The City of Terrell, Texas

Welcome
City Council
Directory
Map
City Profile
Lifestyle
Area Links

Departments
 Administration
 Airport

 City Secretary
 Engineering
 Fire Dept.
 Human Resources
 Housing
 Library
 Municipal Court
 Municipal 
    Development
 Police Dept.
 Public Works
 Utilities

Home Button Home
 
 
 
 
 
 

Minutes 

CITY COUNCIL MEETING

JUNE 6, 2000

5:30 P.M.


A regular meeting of the Terrell City Council was held on Tuesday, June 6, 2000 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Councilmember James Huffman gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF MAY 16, 2000

Councilmember James Huffman discussed the recording of the Council vote on agenda items. "Action taken are shown as "Ayes - all- Nayes - none." According to the Charter, the Mayor has the right to vote on all items but votes last. There is no requirement for the Mayor to vote. A clarification is needed as to the meaning of the statement "Ayes - all - five" - Councilmembers or not. Mayor Henry Madgwick responded in the future he would announce his vote last. Generally Ayes - all is intended to mean all five have voted.

Councilmember Frances Anderson commented on a spelling error on page 6 changing "sale" to "sell".

Councilmember James Huffman made a motion to approved the minutes of the City Council Regular Meeting Minutes of May 16, 2000 with corrections. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. "THINK CHILD SAFETY" PRESENTATION

City Manager Gordon Pierce and Sherri Shannon presented to Council "Think Child Safety" Presentation. Mayor Pro tem Lee Schaeffer made a motion to support the program. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

5. DISCUSS AND CONSIDER REQUEST FOR FUNDING FROM T.A.R.A. SUMMER PROGRAM

Mike Smith, President of T.A.R.A. presented to Council for discussion and consideration request funding for T.A.R.A.'s Summer Morning Program. T.A.R.A. missed its United Way funding filing. The amount requested includes transportation. Mayor Henry Madgwick commented on the cost of the program. In previous years the program was operating on $5,000 from United Way. Mike Smith told the Council there is a lack of volunteers because the program operates from 8:00 A.M. to 12:00 P.M. and he has to pay people to supervise the kids.

Councilmember James Huffman expressed his concern over the funding, lack of planning and Councilmember involvement in the program.

Councilmember Frances Anderson questioned when the program started.

Councilmember Tommy Spencer commented he is not involved in spending any funds. He set up the program, found people to operate the program; former councilmembers while serving were in charge of the program at that time and they operated the program.

After debate by Council, Councilmember James Huffman made a motion to approve $2,500 originally budgeted for T.A.R.A. upon presentation of proper documentation as to how it was spend. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried. Councilmember Tommy Spencer abstained.

6. DISCUSS AND CONSIDER THE BILL AND MELINDA GATES FOUNDATION GRANT FOR LIBRARIES

Rebecca Sullivan, Library Director, presented to Council for discussion and consideration the Bill and Melinda Gates Foundation Grant for Libraries. Councilmember Lee Schaeffer made a motion to approve the Bill and Melinda Gates Foundation Grant for Libraries. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes -none. Motion carried.

7. REVIEW BIDS AND CONSIDER AWARD OF CONTRACT FOR MOWING

City Manager Gordon Pierce presented to Council for discussion and consideration Award of Contract for Mowing. Councilmember Tommy Spencer made a motion to approve staff recommendation and award contract to Greg Gober - primary and Paul Wiley, secondary. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

8. REVIEW BIDS AND CONSIDER AWARD OF CONTRACT ONWEST END DRAINAGE IMPROVEMENTS, PROJECT NO. 99-05.

Larry Freeman recommended Council table this item to work out easements and engineering issues.

Councilmember James Huffman commented as a Councilmember, he has been mislead on the project. This is an issue of ethics. This project involves two properties. The project has been tabled on two occasions because a councilmember needed to spend more time dealing with his constituents over the issues. The two properties involved are next of kin to the councilmember. James Huffman understands the City is now being asked to pay for easements on this property and improvements over and beyond what was originally anticipated. James Huffman considers it a conflict of interest on the part of the councilmember from a practical, common sense standpoint. Councilmember James Huffman made a motion to cancel the project. The motion was seconded by Councilmember Lee Schaeffer. Councilmember Tommy Spencer called for discussion of the accusations. Tommy Spencer indicated that his wife and niece own the property. He is not involved in the property. The City wants to take more of their property that is not in the easement. Tommy Spencer called upon Larry Freeman to explain easement requirements. The existing easement on the plat in his opinion was not enough to put the drainage ditch in as designed. Tommy Spencer indicated he would like to know what the ethics problem are with this project and is this a way for the City to get out of the project. Tommy Spencer indicated he is not benefiting from this project. There is a flooding problem in the area. These people have a right to some type of improvement. He had requested the item be tabled until Larry Freeman could show them what they were doing. Councilmember Frances Anderson commented that based on her recent meeting at the North Central Texas Council of Governments, councilmembers should remove themselves from the decisions or participation when relatives are involved. It is against the law. Ayes - all; Councilmember Tommy Spencer abstained.


