OR 87-385 Regulating the location of sexually oriented business TMFINAL82487 1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 87385
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER
6 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY ADDING
THERETO A NEW ARTICLE 6-7 REGULATING THE LOCATION OF SEXUALLY
ORIENTED BUSINESS; PROVIDING DEFINITIONS; REQUIRING A PERMIT;
PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING FOR DENIAL,
TRANSFER, AND SUSPENSION OF PERMITS; PROVIDING FOR REGULATIONS FOR
EXTERIOR PORTIONS OF REGULATED ESTABLISHMENTS; PROVIDING FOR
REGULATION OF SIGNAGE; PROVIDING REGULATIONS FOR ENTRY OF A
REGULATED ESTABLISHMENT; PROVIDING FOR REGULATION OF NOTICES;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE MOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell makes the
follow in g findings with regard to sexually-ori anted
establishments:
WHEREAS, Article 2372w, Section 3. (a) of the Revised Civil
Statutes of Texas provides that a city by ordinance or a county by
order of the commissioners court may adopt regulations restricting
the location of massage parlors, nude studios, modeling studios,
love parlors, and other similar commercial enterprises whose major
business is the offering of a service which js intended to provide
sexual stimulation or sexual gratification to the customer.
WHEREAS, Article 1175, Section 23, of the Revised Civil
Statutes of Texas authorizes home rule cities to license any
lawful business, occupation, or calling that is susceptible to the
control of police power.
WHEREAS, Article 1175, Section 34, of the Revised Civil
Statutes of Texas authorizes home rule cities to enforce all
ordinances necessary to protect health, life, and property, and to
preserve the good government, order and security of such cities
and their inhabitants.
WHEREAS, There is clear and convincing documented evidence in
many neighboring cities in the Dallas-Fort Worth area that adult
entertainment uses, because of their very nature, have serious
objectionable operational characteristics, that produce or resuIt
in a deleterious effect upon adjacent areas and the surrounding
neighborhood.
WHEREAS, there is clear and convincing evidence in
neighboring cities that sexually-oriented establishments are
frequently used for unlawful sexual activities, including
prostitution and sexual liaisons of a casual nature.
TMFINAL82487 2
WHEREAS, there is clear and convincing evidence jn
neigbbor~ug cities that se×ually-orjented businesses, because of
their very nature, have a deleterious effect on both the existing
businesses around them and the surrounding residential areas
adjacent to them, cansing increased crime and downgrading of
property values.
WHEREAS, the City Council of the City of Coppell, has
determined that the special regulation of these uses is necessary
to insure that the adverse effects are minimized and controlled so
as not to cause or contribute to crime or increase blighting or
downgrading of adjacent property in the snrrounding neighborhoods.
WHEREAS, the concern over sexually-transmitted diseases is a
legitimate health concern of the City that demands reasonable
regulation of sexually-oriented businesses in order to protect the
health and well being of its citizens.
WItBRBAS, licensing ~s a legitimate and reasonable means of
accountability to help ensure that operators of sexually-oriented
businesses comply with reasonable regulations and to help ensure
that operators do not allow their establishments to be used as
p]aces of illegal sexual activity or solicitation.
WHeREaS, the City Council of the Cj~y of Coppell ~esires to
minimize and control these adverse effects and, thereby, preserve
the property values and character of surrounding ueigbborhoods,
protect the citizens from increased crime, preserve the quality of
l~fe, and protect the healtb, safety, moraIs, an~ welfare of its
c~tizenry;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OE COPPELL, TEXAS:
SECTION 1. A~DI~G C~PTER 6 OF T~ CO]}~ OF OI~DI~AMCt~S
That CHapter 6 of the Code of Ordinances of tbe City of
Coppell, Texas, be, and the same is hereby, amended by adding
thereto a new Article 6-7 regulating sexually oriented business
within the City which shall read as follows:
"ARTICLE 6-7
SEXaALL~ ~IE~T~D BI~SI~SS
Section 6-7-1 PI~RPOSB &~D INTENT
It is the pnrpose and intent of this article to
regulate sexually-oriented businesses to promote
the health, safety, morals, and general welfare
of the citizens of the City, and to establish
reasouable add nniform regulations to prevent
TMFINAL82487 3
the concentration of sexually-ori ented
businesses within the City. The provisions of
this chapter 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 chapter' 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.
Section 6-7-2 DBFI~ITIO~$
As used in this article, the following words and
terms shall have tile meanings ascribed to them
in this section, unless the context of their
usage clearly indicates another meaning:
~%chroua~i~. Colorless, lacking in saturation
hue. Without ]imitation, gray shall be included,
but white and black shall be excluded from the
definition of achromatic.
td~lt bookstore. An estab]ishment whose major
business is the offering to customers of books,
magazines, films or videotapes (whether for
viewing off-premises or on-premises by use of
motion picture machines or other image-produciug
devices), periodicals, or other printed or
pictorial materials which are interlded to
provide sexual stimulation or sexual
gratification to such customers, and which are
distinguished by or characterized by an emphasis
on matter depicting, describing or relating to
specified sexual activities, or specified
anatomical areas, or an establishment with a
segment or section devoted to the sale or
display of such materials, or instruments,
devices, or paraphernalia which are designed fox-
use in connection with "specified sexual
activities".
