CITY COUNCIL MEETING: APRIL 11, 1989
I. REF/FILE NUMBER : RESOLUTION ~[
II. ITEM CAPTION : Consider approval of a Resolution in
SUDDOrt of HB-160 and encouraqe its passaqe Of the
71st Leqislature and authorize the Mayor to siqn -
by Councilman Morton
III. ACTION RECOMMENDED : Staff recon~mends approval
IV. REP. IN ATTENDANCE A: STAFF - Alan D. Ratlifff City Manaqer
B: OTHER -
V. NOTIFICATION TO :
METHOD OF CONTACT :
DATE :
VI. FINANCIAL REVIEW : 1. BUDGETED ITEM : N/A YES NO
2. BUDGET AMOUNT :
3. ESTIMATED AMOUNT FOR THIS ITEM :
4. AMOUNT OVER OR UNDER BUDGET :
5. LOW BIDDER RECOMMENDED : YES NO
SOURCE OF FUNDING
CO'S OR BONDS FUNDS :
(Series or year a~thorized) :
OPERATING BUDGET (Account Number) :
OTHER :
DMEMOI
SENT 8Y;HSE OF REPS-CAPITOL ; 3-17-89 ;11:19AM ; 512~§30§95- 912143937940;~ 3
RESOL~TIOR IN RI~ X PROCEEDINGS BEFORE
HB-I~fl S~XUALLY )( ~ CQMMI~ION~RS COU~T
ORI~TED BU~INESS~ )( DENTO~ COUNTY, TEXAS
X FEBRUARY 22, 1989
The Commi~loners Coul't of Denton County, Texas, meeting in special session
the 21st clay of February, 1989, among other proceedings eonstdered the following
resoluttom
WHERlZ. AS, the uneestrieted operation of certain sexually oriented busineSses may
be detrimental to the public health safety and welfare of Denton County resRlents by
contributing to the decline of residential and businesS fletghboehoocls and the growth of
criminal activity: and
WHERRAS, it is the intention DJ' IDeal government to regulate sexually orientec~
businesses to promote the public health, safety, and welfare of Denton County eitizenS;
NOW, THRREI~oRI~, be it resolved that the Commissioners Court of Denton
County, Texas endorses HB-160 and encourages its passage during the ?tst Legislature.
DONE IN OPBN COURT, this 21st day of February, 1989.
VIC 13t{RGEBS,~:OUNTY ,]'UDGE
SENT BY:HSE OF REPS-CAPITOL ; 3-17-89 ;11:20AM ; 5124630§954 912143937940;#
D~mton
Fabr%t&ry 21, 1989
Honorable Ben cattpbell
P.0. Box 2910
Alts~ln, Texas 78769
Dear Sir,
I a~ writing to register my strong support of House Bill
#160, "Regulation of Sexually Oriented Businesses".
Since the City of Dallas has been so successful with their
sexually Oriented Business Ordinance, these t~ea of
businesses are aoving into unincorporated areas such as
Denton Co~tnty.
Denton County and the Sheriff's department have very lialted
control of how these businesses operate and consequantly all
! urge you to do everything possible to a/low Denton County
some type of regulation powers over sexually oriented
soon as possible.
~81ncerel ~
~R/drk
SENT BY:HSE OF REPS-CAPITOL ; 3-17-89 ;11:26AM ; 5124§30§95- 912143937940;#
THE STATE OF IEXA~ ~
COMMISSIONERS'
COUNTY OF SAN PATRICIO ~
RESOLUTION 2-13-89-17
W'~S, Naval Station Ingleside is presently under construction and due to
be completed in 1991; and
WHEREAS, due to the Naval Station, approx~-~ely 11,000 people are expected
~o ~ove to the Aransas, Nuece~, and San Particle County area between
~88 an8 ~92; and
~S, history has proven that certain sexually oriented businesses have a
record of follo~ng ~his t~e of military buildup; and
~S, :he quality of life preeen:ly enjoyed by the citizens of ~his area
could be Jeopardized by the influx of sexually Oriented businesses;
and
~S, counties in the State of Texas have limited authority in resisting
these sexually oriented businesses; and
~S, ~he Honorable Ben Campbell, State Represe~tative, Dis:riot 61, has
in~roduced lasislation which ~ effect will allow Texas court:les to
better regulate se~ally oriented businesses thereby ~intaining the
present quality of life currently enjoyed by the residents of our
CountyI
NOW, ~EREFORE BE IT RESOLVED, that San Patricio County. co~ends tbs Honorable
Ben Campbell, S~ate Representative, District 61, for his efforts and
wholehear:edly supports House Bill 160.