9. DISCUSS AND CONSIDER ON FIRST READING ORDINANCE NO. 2021 - AMENDMENT TO FISCAL YEAR 1999-2000 BUDGET

City Manager Gordon Pierce presented to Council for discussion and consideration on first reading Ordinance No. 2021 - Amendment to Fiscal year 1999-2000 Budget. Councilmember Frances Anderson made a motion to approve Ordinance No. 2021 - Amendment to Fiscal Year 1999-2000 Budget on first reading. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.


10. DISCUSS AND CONSIDER ON FIRST READING ORDINANCE NO. 2020 - AMENDMENT OF CHAPTER 9, PERSONNEL, SECTION 8. CIVIL SERVICE OF THE REVISED TERRELL CODE OF ORDINANCES

City Manager Gordon Pierce presented to Council for discussion and consideration on first reading Ordinance No. 2020 - Amendment of Chapter 9, Personnel, Section 8. Civil Service of the Revised Terrell Code of Ordinances. Councilmember James Huffman made a motion to approve Ordinance No. 2020 - Amendment of Chapter 9, Personnel, Section 8. Civil Service of the Revised Terrell Code of Ordinances. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2020

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, PERSONNEL, SECTION 8.: CIVIL SERVICE; PARAGRAPH (2) COMMISSIONERS OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVING AN EFFECTIVE DATE.


11. DISCUSS AND CONSIDER APPOINTMENT OF CIVIL SERVICE COMMISSIONER

City Manager Gordon Pierce requested tabling this item to discuss and interview applicants. Councilmember Lee Schaeffer made a motion to table Appointment of Civil Service Commissioner. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - None. Motion carried.


12. DISCUSS AND CONSIDER AWARD OF CONTRACT ON CROSS-CONNECTION CONTROL PROGRAM

City Manager Gordon Pierce and Sonny Groessel presented to Council for discussion and consideration Award of Contract on Cross-Connection Control Program. Councilmember James Huffman made a motion to award contract to DMG Maximus not to exceed $22,500. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.


13. DISCUSS AND CONSIDER APPOINTMENTS TO TERRELL HISTORICAL PRESERVATION COMMISSION

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to Terrell Historical Preservation Commission. Councilmember Frances Anderson made a motion to appoint Carol Cruz, Jack Evans, Pam Hawthorne, Peggy Bass Holton, Sherry Hulsey, Richard Stanford and Howard Tygrett to the Terrell Historical Preservation Commission. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

14. DISCUSS AND CONSIDER KAUFMAN COUNTY APPRAISAL DISTRICT BUDGET

City Manager Gordon Pierce presented to Council for discussion and consideration Kaufman County Appraisal District Budget. Councilmember Frances Anderson made a motion to approve the Kaufman County Appraisal District Budget. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.


15. DISCUSS AND CONSIDER CANCELLATION OF CITY COUNCIL MEETING OF JULY 4, 2000

City Manager Gordon Pierce presented to Council for discussion and consideration Cancellation of City Council Meeting of July 4, 2000. Councilmember James Huffman made a motion to cancel the City Council Meeting of July 4, 2000. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

16. HEAR REMARKS FROM VISITORS

Carolyn Spencer spoke to Council regarding the summer program. She wanted to know what the Council suggested the kids do this summer and recommended the City put more money into the kids.

Minnie Presley asked what happened to the petition submitted for improvements to West End.

Councilmember Frances Anderson presented a complaint from Dorothy Duke - 716 S. Medora - regarding highweeds and grass and loitering.