A~MI~ cabaret. An establishment whose major
business is the offering to customers of live
entertainment that is iutended to provide sexual
stimulation or sexual gratification to such
customers, and which is distinguished by or
characterized by an emphasis on specified
anatomical areas or matter depicting, describing
or relating to specified sexual activities, or
specified anatomical areas.
TMFINAL82487 4
t~ult encooDter parlor. An establishment whose
major business is the provision of premises
where customers either congregate, associate, or
consort with employees or other persons 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 customers.
ld~nlt lo~mge. An adult cabaret , as defined
above, which is a permitted or licensed
premises, pursuant to the Texas Alcoholic
Beverage Code, where alcoholic beverages may be
served or sold.
t~ult ~odel~g studio. An establishment whose
major business j s the provision, to customers,
of figure models who are so provided with the
intent nf providing sexual stimulation or sexual
gratification to such customers 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 customers.
~ult ~ovie the~re. An establishment,
containing a room with tiers or rows of seats
facing a screen, or projection area, whose major
business is the exhibition to customers of
motion pictures that are intended to provide
sexual stimulation or sexual gratification tn
such customers and that are d~stinguished by or
characterized by an emphasis on matter
depjcting, describing or relating to specified
sexual activities or specified anatomical areas.
tpl~l~can~. The applicant for a permit shall be
the intended operator of the enterprise.
Church. A building, whether situated within the
city or not, in ~hich persons regularly assemble
fox religious worship intended primarily for
purposes conuected with such worship or for
propagating a particular form of religious
belief.
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Comn~ercial amulti-unit center. A building or
structure (including a shopping mall or strip
shopping center) containing three (3) or more
separate premises, each of which is offered by
lease or otherwise for separate occupancy or
control and each of which occupies an enclosed
area having its own door or entrance way opening
onto public property, a public way, or a common
area.
Conduct arts business in an enterprise. Any
person who does any one (1) or more of the
following shall be deemed to be conducting
business in an enterprise:
1. Operates a cash register, cash drawer,
money box, money bag or other depository on
the enterprise premises where cash funds or
records of credit card or other credit
transactions generated in any manner by the
operation of the establishment or the
activities conducted therein are kept;
2. Displays or takes orders from any customer
for auy merchandise, goods, entertainment
or other services offered on the enterprise
premi ses;
3. Delivers or provides to any customer any
merchandise, goods, entertainment or other
services offered on the enterprise
premises;
4. Acts as a door attendant to regulate entry
of customers or other persons into the
enterprise premises; or
5. Supervises or manages other persons in the
performance of any of the foregoing
activities on the enterprise premises.
Cnstu~er. Any person who:
1. Is allowed to enter a regulated
establishment jn return for the payment of
an admission fee or any other form of
consideration or gratuity; or
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2. Enters a regulated establishment and
purchases, rents or otherwise partakes of
any merchandise, goods, entertainment or
other services offered therein; or
3. Is a member of or agent of and on the
premises of a regulated establishment
operating as a club.
Director. The City Manager and/or such
employee(s) of the City of Coppe]l as he may
designate to perform the duties of the director
under this article.
Display surface. The entire surface of a sign,
on one (1) side, devoted to exhibiting
advertising. The display surface shall not
include the sign frame and incidental supports
thereto.
~ploye~. Any person who renders any service
whatsoever to the customers of a regulated
establishment or who works in or about a
regula ted esta b] ishment and who receives
compensation for such service or work from the
operator or owner of the regulated establishment
or from the customers therein.
Bnter~ris~. An adult cabaret, adult encounter
par]or, adult lounge, adult modeling studio, or
any establishment whose major business is the
offering to customers of a product or service
that is intended to provide sexual stimulation
or sexual gratification to such customers, or
which is distinguished by or characterized by an
emphasis on specified anatomical areas or matter
depicting, describing or relating to specified
sexual activities or specified anatomical areas.
The term "enterprise" shall not be construed to
include:
1, Any adult bookstore or adult movie theatre,
as those terms are defined herein;
2. Any business operated by or employing
licensed psychologists, licensed physical
therapists, licensed athletic trainers,
licensed cosmetologists, or licensed
barbers performing functions authorized
under the licenses held; or
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3 . Any business operated by or employing
licensed physicians ox licensed
chiropractors engaged in practicing the
healing arts.
