Article 2. Sexually Oriented Businesses

5.200 Regulations Affecting All Sexually Oriented Businesses

  1. Purpose and Intent
    The following are provided as guidelines for the construction, interpretation and enforcement of this Article:
    1. It is the purpose and intent of this Article to regulate sexually oriented business establishments so as to protect and promote the health, safety, and general welfare of the citizens of the City and visitors thereto, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the City.
    2. This Article intends a balance of the right of the citizens of the City to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States and U. S. Supreme Court rulings pursuant thereto.
    3. This Article is also intended to deter property uses and activities conducted thereon which, directly or indirectly, cause or would cause adverse effects on the stability of the immediate neighborhood surrounding the sexually oriented business.
    4. This Article has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.
    5. Similarly, it is not the purpose or intent of this Article to restrict or deny lawful access by adults to sexually oriented materials nor to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.
    6. Similarly, it is not the purpose or intent of this Article to impose judgment on the content or merits of any Constitutionally protected form of speech or expression.
    7. It is the purpose of this Article to generally charge operators of sexually oriented businesses to comply with a policy of "keep it indoors and under control" and to hold all operators first line answerability, directly or indirectly, for all uses of the premises and activities conducted thereon.

5.201 Classifications

Sexually Oriented Businesses 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. Escort Agencies;
  7. Adult model studios; and
  8. Sexual encounter centers

5.202 Prohibited Locations of Any Type of Sexually Oriented Business

  1. An person, including an operator of a sexually oriented business, commits an offense if he/she operates or permits the operation, or establishment of a sexually oriented business in a zoning district that does not expressly permit that type of use in said zoning district.
  2. In addition to being located in a proper zoning district, a person, including an operator, commits an offense if he/she causes or permits the operation or establishment of a sexually oriented business in or within 1,000 feet of an existing:
    1. religious institution;
    2. school;
    3. public park;
    4. residential district;
      • The Downtown Tourism Area (generally illustrated in Appendix B, Exhibit B.3);
      • The Cultural District (generally illustrated in Appendix B, Exhibit B.7);
      • The Fort Worth Stockyards National Register Historic District (generally illustrated in Appendix B, Exhibit B.5);
      • Other sexually oriented business within the city limits not located on I-30 or I-35;or
      • Areas that currently are, or within the last ten years were, designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts.
  3. In addition to being located in the proper zoning district, a person, including an operator, commits an offense if he/she causes or permits the operation or establishment of a sexually oriented business in or within 1,500 feet of an existing sexually oriented business located within the city limits on I-30 or I-35.
  4. For the purpose of Paragraph 2 and 3 above, measurement of the distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing religious institution, school or sexually oriented business, or from the boundary line of a public park, residential district, designated historical/cultural district, or areas currently or within the last ten years were designated as neighborhood empowerment zones, tax increment finance districts and public improvement districts to the nearest property line of the property sought to be used as a sexually oriented business.  If the establishment is located within a structure with multiple spaces available for occupancy, the measurement will be from the closest wall of the tenant space occupied by the Sexually Oriented Business.
  5. Also for the purposes of Paragraph 2 above, measurement of the 1,000 foot distance shall also include religious institutions, schools, public parks, residential districts, or other sexually oriented businesses which are located in an adjacent city, township or rural land area and which are within the 1,000 foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the City of Fort Worth.
  6. A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this section shall be submitted to the Development Director as part of the application for the Specialized Certificate of Occupancy.  Any Specialized Certificate of Occupancy issued for a building or facility used to conduct a sexually oriented business without submission of the required survey shall be null and void.
  7. A person commits a violation if he/she causes or permits the establishment or operation of more than one sexually oriented business on the same property, in the same building or structure, or any portion thereof.
  8. A sexually oriented business lawfully operating as a conforming use after December 21, 1993 is not rendered a nonconforming use by the subsequent location of a religious institution, school, public park, residential district, or designated historical/cultural district within 1,000 feet of the sexually oriented business.
  9. A sexually oriented business lawfully operating as a conforming use prior to September 27, 2004 is not rendered a nonconforming use by the change in zoning districts that expressly permits sexually oriented business in said zoning district or by the increase in distance to 1,500 feet on I-35 or I-30.  Such businesses shall be allowed to remodel and repair their current operations so long as the size of the building is not expanded and the remodel and repair occurs within the same footprint of the building at the time of adoption of this ordinance.  All repairs and remodeling must be in compliance with the current city codes.