OLD BUSINESS
CONSENT AGENDA

17. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2019 - REVISIONS TO SECTION 14 OF THE TERRELL CODE OF ORDINANCES: SEXUALLY ORIENTED BUSINESSES

City Manager Gordon Pierce presented to Council for discussion and consideration Adoption on Second Reading Ordinance No. 2019 - Revisions to Section 14 of the Terrell Code of Ordinances: Sexually Oriented Businesses. Councilmember Lee Shaeffer made a motion to adopt Ordinance No. 2019 - Revisions to Section 14 of the Terrell Code of Ordinances: Sexually Oriented Businesses on second reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2019


AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 5, SECTION 14: SEXUALLY ORIENTED BUSINESSES OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL TEXAS:

The City of Terrell Sexually Oriented Business Ordinance, set forth in Chapter 5, Section 14, and recorded in the City of Terrell Code of Ordinances, is hereby amended and the following provisions shall be and constitute the City of Terrell Sexually Oriented Business Ordinance:

SECTION 14: SEXUALLY ORIENTED BUSINESSES.

A. PURPOSE AND INTENT.

(1.) It is the purpose of this section to regulate sexually oriented businesses to promote 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 Ordinance 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.

(2.) It is the intent of the City Council of the City of Terrell, Texas, that the location regulations of Subsection M of this Section are promulgated pursuant to Article 2372w, Revised Civil Statutes of Texas, as they apply to nude model studios and sexual encounter centers only.

B. DEFINITIONS.

(1.) 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.

(2.) 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."

(3.) ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial establishment which as one of its principal business purposes 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 photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas;" or

(b) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

(4.) ADULT CABARET means a commercial establishment that regularly features the offering to customers of live entertainment that:

(a) is intended to provide sexual stimulation or sexual gratification to such customers; and

(b) is distinguished by or characterized by an emphasis on matter depicting, simulating, describing, or relating to "specified anatomical areas" or "specified sexual activities"

(5.) ADULT MOTEL means a hotel, motel or similar commercial establishment which:

(a) offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions; films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right way which advertises the availability of this adult type of photographic reproductions;

(b) offers a sleeping room for rent for a period of time that is less than 10 hours; or

(c) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.

(6.) 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."

(7.) 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 anatomical areas" or by "specified sexual activities."

(8.) CHIEF OF POLICE means the Chief of Police of the City of Terrell or his designated agent.

(9.) DAY NURSERY OR KINDERGARTEN SCHOOL has the meaning given that term in the Terrell Zoning Ordinance.

(10.) ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(11.) ESCORT AGENCY means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

(12.) ESTABLISHMENT means and includes any of the following:

(a) the opening or commencement of any sexually oriented business as a new business;

(b) the conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business;

(c) the addition of any sexually oriented business to any other existing sexually oriented business; or

(d) the relocation of any sexually oriented business.

(13.) HISTORIC DISTRICT means an historic overlay zoning district as defined in the Terrell Zoning Ordinance.

(14.) LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

(15.) 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.

(16.) NUDITY or a STATE OF NUDITY means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

(a) 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.

(17.) 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.

(18.) PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(19.) RESIDENTIAL DISTRICT means a single family, duplex, townhouse, or multiple family district as defined in the City of Terrell Code of Ordinances.

(20.) RESIDENTIAL USE means a single family, duplex, multiple family, or mobile home park use as defined in the City of Terrell Code of Ordinances.

(21.) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(a) physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

(22.) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore or adult
video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

(23.) SPECIFIED ANATOMICAL AREAS means:

(a) any of the following, or any combination of the following, when less than completely and opaquely covered;

(i) any human genitals, pubic region, or pubic hair;

(ii) any buttock; or

(iii) any portion of the female breast or breasts that is situated below a point immediately above the top of the areola; or

(b) human male genitals in a discernibly erect state, even if completely and opaquely covered.

(24.) 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.

(25.) SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by business by more than 25 percent, as the floor exists on September 1, 1992.

(26.) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any of the following:

(a) the sale, lease, or sublease of the business;

(b) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

(c) the establishment of a trust, gift, or other similar legal device which 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.

C. CLASSIFICATION

Sexually oriented business are classified as follows:

(1) adult arcades
(2) adult bookstores or adult video stores
(3) adult cabarets
(4) adult motels
(5) adult motion picture theaters
(6) adult theaters
(7) escort agencies
(8) nude model studios
(9) sexual encounter centers.

D. LICENSE REQUIRED

(1.) A person commits an offense if he operates a sexually oriented business without a valid license, issued by the City for the particular type of business.

(2.) An application for a license must be made on a form provided by the Chief of Police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(3.) The applicant must be qualified according to the provisions of this Ordinance and the premises must be in compliance with the law by the building official.

(4.) If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under subsection E and each applicant shall be considered a licensee if a license is granted.