~ntertain~en~. Any act or performance, such as a
play, skit, reading, revue, pantomime, scene,
song, dance, musical xenditjon or striptease,
whether performed by employees, agents,
contractors, or customers, and shall also mean
bartenders, waiters, waitresses, or other
employees, exposing specified anatomical areas
or engaging in specified sexual activities in
tbe presence of customers.
Exterior ~r~n. Any part of the physical
structure of a regulated establishment,
including a wall, veneer, door, fence, roof,
roof covering, or window, which is visible from
aDy public way or public property.
L~c~nse~ ~a~-care center. A facility licensed by
the State of Texas, whether situated within the
city or not, that provides care, training,
education, custody, treatment or supervision for
less than twenty-four (24) hours a day, for more
than twelve (12) children under fourteen (14)
years of age, where such children are not
related by blood, marriage or adoption to the
owner or uperator of the facility, regardless of
whether or not the facility is operated for a
profit or charges fox' the services ~t offers.
Operator. The manager or other natural person
p r in cipally ~ n charge of a regulated
estab]ishment.
O~ner ~r n~n~rs shall mean the proprietor if a
sole proprietorship, all partners (genera] and
limited) jf a partnership, or all officers,
directors, and persons holding five (5%) percent
or more of the beneficial ownership if a
corporation.
TMFINAL82487 8
Permit. A current, valid permi t issued by the
director pursuant to the terms of this article
to an operator for an enterprise.
Regulated establishment. Any enterprise, adult
bookstore, or adult movie theatre, as defined
herein.
Residential. Pertaining to the use of land,
whether situated within the city or not, for
premises such as homes, townhomes, patio homes,
zero lot ]ine homes, mobile homes, duplexes,
condominiums and apartment complexes, which
contain habitable rooms for nontransient
occupancy and which are designed primarily for
living, sleeping, cooking, and eating therein. A
premises that is designed primarily for living,
sleeping, cooking and eating therein shall be
deemed to be residential iu character unless it
~s actually occupied and used exclusively for
other purposes . Hotels , motels, nursing homes,
hospitals, and nursery schools shall not be
considered to be residential.
School. A building, whether situated w~thin the
city or not, where persons regularly assemble
for the purpose of instruction or education
together with the playgrounds, stadja and other
structures or grounds, if any, used in
coujunction therewith. The term is limited to:
(1) Public and private schools used for primary
or secondary education, in which any regular
kindergnrten or grades one (1) through twelve
(12) classes are taught; and
(2) Special educational facilities in which
students who have physical or learning
di sabilities receive specialized education in
lieu of attending regular classes in
kindergarten or any of grades one (1) through
twelve (12).
TMFINAL82487 9
S~g~. Any display, design, pictorial, or other
representation, which shall be so constructed,
placed, attached, painted, erected, fastened or
manufactured in any manner whatsoever so that
the same is visible from the outside of a
regulated establishment and that is used to seek
the attraction of the public to any goods,
services or merchandise available at such
regulated establishment. The term "sign" shall
also include such representations painted on or
otherwise affixed to any exterior portion of a
regula ted establishment as w ell as such
representations painted on or otherwise affixed
to any part of the tract upon which such a
regulated establishment is situated.
Specified anatomical areas:
1. Less than completely and opaquely covered:
a. Human genitals, pubic region or pubic
hair; or
b. Buttock; or
c. Female breast or breasts below a point
immediately above the top of the areola;
Or
d. Any combination of the foregoing; or,
2. Human male genitals in a discernibly erect
state, even if completely and opaquely
covered.
Specified sexual activities:
1. Human genitals in a discernible state of
sexual stimulation or arousal; or
2. Acts of human m asturbation, sexual
intercourse or sodomy; or
3. Fondling or other erotic touching of human
genitals, pubic region or pubic hair,
buttock or female breast or breasts; or
4. Any simulations of any of the foregoing; or
5. Any combination of the foregoing.
TMFINAL82487 10
Tract. A contiguous parcel of land under common
ownership, whether situated within the city or
not.
Section 6-7-3 Permit-Required.
A. It shall be unlawful for any persou to own,
operate or conduct any business in an enterprise
located within the city unless there is a permit
for' the eaterprise.
B. It shall be unlawful for any person to own,
operate, or coilduct any business in an
enterprise located within the cjty unless the
permit is posted at or near the principal public
entrance to the enterpr:ise in such a manner that
it w~ll be conspicuous to patrons who enter the
premi ses.
C. In any prosecution under subsection A.
above, it shall be presumed that there was no
permit at the t~me of the alleged offense,
unless a permit was then posted as provided in
subsection B.
Section 6-7-4 Per~it-~pplications.
A. Applications for a permit, whether original
or renewal, must be made to the director by the
iutended operator of the enterprise.