PASS~ this 13th day of Pebruary. 1989.
,X~ , Ssioner ~reci~ct 1
Carl Duncan, Co~i~ion~ ~ecinc~ 2
Pedro G. Rod~i~ez, C~ssloner Precinc~ '3
SENT BY:HSE OF REPS-CAPITOL ; ~-17-89 ;11:22AM ; 5124§30595~ 91214393?940;# 5
THE STATE OF TEXAS ) LEGISLATIVE
) RES0~UTION ZN S~PPORT OP HB 160
COUNTY OP COLLIN ) COMMISSIONERS ' COURT
On February 2?, 1989, the Commissioners' Court of Collin County,
Texas, met in s~eol&l session with the following members present and
pa=ticipating, to witt
William 3. Roberts County Judge, presiding
Howar~ Thornton C~-._~.__lssioner, Prairie= 1
Jerz7 Hoagland Co~lssioner, PTeC£nct 2
John Wltherspoon Commissioner, Precinct 3
Jack Hatchell Commissioner, Precinct 4
During such session the court considered adoption of the following
resolution in support of HB 160, rela~ing to the authority of
munlc~palities and counties to regulate sexually oriented business=
WHEREAS, the com~issioners' court acknowledges that the unrestricted
operation of certain sexually oriented bus£nesses may be detrimental
to the public health, safety, and welfare by contributing to the
decline of residenElal and business neighborhoods and the growth o~
criminal activi~y~ and
WHEREAS, the members of this court recognize the ~eed for regulatory
action to provide a means of remedying this problem~
NON~ TH~REPOR~, BE IT RESOLVED that the Comm~ssione~s' Court of Collin
County, Texas, hereby endorses passage of HB 160, and respectfully
urges the citizens of Coll~n County and the legislators o~ t~e State
of Texas to support this bill.
upon a motion, second and maJoritz~te of the Court, this resoiut~on
was approved and adopted on the ~7 ~ day O~ February, 1989.
~NT ~Y:HSE OF REPS-CAPiTOL ; 3-1~-89 ; 9:23A~ ; 5124630695~ 91214993~940;~ 2
CITY OF HOUSTON, TEXAS
BILL ANALYSIS
House Bill 160 (as fried) By Campbell
CITY PosrI~ON: SUPPORT
This bill chauges the law dealing with the regalatinn of sexually oriented businesses by
adding adult bookstores, adult movie theatres, and adult motels to the list of businesses
which can be regulated as 'sexually oriented" and removing the existing exemption from
regulation for adult bookstores and 'adult movie theatres. The existing state law only
addresses matters of location. Significantly, this bill would also permit regulation as
necessary to promote the public health, safety, and welfare on matters other than location.
In addition, the bill would authorize a permit or license fee to be charged by the
regulating city or county.to cover the costs of a background investigation of an applicant
business, in addition to the ~xisting charge for the co~t of processing the application.
This amendmeht to the sexually oriented busines~ statute would greatly enhance the.
regulation, of sexuall~ oriented busineases by including as Class B misdemeanors (fine up to
$.500 and)or confinement in the county Jail of up to six mon~ks) violations by these
businesses of the regulations on matters other than location. Whereas, currently matters
other than location may only b~e ?~d. dreased by Municipal Court fines.
The City of Houston recommends that you support this bill. If you have any questions,
please contact Paul Bibler of the Legal Department at 713/247-2069 or Bill Brown of the
Police Department at 713/247-8457.