(5.) The fact that a person possesses a valid dance hall license does not exempt the person from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a dance hall license shall comply with the requirements and provisions of this chapter as well as the requirements and provisions of Chapter 5, Section 9 of this code when applicable.


E. ISSUANCE OF LICENSE

(1.) The Chief of Police shall approve the issuance of a license by the city secretary to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

(a) An applicant is under 18 years of age.

(b) An applicant or an applicant's spouse is overdue in his payment to the City of taxes, fees, fines, or penalties asserted against him or imposed upon him in relation to a sexually oriented business.

(c) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.

(d) An applicant or an applicant's spouse has been convicted of a violation of a provision of this Ordinance, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

(e) An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.

(f) The premises to be used for the sexually oriented business have not been approved by the. building official as being in compliance with applicable laws and ordinances.

(g) Any fee required by this Section has not been paid.

(h) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a sexually oriented business premises in a peaceful and law abiding manner.

(i) An applicant or the proposed establishment is in violation of or is not in compliance with any section of this Ordinance.

(j) An applicant or an applicant's spouse has been convicted of or is under indictment or misdemeanor information for a crime.

(A) involving:

(i) any of the following offenses as described in Chapter 43 of the Texas Penal Code:

(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution, or display of harmful material to a minor;
(gg) sexual performance by a child;
(hh) possession of child pornography;

(ii) any of the following offenses as described in Chapter 21 of the Texas Penal Code.

(aa) public lewdness
(bb) indecent exposure
(cc) indecency with a child;

(iii) engaging in organized criminal activity as described in Chapter 71 of the Texas Penal Code;

(iv) sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;

(v) incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code.

(vi) kidnapping or aggravated kidnapping as described in Chapter 20 of the Texas Penal Code;

(vii) robbery or aggravated robbery as described in Chapter 29 of the Texas Penal Code;

(viii) a bribery or retaliation as described in Chapter 36 of the Texas Penal Code;

(ix) a violation of the Texas Controlled Substances Act or Dangerous Drugs Act punishable as a felony, Class A misdemeanor, or Class B misdemeanor; or

(x) criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;

(B) for which:

(i) less than two years have elapsed since the date of conviction of the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(ii) less than five years have elapsed since the date of conviction of the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offense or combination of misdemeanor offenses occurring within any 24 month period.

(2.) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.

(3.) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (1)(j), for which the, required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a sexually oriented business license only if the Chief of Police determines that the applicant or applicant's spouse is presently fit to operate a sexually oriented business. In determining present fitness under this section, the Chief of Police shall consider the following factors concerning the applicant or applicant's spouse, whichever had the criminal conviction:

(a) the extent and nature of his past criminal activity;

(b) his age at the time of the commission of the crime;

(c) the amount of time that has elapsed since his last criminal activity;

(d) his conduct and work activity prior to and following the criminal activity;

(e) evidence of his rehabilitation or rehabilitative effort while incarcerated or following release; and

(f) other evidence of his present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for him; the sheriff or chief of police in the community where he resides; and any other persons in contact with him.

(4.) It is the responsibility of the applicant, to the extent possible, to secure and provide to the Chief of Police the evidence requited to determine present fitness under Subsection (c) of this section.

(5.) The chief of police, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The chief of police's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this section and obtained possession of the license.

(6.) 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 any time.

F. FEES

(1.) The annual fee for a sexually oriented business license is provided for in the fee schedule found in the appendix of this code.

(2.) In addition to the fees required by subsection (1), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee of $700 for the city to conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions.

(3.) If an applicant is required by this code to also obtain a dance hall license for the business at a single location, payment of the fee for the sexually oriented business license exempts the applicant from payment of the fees for the dance hall license.

G. INSPECTION

(1.) An applicant or licensee shall permit representatives of the police department, fire department, and building official to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.

(2.) A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.

(3.) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.


H. EXPIRATION OF LICENSE

(1.) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in subsection E. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license shall not be affected.

(2.) When the Chief of Police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Chief of Police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.

I. SUSPENSION

The Chief of Police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a license has:

(1) violated or is not in compliance with any section of this Ordinance;

(2) engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;

(3) refused to allow an inspection of the sexually oriented business premiss as authorized by this Ordinance;

(4) knowingly permitted gambling by any person on the .sexually oriented business premises;

(5) demonstrated inability to operate or manage a sexually oriented business in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.

J. REVOCATION

(1.) The Chief of Police shall revoke a license if a cause of suspension in subsection I occurs and the License has been suspended within the preceding 12 months.