Applications must be submitted by hand delivery
to the office of the City Manager or his/her
designee during regular working hours (8:00 a.m.
to 4:00 p.m., Monday through Friday, city
holidays excepted). Applications forms shall be
supplied by the director. The intended operator
shall be required to give the following
information on the application form:
1. 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;
b. The name and street address (and
mailing address if different) of the
owner(s);
TMFINAL82487 11
2. The name under which the enterprise js to
be operated and a general descr~ ption of
the services to be provided;
3. The telephone number of the enterprise;
4. The address, and legal description of the
parcel of land on which the enterprise is
to be located;
5. The date on which the owner(s) acquired the
enterprise for which the permit is sought;
and
6. A ]~st of all employees or contractors
involved jn providing the services to be
provided by the enterprise.
B. The application shall be accompanied by the
following:
1. Payment iu full of a fee of:
s. Seven hundred fifty dollars ($750.00)
for an original application; or
b. Five hundred dollars ($500.00) for a
renewal application, as applicable, by
certified check , cashiers check or
money order, which fee shall not be
refundable under any circumstances;
2. A certified copy of tbe assumed name
certificate filed in compliance with the
Assumed Business or Professional Name Act
(Texas Revised Civil Statutes Annotated,
Business and Commerce Code, Chapter 36) if
the enterprise is to be operated under an
assumed name;
3. If the enterprise is a Texas corporation, a
recently certified (within ten (10) days
prior to the application) copy of the
articles of incorporation, together with
all amendments thereto from the Texas
Secretary of State, and recently dated
(withju teu (]0) days prior to the
application) Certificate of Good Standing
from the Comptroller of the State of Texas;
I'MFiNAL82487 12
4. If the enterprise is a foreign corporation,
a rece~,t]y certified (within ten (10) days
prior to the application) copy of the
certificate of authority to transact
business in this state from the Texas
Secretary of State;
5. If the enterprise is a limited partnership
formed under the laws of Texas, a recently
certified (within ten (10) days prior to
the application) copy of the certificate of
limited partnership, together with all
amendments thereto, filed jn the office of
tbe Secretary of State under the Texas
Limited Partnership Act (Artjcle 6132a
Vernon's Texas Civil Statutes);
6. If the euterprj se is a foreign limited
partnership, s recently certified (within
ten (10) days prior to the application)
copy of the certificate of limited
partnership and the qualification
documents, together with all amendmeuts
thereto, filed in the office of tile
Secretary of State under the Texas Limited
Partnership Act (Article 6132al Vernon's
Texas Civil Statutes);
7. Items 2. through 6. above shall also be
required for a reuewal application.
C. The application shall contain a statement
under oath that:
1. The applicant has personal kaowledge of the
information contained in the application
and that the information contained thereiu
is true and correct; and,
2. The applicant has read the provisions of
this article.
D. A separate application and permit shall be
required for each enterprise.
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Section 6-7-5 Pernit-Tern; renewal.
Each permit shal3 be valid for a period of one
(1) year and shall expire on the anniversary of
its date of issuance, unless sooner revoked or
surrendered . Each permit shall be subject to
renewal as of its expiration date by the filing
of a renewal application with the director .
Renewal applications must be filed at least
twenty (20) days prior to the expiration date of
the permit that is to be renewed .
Section 6-7-6 Pernit-Issuance or denial.
A. Within twenty (20) days of receipt of any
appdication, either original or renewal, the
director shall grant or deny the requested
permit and give written notice to the applicant
as to the decision.
B. The director shall only issue a permit to
the applicaut if the enterpr:ise is located in
any tract, in the City or not, zoned for Light
Industry (LI), unless one (1) or more of the
following conditions exist:
1. The applicant's enterprise is located
within one thousand (1000) feet of any
school, church, licensed day care
center, hotels, motels, nursing homes,
hospitals, nursery schools, or any
dedicated park or playground. Measurements
shall be made in a straight line, without
regard to intervening structures or
objects, from the nearest point on the
property line of the applicant's enterprise
to the nearest point on the property line
of such school , church, licensed day
care center, hotels, motels, nursing homes,
hospitals, nursery schools, or any
dedicated park or playground;
2. The applicant's enterprise is located
w~thdn one thousand (1,000) feet of any
other enterprise for which there is a
permit under this ordinance. Measurements
shall be made in a straight line, without
regard to intervening structures or
objects, from the nearest point on tbe
property line of the applicant's enterprise
to the nearest point on the property line
of any other enterprise;
TMFJNAL82487 14
3. Seventy-five (75) percent or more of the
tracts within a circular area, as described
herejn, are residential in character. The
radius of such circular area shall be one
thousand (1,000) feet, and the center of
such circular area shall correspond to the
midpoint of a line joining the two (2) most
distant points on the boundary of the tract
on which the enterprise is located;
4. The applicsnt failed to supply all of the
information requested on the application;
5. The applicant gave fraudulent or materiaJly
false, or untruthful information on the
application;
6. The applic ant's enterprise is not in
compliance with section 6-7-10 and section
6-7-11 of this article;
The application or the enterprise does not
meet all other requirement s of this
article;
8. The applicant has not fully compiled with
all state, federal and local laws or
regulatjons affecting its business; or
9. The operator has had a permit revoked for
t h e same e n t e rp rjse w it hj n tbe
two-hundred-seventy (270) day period next
preceding the date that the application was
filed.