· '"' DRAFT'
]:OR DIS ,L SSION PUR] OSES
OHLY
SENT DY:HSE 01; REPS-CAPITOL ; 3-1'/-§9 ;11 23AM ; 51246,305~;5~ 9121439~'/940;$~
bac bill t'0 re.late
Group
: oriented business
~PU8 C~RI$~ ~vc~ment~ ~hc ability ~o ~l~'cl~' fl~
a b~i~ that b~ka Ibc ~]es.~ .
By Ml~ael E~II ~ 'l 0 ~g .'
$t~F ~CE~ T~on ~id thc Hom~ St~n~ Coun-
ROC~RT - The Home~fl $t~fing ali's endowment was ~u$ht a~er he ~ad :"
Council endo~d a bill last n~l thlt ia in a'Fo~ Wo~h ne~r thai the council
dcsi~ to give eounti~ the ~me regu)a- ~ u~'n~ C~stal ~d ~ties and
Io~ ~we~ that cities have over ~xually to atfictl~ ~$u]ate ~x~alJy effected buGi-
ofient~ business, n~s ~fom Naval S~lion Inalcsidc
The bill al~ would e~ble eili~ and in l~l.
~unties to file injunctions to clo~ tho~e The ~uncil ur{~ ar~ citi~ and corn-
~ t~t ofbusiae~, whe~ they violale local ties in Novcm~r lo m~el their ~gula-
regulations, tioa$ governing ~xu~l~ orienled
'It's a t~l thai can be u~d by Io~I business aRcr Ih~ Dallas o~inan~, con- :
governments to enturc lhat those ty~s of aider~d the nation's stricter ~t of ~l~s
busine~, do nol adve~ly affect the com- re$ulating tho~ lyes er b~sihc~s.
,% munltie$ they a~ in,' said Brad Amah, A ve~Jon of thc O~inan~ has been
eoo~inatoc rot thc st~dn$ council, adopt~ by the ~ty of. ln&l~ide~: and other
The pr0~l. H0u~ Bill I~, is in the venions a~ ~in8 conside~d by numerous
Stale Affain Committee awaiting apparel elti~ and ~unlics in thc Coastal
or denial, ~id Bill T~on. administrative ~in ~id. -. ,
~ismnt to Rep. ~n Camp~ll. R-Hewer The U.S. Sup~me Court ngr~d Jn
Moun~. author of the bill. If it cleero the ~a~ lO judge the validlly of the Dallas
~nel it would go to tho Hou~ fleet. The eminence and det~ine whether it vi~
next huMle would ~ the ~nate. lares f~sp~h fights. The ~ustic~s a~
The bill ~uld allow Counties Io t~uim ~ed to announce ~ele - ~ision
Ilcen~s of ~xually oHent~ busines~ sometime n~t year.. '.'~
which include mal~e ~rto~ nude stu- ~e ~ustice$ will ~v{~w.a.feae?l ~
dies. m~elin$ studios, love ~rio~ adult ~uH ruling t~t the otdman~ '1s ~,~
~ksto~s. adult'movie theate~ adult m~ mate attack on. ~time, ur~ blight[
eels and. other busings o~H{~8 n semi~ declining P~Y values. ~
or t~e ~lling or mntin~ oC items in~ended The ordinance contains many prov~
for ~xual ~timulation or gratification, but ~nemlly bars ~xually orienl~
Movie.~ntal busin~ which offer X. ne~s ~om ~thin I,~ ~t of h~
rated movies, b~t ~rimnrily rent other chu~he~, ~h~ls and other
t~a o~ movl~ wOu~ not ~ affect~ by ed b~sinesse[
the ocdmance. T~0n ~id. ~im~ors. It al~ ~m anyone convicted of c~
thespian, psycholo~sts and b~et health erim~ f~m o~ting a ~xually o~
. ' profes~onal$ also would ~ exempt ~om busings or ohm;hang a license Io o~6~
the ~gu}ation~ he ~id. Licensing authority on ~xually
The bill also wo~ld enabl~ citien and buslnc~cs ia considered to be a ~'~
Counties to seek injunctions in district clusive to ~itie~ T~on ~{d. But unde~
~urts against buain~ Ihat violate I~a} 160, county gov~ments in Texas ~,~
: mlc~. . approve similar mle~ he ~ d. '
'Ri~M now neither eltle~ no? countics Resdents in Camp~ll's district '~
can file for an in~unctlon," T~on ~id. uralng him to s~nsor iuch a
~The most that can ~ done is a ~n sexually oriented bus ncs~ once
who vlolales an ordinance can ~ token up Dallas began to move into their.~$~
on criminal cha~es. This bill gives I~al T~on ~id.