5.203 Specialized Certificate of Occupancy

  1. Specialized Certificate of Occupancy Required
    • A person commits an offense if he/she establishes, operates or continues to operate a sexually oriented business without a valid Specialized Certificate of Occupancy expressly allowing the particular type of business issued by the City of Fort Worth for the particular type of business and activity to be conducted on the premises.
    • The fact that a person possesses other types of state or city permits does not exempt him/her from the requirement of obtaining and thereafter maintaining a valid Specialized Certificate of Occupancy.  A person who operates a sexually oriented business and possesses other state or city permits shall comply with the requirements and provisions of this Article as well as the requirements and provisions of the other applicable permits.
    • A person shall not cause the establishment, operation or other continuation of a sexually oriented business establishment under any other for of Certificate of Occupancy, such as a "lounge", "nightclub", "bar", "tanning salon", etc., that does not also expressly provide for the sexually oriented business and activity also conducted on the premises.
  2. Application for Specialized Certificate of Occupancy.
    1. Any person association, firm, partnership or corporation or other entity desiring to obtain a Specialized Certificate of Occupancy for a sexually oriented business shall make application on a form(s) provided by the City's Planning and Development Department.  The applicant shall also furnish any and all necessary supporting documents as required by the application.
    2. Only a person who is an officer of or who has at least a twenty (20) percent ownership interest in a sexually oriented business may apply for a Specialized Certificate of Occupancy for the business.  Each applicant must be qualified according to the provisions of this section and shall be considered an operator if a Specialized Certificate of Occupancy is granted.
    3. If an applicant is an individual, he/she must sign the application form as "applicant."
    4. If the applicant is other than an individual, each person or entity who is an officer of the business or has a twenty (20) percent or greater investment or ownership interest in the business entity must sign the application as an "applicant".  An application on behalf of a corporation or partnership must provide sufficient documentation with the application to identify all corporate shareholders and directors or partners who have a twenty (20) percent or greater ownership interest.
    5. If the enterprise is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments must be submitted.
    6. If the enterprise is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, along with all amendment must be submitted.
    7. If the enterprise is a limited partnership formed under the laws of Texas, the applicant must submit a certified copy of the certificate of limited partnership, together with all amendments filed in the Office of the Secretary of State of Texas.  If the partnership is a foreign limited partnership, the applicant must submit the certificate of limited partnership and the qualification documents along with all amendments filed in the Office of the Secretary of State of Texas.
    8. Proof of the current fee ownership of the tract of land on which the enterprise is to be situated in the form of a copy of the recorded deed or binding lease for the premises on which the business would be operated.
    9. In addition to identifying those person required to sign an application under this subsection, the application must identify all parent and sexually oriented related corporations or entities of any person who will own or operate the sexually oriented business and include the names of the officers of each parent or related corporation or entity.
    10. Subsequent corporate sales, mergers, changes in shareholders or changes in partners shall be registered with the Planning and Development Department immediately upon completion of the documentation evidencing the transaction.  All subsequent shareholders and directors or partners must be identified and shall e subject to qualification and compliance with the requirements for obtaining the Specialized Certificate of Occupancy.
    11. The application must be accompanied by:
      A sketch or diagram drawn to scale of the floor plan(s).  A professionally prepared sketch or diagram in the nature of an engineer or architect's blueprint is recommended but shall not be required.  Each sketch or diagram shall be oriented to the north or to some designated street or landmark.  Each sketch or diagram shall be drawn to a designated scale or with marked dimensions sufficient to show the various dimensions of all areas, walls, doors, windows, or other material aspects of the premises.  Each sketch or diagram shall include at least the following:
      1. The internal and external configuration of the premises, including a statement of total floor space occupied by the structure;
      2. A statement fully describing the external signage to be displayed on the premises, as well as signage intended to be displayed elsewhere in the City to advertise the business;
      3. The location of one or more manager's stations or office;
      4. The location of all electrical wiring and fixtures, including but not limited to lighting fixtures, sound systems, special effects equipment, video display equipment, video surveillance systems, etc.;
      5. Designation of any portion of the premises in which customers will not be permitted or in which sexually oriented business activities will not be conducted;
      6. A plan or description of the safety and security measures for the inside and outside of the premises, its customers and employees; and
      7. A designation of the place(s) at which the Specialized Certificate of Occupancy, a copy of the floor plan(s), and other necessary permits, licenses and signage will be conspicuously posted.
      8. The Director of the Planning and Development Department may waive the foregoing sketch or diagram requirements only for renewal applications if the applicant expressly adopts by reference a floor plan that was previously approved and certifies that the configuration of the premises has not been altered or enlarged since it was approved.