10. An applicant or sn applicant's spouse has
been convicted of or is under indictment
for:
a. Any of the following offenses ss described
in Chapter 43 of the Texas Penal Code:
(1) Prostitution;
(2) Promotion of prostitution;
(3) Aggravated promotion of prostitution;
(4) Compelling prostitution;
(5) Obscenity;
TMFINAL82487 15
(6) Sale, distribution, or display of
harmful material to minors;
(7) Sexual performa.ce by a child; or
(8) Possession of child pornography.
b. Any of the following offenses as described
in Chapter 21 of the Texas Penal Code:
(1) Pt~bljc lewdness;
(2) Indecent exposure; or
(3) Indecency with a child.
c. Engaging in organized crimina] activity as
described in Chapter 71 of the Texas Penal
Code;
d. Sexual assault or aggravated sexual
assanlt as described in Chapter 22 of the
Texas Penal Code;
e. Inc eat, solicitation of a child, or
barboring a runaway child as described ~n
Chapter 25 of the Texas Penal Code;
f. Kidnapping or aggravated kidnapping as
described in Chapter 20 of the Texas Penal
Code;
g. Robbery or aggravated robbery as described
in Chapter 29 of the Texas Penal Code;
h. Bribery or retaliation ~s described in
Chapter 36 of the Texas Penal Code;
i. A viola ti on of the Texas Controlled
Substances Act or Dangerous Drugs Act
punishable as felony, Class A misdemeanor,
or Class B misdemeanor; or
j. Criminal attempt, conspiracy, or
solicitation to commit any of the
foregoing offenses;
k. For which:
(1) Less than two (2) years have elapsed
since the date of conv~ction or the
date of release from confinement
imposed for the conviction, whichever
is the later date, if the conviction
is of a misdemeanor offense;
TMFINAL82487 16
(2) Less than five (5) years have elapsed
since the date of conviction or the
date of release from confinement for
the conviction, whichever is the
later date, if the conviction is of a
felony offense; or
(3) Less than five (5) years have elapsed
siuce the date of the last conviction
or the date of release from the
confinement for the last conviction,
whichever is the later date, if the
convictions are of two or more
misdemeanor offenses or a combination
of misdemeanor offenses occurring
within any twenty-four (24) month
period .
]l. The fact that a conviction is being
appealed shall have no effect on the
disqualification of the applicant or
applicant's spouse.
12. An applicant who has been convicted or
whose spouse has been convicted of an
offense listed in section 6-7-6, subsection
B(lO)(a), for which the required time
period has elapsed since the date of
convjction or the date of release from
confiuement imposed for the conviction, may
qualify for a sexual]y-oriented business
]iceuse only if the Director' determines
that the applicant or applicant's spouse is
presentJy fit to operate a
sexually-oriented business. In determining
present fitness under this section, the
Director shall consider the following
factors concerning the applicant or
applicant's spouse, whichever had the
criminal conviction:
a. The extent aud nature of the past criminal
activity;
b. The age at the time of the commission of
the crime;
c. The amount of time that has elapsed since
the last crimiual activity;
d. The conduct and work activity prior to and
following the criminal activity;
e. Evidence of the rehabilitation or
rehabilitative effort while incarcerated
or following release; and
TMF]NAL82487 17
f. Other evidence of present fitness,
3ncluding letters of recommendation from
prosecution, law enforcement, and
corrections]. officers who prosecuted,
arrested, or had custodial responsibility
for him; the Sheriff and Cbief of Police
jn the community where he resides; and
other persons in contact with him.
13. It is the responsibility of the applicant,
to the extent possible, to secure and
provide to the Director the evidence
required to determine present fitness uuder
subsection 12. of this section.
14. The license, if granted, shall state on its
face the name of the person or persons to
whom it is granted , the expiration date,
and the address of the sexually-oriented
business. The license shall be posted in a
conspicuous place at or near the entrance
to the sexually-oriented business so that
it may be easily read at anytime.
C. Property and distances for original
applications shall be determined as of the
time that the application is filed. If a
renewal application is timely filed as
provided in section 6-7-5, the property
uses and measurements for the renewal
application shall be determined as of the
time that the orig2ina] application ~or the
enterprise was filed. If not tjmely f~led,
renewal applications sball be subject to
the same fees and shall be treated in the
same manner in all respects as original
applications.