-Counties need mo~ regulatin$ ~
SENT BY:HSE OF REPS-CAPITOL ; 3-17-89 ; 9:25AM ; 5124630695~ 91214393?940;# 3
Combined Law Enforcement
Associations of Texas
Februar~ l, 3.989
Rep. Ben Campbell
Texas House of Representatives
Post office Box 2910
Austin, Texas 78769
RE: H.B. 160
Dear Representative Campbell:
The Combined Law Enforcement Associations of Texas strongly
supports the passage of H.B. 160 relating to the authority of
municipalities and counties to regulate sexually oriented
businesses. CT~AT represents over 8,000 peace officers and is the
largest police association in the State of Texas.
We are prepared to testify and provide supporting evidence for your
bill when it is heard in committee. Feel free to contact us if we
can assist you further as this legislation proceeds through the
legislative process.
pT~ASE NOTE OUR NEW ADDRESS AND PHONE NUMBER:
304 W. 13th
Austin, Texas 78701
(512) 495-9111
SENT DY;HSE OF REPS-CAPITOL ; 3-17-89 ;11:18AM ; 5124630895~ 912143337940;# 2
HOUSTON'S
Houston Police Officers Association
Texr~' Oldes~ and L~rgest Police As. soc~aHon
FIN£ST
February 9, 1989
Rep. Ben Campbell
Texas House of Representatives·
Post Office BOX 2910
Austin, Texas 78769
I~E: H.B. 160
Dear Representative Campbell;
The Houston Police Officers Association has reviewed H.B. 160
relating to the authority of municipalities and counties to
regulate s~xuslly oriented businesses. We strongly support its
passage. The HPOA represents approximately 3,000 Houston police
officers.
We are more t/~an willing to provide supporting testimony when this
bill is heard in committee. Don't hesitate to call on us if we can
assist you in speeding your legislation through the legislative
process.
we are looking forward to working with you on this and other
legislation during session.
President
}~RC/cJ
A BILL TO BE ENTITLED
1 AN ACT
2 relating to the authority of municipalities and counties to
3 regulate sexually oriented businesses.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Chapter 243, Local Government Code, is amended to
6 read as follows:
7 CHAPTER 243. MUNICIPAL AND COUNTY AUTHORITY TO REGULATE
8 [~e~A~eN-eF] SEXUALLY ORIENTED BUSINESS
9 Sec. 243.001. PURPOSE; EFFECT ON OTHER REGULATORY AUTHORITY.
10 (a) -The legislature finds that the unrestricted operation
11 [½esaU&emi of certain sexually oriented businesses may be
12 detrimental to the public health, safety, and welfare by
13 contributing to the decline of residential and business
14 neighborhoods and the growth of criminal activity. The purpose of
15 this chapter is to provide local governments a means of remedying
16 this problem.
17 (b) This chapter does not [e~hs~ee--e~] diminish the
18 authority of a local government to regulate sexually oriented
19 businesses with regard to a~y matters
20 Sec. 243.002. DEFINITION. In this chaptgr, "sexually
21 oriented business" means a massage parlor, nude 'studio, modeling
22 studio, love parlor, adult bookstore, adult movie theater, adult
23 ~e~, or oth~r [a*m~a~] commercial en~erprise the major business
71R309 MRB-D 1
1 items [~he~--~s] intended to provide sexual stimulation or sexual
2 gratification to the customer.