(2.) The Chief of Police shall revoke a license if he determines that:

(a) a licensee gave false or misleading information in the material submitted to the Chief of Police during the application. process;

(b) a licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;

(c) a licensee or an employee has knowingly allowed prostitution on the premises;

(d) a licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(e) a licensee has been convicted of an offense listed in Section E(1)(j)(A) for which the time period required in subsection E(1)(j)(B) has not elapsed;

(f) on two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section (1)(j)(A), for which a conviction has been obtained, and the person or persons where employees of the sexually oriented business at the time the. offenses were committed;

(g) a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term "Sexual contact" shall have the same meaning as it is defined in Section 21.01, Texas Penal Code; or

(h) a licensee is delinquent in payment to the City for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business.

(3.) The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(4.) Subsection (2)(g) does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.

(5.) When the Chief of Police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (2)(e), an applicant may not be granted another license until the appropriate number of years required under subsection E(1)(j)(B) has elapsed since the termination of any sentence, parole, or probation.

K. APPEAL

If the Chief of Police denies the issuance of a license, or suspends or revokes a license, he shall send to the applicant, or licensee, by certified mail, return receipt requested,, written notice of his action and the right to an appeal. The aggrieved party may appeal the decision of the Chief of Police to the City Council in accordance with subsection K of this ordinance. The filing of an appeal stays the action of the Chief of Police in suspending or revoking a license until the City Council makes a final decision. If within a 10 day period the Chief of Police suspends, revokes, or denies issuance of a dance hall license or public house of amusement license for the same location involved in the Chief's actions on the sexually oriented business license, then the chief may consolidate the requests for appeals of those actions into one appeal.

L. TRANSFER OF LICENSE

A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

M. LOCATION OF SEXUALLY ORIENTED BUSINESS

(1.) A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,500 feet of:
(a) a church;
(b) a public or private elementary or secondary school;
(c) a boundary of a residential district or historic district;
(d) a public park;
(e) the property line of a lot devoted to residential use
(f) a hospital; or
(g) a nursery or kindergarten school

(2.)A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,500 feet of another sexually oriented business.

(3.) A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business 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.

(4.) For the purposes of subsection (1), 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, public park, residential district or historic district, residential lot, hospital, or nursery or kindergarten school.

(5.) For purposes of subsection (2) of this section, the distance between any two sexually oriented businesses shall be structures or objects from the closest exterior wall of the structure in which each business is located.

(6.) Any sexually oriented business lawfully operating on September 1, 1992, that is in violation of subsections (1) , (2) , or (3) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses 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 1,500 feet of one another and otherwise in a permissible 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 is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, historic district, hospital, nursery or kindergarten school, or residential lot within 1,500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.

N. EXEMPTION FROM LOCATION RESTRICTIONS

(1.) If the Chief of Police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of subsection M of this section, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the City Secretary written request for an exemption from the locational restrictions of subsection M.

(2.) If the written request is filed with the City Secretary within the 10 day limit, the City Council shall consider the request. The City Secretary shall set a date for the hearing within 60 days from the date the written request is received.

(3.) A hearing by the City Council may proceed if a quorum is present. The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.

(4.) The City Council may, in its discretion, grant an exemption from the locational restrictions of subsection M if it makes the following findings:

(a) That the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;

(b) That the granting of the exemption will not violate the spirit and intent of this Ordinance;

(c) That the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;

(d) That the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and

(e) That all other applicable provisions of this Ordinance will be observed.

(5.) The City Council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the City Council is final.

(6.) If the City Council grants the exemption, the exemption is valid for one year from the date of the City Council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of subsection M until the applicant applies for and receives another exemption.

(7.) If the City Council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the City Council's action.

(8.) The grant of an exemption does not exempt the applicant from any other provisions of this Ordinance other than the locational restrictions of subsection M.

O. SIGN REQUIREMENTS

(1.) Notwithstanding any provision of the City of Terrell Code of Ordinances or any other city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any sign for the establishment other than one primary sign and one secondary sign, as provided in this section.

(2.) A primary sign or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations of any manner, and may contain only:

(a) the name of the establishment; and/or

(b) one or more of the following phrases:
(i) "Adult arcade"
(ii) "Adult bookstore or adult video store"
(iii) "Adult cabaret"
(iv) "Adult motel"
(v) "Adult motion picture theater"
(vi) "Adult theater"
(vii) "Escort agency"
(viii) "Nude model studio"
(ix) "Sexual encounter center"

(3.) A primary sign for an adult motion picture theater may contain the phrase, "Movie Titles Posted on Premises," in addition to the phrases listed in above subsection.

P. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES

(1.) An escort agency shall not employ any person under the age of 18 years.

(2.) A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.

Q. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS

(1.) A nude model studio shall not employ any person under the age of 18 years.

(2.) A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.

(3.) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.

(4.) A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(5.) A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises that can be viewed from the public right-of-way.

(6.) An employee of a nude model studio, while exposing any specified anatomical areas, commits an offense if the employee touches a customer or the clothing of a customer.

(7.) A customer at a nude model studio commits an offense if he touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.

(8.) A licensee or an employee of a nude model studio commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area excluding a restroom.


R. ADDITIONAL REGULATIONS FOR ADULT CABARETS

(1.) An employee of an adult cabaret, while exposing any specified anatomical areas, commits an offense if the employee touches a customer or the clothing of a customer.

(2.) A customer of an adult cabaret commits an offense if he touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.

(3.) A licensee or an employee of an adult cabaret commits an offense if he permits any customer access to an area of the premises not visible from the manager's station or not visible by a walk through of the premises without entering a closed area, excluding a restroom.

S. ADDITIONAL REGULATIONS FOR ADULT THEATERS AND MOTION PICTURE THEATERS.

(1.) A person commits an offense if he knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

(2.) A person under the age of 18 years commits an offense if he knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.

(3.) It is a defense to prosecution under Subsections (1) and (2) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.


T. ADDITIONAL REGULATIONS FOR ADULT MOTELS

(1.) Evidence that a sleeping room in a hotel, motel, or similar commercial 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.) A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, he rents or sub-rents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or sub-rents the same sleeping room again.

(3.) For purposes of subsection (2) of this section, the terms "rent" or sub-rent" mean the act of permitting a room to be occupied for any form of consideration.

U. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS

(1.) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

(a) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously 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 some designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Chief of Police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not ben altered since it was prepared.

(b) The application shall be sworn to be true and correct by the applicant.

(c) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Chief of Police or his designee.

(d) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.

(e) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

(f) It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section.

(g) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle, as measured at the floor level.

(h) It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

(A) A person having a duty under subsections (a) through (h) of subsection (1) above commits an offense if he knowingly fails to fulfill that duty.

V. DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS

(1.) A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:

(a) human sexual intercourse, masturbation, or sodomy;

(b) fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;

(c) less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areolae; or

(d) human male genitals in a discernibly turgid state, whether covered or uncovered.

(2.) In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment;

(a) It is available to the general public for handling and inspection; or

(b) the cover or outside packaging on the item is visible to members of the general public.

W. ENFORCEMENT

(1.) Except as provided by subsection (2), any person violating subsection M, upon conviction, is punishable by a fine not to exceed $500.00.

(2.) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of subsection D or M of this Ordinance is punishable as a Class B. misdemeanor.

(3.) Except as provided by Subsection (2), any person violating a provision of this section other than Section M, upon conviction, is punishable by a fine not to exceed $500.00.

(4.) It is a defense to prosecution under subsection D, M or Q 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 taxation;

(b) by a private college or university which maintains and ' operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(c) in a structure;

(A) which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

(B) where in order to participate in a class a student must enroll at least three days in advance of the class; and

(C) where no more than one nude model is on the premises at any one time.

(5.) It is a defense to prosecution under Section M OR Section N that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artist, political, or scientific value.

X. INJUNCTION

A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of subsection M of the section is subject to a suit for injunction as well as prosecution for criminal violations.

Y. AMENDMENT OF THIS SECTION

Subsections M and N of this section may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this section may be amended by vote of the City Council.

Approved on first reading this the 16th day of May, 2000.
Adopted on second reading this the 6th day of June, 2000.

18. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

City Manager Gordon Pierce presented to Council Reports and Correspondence:

a) Memorandum Regarding Commendation


b) Agenda Follow-Up Action plan - May 16, 2000

19. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551.072, ACQUISITION OF PROPERTY


20. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION , IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION

There was no action taken in executive session.

21. ADJOURN

There were no other matters discussed or acted on at this meeting. There being no further business the meeting was adjourned.


____________________________________
HENRY MADGWICK, MAYOR

ATTEST:


_________________________________________
JOHN ROUNSAVALL, CITY SECRETARY




City of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 


Copyright  1999, 2000, 2001
City of Terrell

All rights reserved


This page designed and maintained by 
Word Works

Please report any problems
to Word Works