D. In the event that the director determines
that an applicant is not eligible for a
permit, the applicant shall be given notice
in writiug of the reasons for the denial
within twenty (20) days of the receipt of
its application by the director. An
applicant may appeal the decision of the
director regarding such denSal by filing a
written request for a hearing with the
director within fifteen (15) days after he
is given notice of such denial. The
director's decision on the application
shall be final unless an appeal is timely
filed. An appeal shal] not stay the
TMFINAL82487 18
director's decision on the issuance of a
permit:. The applicant's written request for
a hearing shall set out the grounds on
which the denial is challenged. The hearing
shall be conducted by a hearing official to
be designated by the director. The hearing
official shall not have participated in any
investigation or decision relating t.o the
denial of the permit . At the hearing the
hearing offjcia] shall receive oral and
written testimony regarding the
application. Hearings sha] 1 be conducted
under' rules issued by the director, which
shall be consistent with the nature of the
proceedings and shall eusure that: each
party may present evidence, cross-examine
witnesses and be represented by legal
counsel .
E. The hearing official shall conduct the
hearing within fifteen (15) days after
receipt of the applicant's written request
for a hearing unless the applicant requests
an extensiun in writing. The hearing
official shall render a written decision
and issue notice thereof to the applicant
within five (5) days after' the conclusion
of the hearing, The written decision of the
hearing official shall be final unless an
appeal is filed to the city council
pursuant to section 6-7-6 F.
F. The applicant may appeal the decision of
the hearing official to the city council by
filing a written notice uf appeal with the
city secretary within fifteen (15) days
after the applicant is given notice iif the
hearing officia]'s decision. The notice of
appeal shall be accompanied by a memorandum
or other writing setting out fully the
grounds for' such appeal and all arguments
in support thereof. The director may submit
a nlemorandum ill response to the memorandum
fi[ed by the applicant on appeal to the
city council. After reviewing such
memoranda, as well as the hearing
official's written decision, and the
exhibits introduced at the hearing before
the hearing official, the city council
shall vote to either uphold or overrule the
hearing officjal's decision. Such vote
shall be taken at the next regular City
TMFINAL82487 19
Counci 1 meeting no sonner than fourteen
(14) calendar days after the date on which
the city secretary receives the notice of
appeal. However, all parties shall be
required to comply with tile hearing
officisl's decision during the pendency of
the appeal . The decisffon of the city
council shall be final.
C. Failure of the director to give timely
notjce of hi s action on an application, or
fsilnre of the hearing official to timely
conduct or give notice of his decision on
an appeal from the djrector's decision, or
failure of the city council to vote ou an
appeal from the decision of the hearing
official within tile limitations of time
specfffied above, shall entitle the
applicant to the issuance of a temporary
permit upon written demand therefor filed
by the applicant with the director. Such a
temporary permit shall only be valid until
the third day after the dixector gives
notice of his action on the application or
the hearing off~cial gives notice of this
decision on the appeal, or the city council
votes on the appeal , as applicable .
Section 6-7-7 Permit-Transfer upon change.
A. A permit is persoual to the owner(s) and
operator designated in the application,
provided i t may be transferred pursuant to
this section. A transfer application must
be filed by the tenth day next following
any change of the owner(s) or operator
designated on the application. If a
transfer application is not timely filed,
then the permit shall be invalid for any
purpose relating to the operatiou of the
enterprjse , and any transfer shall require
and be treated in all respects as an
original permit application. For purposes
of measurements betweeu enterprises under
section 6-7-6B.(2) of this Code, an
enterprise for which the permit has become
invalid by operatiou of this section shall
be treated as though it had a permit until
the permit is revoked pursuant to section
6-7-8 of the Code and any appeal therefrom
to the city council has been concluded.
TMFINAL82487 20
B. The director shall prescribe a form on
which permit transfer applications shall be
made . The form shall include s statement
under oath that the original application
remains correct as previously submitted in
all respects except those that are amended
hereby . The transfer application shall
contain a statement under oath that the
individual signing the transfer application
has personal knowledge of the information
contained therein and that the information
is true and correct and shall not be
complete unless accompanied by a
nonrefundable transfer fee of seven hundred
and fifty dollars ($750.00), Transfer
applications shall be filed in the same
place and at the same time as orig~na]
applications and the fee shall be payable
in the same manner as for original
applications, as provided in section 6-7-4
of this Code.
C. Transfers shall be reviewed, issued and
subject to appeal in the same manner as
original applications, pursuant to section
6-7-6, except that items 1., 2., and 3. of
subsection B. sha]l not apply, and they
shall be issued for the remaining term of
the permit to be transferred.
Section 6-7-8 Pernmit-~evoca~i~ or suspension.