3 Sec. 243.003. AUTHORITY TO REGULATE LOCATION. (a) A
4 municipality by ordinance or a county by order of the commissioners
5 court may adopt regulations regarding
6 s] sexually oriented businesses as the municipality or county
7 considers necessary to promote the public health, safety, and
8 welfare [b~s~aess]. ,
9 (b) [A~-es~ee~-e6-e-se~a~y-e~e~e~--B~s~mess--e~e~--~e~
10 &~s-~eea~e~-mey-~e~-be-~ep~a~e~-~e~-~h~s-eha~e~
11 [%e~] A regulation adopted by a municipality applies only
12 inside the municipality's corporate limits.
13 (c) [~] A regulation adopted by a county applies only to
14 the parts of the county outside the corporate limits of a
15 municipality.?
16 (d) ~e~] In adopting a regulation, a municipality that has
17 in effect a comprehensive zoning ordinance adopted under Chapter
18 211 must comply with all applicable procedural requirements of that
19 chapter if the regulation is within the scope of that chapter.
20 Sec. 243.004. EXEMPT BUSINESS. The following are exempt
21 from regulation under this chapter:
2Z (1) [a-beeke~e~e?
24 [~] a business operated by or employing a licensed
25 psychologist, licensed physical therapist, licensed athletic
26 trainer, licensed cosmetologist, or licensed barber engaged in
27 pmmfe=ming functions &u~hor~zed unde= ~he
71R309 MRB-D 2
1 (2) [~4~] a business operated by or employing a
2 licensed physician or licensed chiropractor engaged in practicing
3 the healing arts.
4 Sec. 243.005. BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE
5 CODE. (a) A business is not exempt from regulation under this
6 chapter because it holds a license or permit under the Alcoholic
7 Beverage Code authorizing the sale or service of alcoholic
8 beverages.
9 (b) A regulation adopted under this chapter may not
10 discriminate against a business on the basis of whether the
11 business holds a license or permit ~nder the Alcoholic Beverage
12 Code.
13 (c) This chapter does not affect the existing preemption by
14 the state of the regulation of alcoholic beverages and the
15 alcoholic beverage industry as provided by Section 1.06, Alcoholic
16 Beverage Code.
17 Sec. 243.006.
18 se~ma½~-e~e~e~-D~s~esses-ma~-bee
20 [~--~eh~b~eed-w~h~-a-eeeea~m-~eeamee-e~-a-eehee~?
22 eehe~-spee~ed-~amd-~ee-ehe-~eve~m~n~-Med~-e~-ehe-m~n~e~a~e~--ee
23
25
26 ee,~a~¥-e~en~e~-b~e~aeseee.
27 [$ee~-~4a.~.] LICENSES OR PERMITS. (a) A municipality or
71R309 MRB-D 3
1 county may require that a license or other permit be obtained for
2 the operation of a sexually oriented business. A fee may be
3 charged for the license or permit but the fee may not exceed the
4 actual cost of processing the license or permit application.
5 (b) A municipality or county may impose a fee on a person
6 applying for or holding a license or other permit to recover the
7 cost of investigations the municipality or county undertakes as
8 part of the license or permit program.
9 Sec. 243.007 [~4~8]. ENFORCEMENT. (a) A municipality or
10 county may sue in the district court for an injunction to prohibit
11 the violation of a re.cn/lation adopted under this chapter.
12 (b) A person commits an offense if the person violates a
13 city or county regulation adopted under this chapter. An offense
14 under this subsection is a Class B misdemeanor.
15 Sec. 243.008 [~6~99]~ EFFECT ON OTHER LAWS. This chapter
16 does not legalize anything prohibited under the Penal Code or other
17 state law.
18 SECTION 2. The importance of this legislation and the
19 crowded condition of the calendars in both houses create an
20 emergency and an imperative public necessity that the
21 constitutional rule requiring bills to be read on three several
22 days in each house be suspended, and this rule is hereby suspended,
23 and that this Act take effect and be in force from and after its
24 passage, and it is so enacted.
71R309 MRB'~D 4