A. The director shall have the auLhority to
revoke a permit for any one (1) or more of
the following reasnns:
1 . The owner or operator of Lhe permitted
enterprise knowingly allowed a person under
edghteen (18) years of age to enter an
enterprj
2. The permitted enterprise does not conform
to the provisions of section 6-7-10 and
section 6-7-11 of this article;
3. Two (2) or more cumulative violations of
any of the offenses contained in Chapter
21, CbapLer 43, Section 22.011, or Section
22.021 of the Texas Penal Code or two (2)
or more violations of Lhe provisions
contained in this article have occurred on
the premises of the permitted
TMFINAL82487 21
enterprise. These violations must have
occurred in a consecutive period of
twenty-four (24) months, and the owner or
operator must have knowingly allowed such
violations to occur nr did not make a
reasonable effort tu prevent the occurrence
of such violations;
4. The operator of the permitted enterprise
gave fraudulent or materially false, or
untruthful ~nformation on the original ,
renewal or transfer application form;
5. The enterprise has been closed for business
for a period of thirty (30) consecutjve
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
circumstances, to reopen the establishment;
O. That there was a change of owner or
operator for which a transfer application
was not timely filed pursuant to section
6-7-7 of this article; or
7. That tbe permit sbonld not have been issued
pursuant to the criteria of section 6-7-6
of this article.
B. Prior to revocation of a permit, the
director shall investigate the grounds
alleged to determine whether probable cause
for revocation may exist and, if so, shall
notify the owner(s) and operator in writing
of reasons for the proposed revocation and
grant such owner(s) and operator the
opportunity to appear before a hearing
official to be designated by the director
at a time and place specified within such
notice . The hearing official designated
shall not have participated in any
investigation of the all eged grounds for
the revocation. Such hearing shall be held
not less than fifteen (15) days after the
notice is given . Hearings shall be
conducted under ru]es issued by the
director. Such rules shall be consistent
with the nature of the proceedings and
shall ensure that each party may present
evideuce, cross-examine witnesses sad be
represented by legal counsel. If after the
TMFINAL82487 22
hearing, the hearing official finds that
the permit should be revoked, he shall
issue a written order revoking such permit
which shall be effective on the third day
after notice thereof is given to the
operator . If the hearSng officer
determines, based npon the nature of the
violation, that the ends of justice would
be served by a suspension in lieu of a
revocation , he may suspend the operat~ on of
the permit for a period of time to be
stated in the order of suspension, not to
exceed two (2) months; however, a
suspension may not be ordered if the
grounds are based upon item (6) or (7) of
subsection (a), above, 5n which case such
permit shall be revoked.
C. The owner(s) or operator shall have the
right to appeal an order of the hearing
official revoking a permit to the city
council in accordance with the procedure
set forth in section 6-7-6 by delivering
notice of appeal to the city secretary
within fSfteen (15) days after notice is
given to the owner(s) and operator of the
order. TIle filing of an appeal of a
revocation to the city council shall not
have the effect of superseding or
suspending the order of the director' .
Orders suspending permits shall not be
subject to any appeal.
D. An enterprise shall be treated as having a
permit for purposes of measurements under
section 6-7-6 B 2. of this Code, pending
the date for filing an appeal of a permit
revocation, and if all appeal is filed,
pending tile disposition of the appeal by
the city council. An establishment holding
a suspended permit shall be treated as
having a permit for the purpose of
measurements made under section 6-7-6 B 2.
Section 6-7-9 Other permit ~rovisio~s.
A. A permit. is valid only at the location for
which it is issued.
B. It shall be unlawful for any person to
counterfeit, forge, change, deface, or
alter a permit.
TMFINAL82487 23
C. A permit may be canceled upon written
request of the owner(s) or operator and
surrender of the permit itself to the
director. Permits shall be surrendered at
the same place and at the same time as
permit applications as provided in section
6-7-4 of th~s Code. The surrender of a
permit shall be effective upon its filing
in the office of the Director.
Section 6-7-10 Exterior portions of regulated establishments.
A. It shall ~e unlawful for an owner or
operator of a regulated establishment to
allow the merchandise or activities of the
regulated establishment to be visible from
any point outside such regulated
establishment.
B. It shall be unlawful for the owner or
operator of a regulated establishment to
allow the exterior portions of the
regulated establishment to have flashiug
lights, or any words, Jettering,
photographs, silhouettes, drawings, or
pictorial representations of any manner
except to the extent permitted by the
provisions of this article.
C. It sha] 1 be unlawful for the owner or
operator of a regulated establishment to
allow exterior portions of the regulated
establishment to be painted any color other
than a s~ng]e achromatic co]or. Th~s
provision sha]l not apply to any regulated
establishment if the following conditions
are met:
1. The regulated establishment is a part of a
commercial multi-unit ceuter; and
2. The exterior portions of each individual
unit in the commercial multi-unit center,
includiug the exterior portions of the
regulated establishment, are painted the
same co]or as one another or are painted in
such a way so as to be a component of the
overall architectural style or pattern of
the commercial multi-unit center.
D. Nothing in this article shall be construed
to require the painting of an otherwise
unpainted exterior portiou of a regu]ated
establjshment.
TMFINAL82487 24
Section 6-7-11 Sigmage.
A. Notwithstanding the Sign Ordinance of the
City of Coppell or any other city
ordi.ance, code, or regulation to the
contrary, it shall be unlawful for the
owner or operator of any regulated
establishment or any otl~er person to erect,
construct, or maintain any sign for the
regulated establishment other than one (1)
primary sjgn and one (1) secondary sign, as
provided hereln.
B. Primary signs shall have no more than two
(2) djsp]ay surfaces. Each such djsplay
surface shal]:
1. Not contain any flashing lights;
2. Be a fiat plane, rectangular in shape;
C. Primary signs shall contaj n no photographs ,
silhouettes, drawings or pictorial
representations of any manner, and may
contain only:
] . The name of the reguJated establishment;
and/of
2. One (1) or more of the fOllOWlag phrases:
a. "Adult bookstore."
b. "Adult movie theatre."
c . "Adult encounter parlor.
d. "Adult cabaret."
e. "Adult lounge."
f. "Adult noveltSes."
g. "Adult entertainment."
t~. "Adult modeling studio."
TMFINAL82487 25
3. Primary signs for adult movie theatres may
contain the additional phrase, "Movie
Titles Posted on Premises."
D. Each letter forming a word on a primary
sign shall be of a solid color, and each
such ]etter shall be the same print-type,
size and color. The background behind such
lettering on the display surface of a
primary sign sha] 1 be of a uniform aud
solid co]or.
E. Secondary signs shall have only one (1)
display surface. Such display surface
shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed twelve (12) square feet in area;
3. Not exceed four (4) feet in height and
three (3) in width; and
4. Be affixed or attached to any wall or door
of the establishment.
F. The provisions of item 1. of subsection B.
and subsections C. and E. shall also
apply to secondary signs.
Section 6-7-12 Persons ~ounger than eighteen prohibited from
entry; attendant required.
A. It shall be unlawful to allow a person who
is younger than eighteen (18) years of age
to enter or be on the premises of a
regu]ated establishment at any time.
B. It shall be the duty of the operator of
each regulated establishment to ensure that
an al. tendant is stationed at each public
eutrance to the regulated establishment at
all times during such regulated
estab] ishment's regular business hours. It
shall be the duty of the attendant to not
allow any persnn under the age of eighteen
(18) years to enter the regulated
establishment. It shall be presumed that an
TMFINAL82487 26
attendant knew a person was under the age
of eighteen (18) unless such attendant
asked for and was furnished:
, ~ r's,
1 . A valid operator's commercial ¢perato
or chauffeur's driver's license reflecting
that such person is eighteen (18) years of
age or older; or
2. A valid personal jdentSfication certificate
issued by the Texas Department of Public
Safety refJecting that such person is
eighteen (18) years of age or older.
Section 6-7-13 l~otices.
A. Any notice required or permitted to be
given by the director or a~ny other city
office, division, department or other
agency under this article to any applicant,
operator or owner of an enterprise may be
given either by personal delivery or by
certified United States mail, postage
prepaid, return receapt requested,
addressed to the most recent address as
specified in the application for the
permit , or transfer app]ication which has
been received by the director, or any
notice of address change which has been
received by the director. Notices mailed as
above shall be deemed given upon their
deposit in the United States mail. In the
event that any notice given by mail is
returned by the postal service, the
director shall cause it to be posted at the
prSncipal entrance to the establishment.
B. Any notice required or permitted to be
given to the director by any person under
this article shall not be deemed given
until and unless it is received in the
office of the director or his designee at
the time(s) and in the manner provided for
filing of applications in section 6-7-4(a)
of this Code.
C. It shall be the duty of each owner who is
designated on the permit application and
each operator to furnish ~otice to the
director jr, writing of any change of
residence or mailin8 address.
TMFINAL82487 27
Section 6-7-14 ~en~er
The use herein of (i) the singular number shall
be deemed to mean the plural; (ii) the masculine
gender shall be deemed to mean the feminine or
neuter; (iii) the neuter gender shall be deemed
to mean the masculine or feminine whenever the
sense of this Article so requires.
Section 6-7-15 Authority to file suit.
The city attorney is hereby authorized to file
suit to enjoin the violation of this article.
SECTION 2. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in
conflict with the provisions of this ordinance are hereby
repealed.
SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision
of this ordinance shall be adjudged in val~ d or held
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or part or provision thereof, other than the
part so decided to be invalid or unconstitutional.
SECTION 4. PENALTY CLAUSE
Any person, f~rm or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a
misdemeanor and, upon conviction, shall be punished by a penalty
of fine not to exceed the sum of Two Hundred Dollars ($200.00) for
each offense, and each and every day such offense is continued
shall constitute a new and separate offense.
SECTION 5. UFFECTIV~ DATE
This ordinance shall take effect immediately from and after
publication of its caption, as the law in such cases provides.
TMFINAL82487 28
DIMLY PASSED by the City Council of the City of Coppell this
the //~ _ day of ~%~_ 1987.
APPROVED