        All new applications shall include a certified survey map prepared by a licensed surveyor or licensed engineer which shows the required minimum distances from properties with protected uses or protected zoning.
    12. A nonrefundable application fee shall accompany all applications.  An application shall not be considered filed until all applicable fees are paid and all information required by the application form has been submitted.
    13. A copy of all applications and supporting documentation for Specialized Certificates of Occupancy shall be maintained in the Planning and Development Department.
    14. The operator of a sexually oriented business shall permit and cooperate with the appropriate City enforcement personnel to lawfully inspect the entire premises as well as all activity being conducted therein.
    15. Each applicant shall sign a waiver and authorization form authorizing the chief to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.
    16. Each statement shall contain the following statements signed by applicant:
      • I represent that I have personal knowledge of all statements made and information given in this application and that the information is true and correct;
      • If required by law, that an outdoor sign was posted in conformance with this Article and state law not later than the 60th day before the date the application was filed; and
      • The applicant has read the provisions of this Article.
  3.  Issuance of Original Specialized Certificate of Occupancy
    1. The Planning and Development Department shall approve the issuance of a Specialized Certificate of Occupancy to an applicant within 30 working days after all conditions required for the application have been satisfied.
    2. When issued, the Certificate shall state on its face:
      • The full name, address and telephone number of the person(s) ("the operator") to whom it is granted;
      • The name, address and telephone number of the establishment;
      • A description of specifically what type of sexually oriented business operation has been approved to be conducted on the premises; and
      • The expiration date.
    3. When issued, the Specialized Certificate of Occupancy shall remain the sole property of the City and shall be valid only as to the operator and location for which it was originally issued and shall not be sold, loaned or otherwise transferred to any other person, subsequent operator of the business or to another location unless the sale, loan or transfer complies with the provisions of this Article.
    4. The Specialized Certificate of Occupancy as well as a copy of the currently approved floor plan shall be continually displayed in a conspicuous place within the establishment so that it is visible to the public at all times and may be easily read.
    5. It shall be an offense for any person to counterfeit, forge, change, deface or alter a Specialized Certificate of Occupancy.
    6. No increase of the floor area or modification in the internal structural configuration of a sexually oriented business shall be made beyond the area or configuration as shown in the floor plan as approved with the issuance of the Specialized Certificate of Occupancy unless an amended Specialized Certificate of Occupancy is issued by the Planning and Development Department per subsection D.
  4. Issuance of Amended or Modified Certificates of Occupancy
    1. In the event a lawfully operating sexually oriented business desires to modify its operations by varying the type of entertainment or activity provided to another type which is not authorized in the operator's current Specialized Certificate of Occupancy, the operator shall notify the Planning and Development Department in writing 30 days in advance, apply for and acquire prior written approval for the modification, up to and including an amended or modified Specialized Certificate of Occupancy, if necessary.  The Planning and Development Department's approval or denial shall be made within 30 days of receipt of said written request from the operator.
    2. A non-refundable processing fee equal to one-half of the original application fee shall be required for obtaining an amended or modified Certificate.  The amended or modified Certificate shall expire on the same date as the original Certificate.
  5. Expiration and Renewal of a Specialized Certificate of Occupancy
    1. Each Specialized Certificate of Occupancy shall 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 Specialized Certificate of Occupancy shall be subject to renewal as of its expiration date by the filing of a renewal application with the Planning and Development Director.
    2. The operator holding a Specialized Certificate of Occupancy issued under this Section may renew the Certificate rather than reapply for an original Certificate if, not later than 30 days prior to the expiration of the Certificate, the operator files and receives approval of a renewal application.
    3. Application for renewal shall be made to the Planning and Development Department on the form(s) prescribed and accompanied with payment of the nonrefundable processing fee equal to one-half of the original application fee.  All applications for renewal shall meet the same requirements as set for an original application.
    4. A violation of a City ordinance or State law that would constitute the basis for the denial, suspension or revocation of a Certificate that occurs before the filing of a renewal application shall be considered as the basis for the denial of the renewal application.
    5. If the Planning and Development Department denies an application for renewal, the operator may appeal the decision to the Board of Adjustment as provided in Paragraph H hereafter.  Any action by the Planning and Development Director is stayed pending the decision of the Board of Adjustment and if applicable, any appeal of the Board's decision.
  6. Denial of Application for a Specialized Certificate of Occupancy
    1. The Planning and Development Department shall deny issuance of the Certificate if one or more of the following are found to be true:
      • The location of the establishment would be in violation of the applicable zoning district classification for the intended property use.
      • The location would be in violation of the distance regulation as set forth in Section 5.202.
      • The application fees have not been paid.
      • An applicant has failed to make full disclosure or supply all of the information requested on the application.
      • An applicant has failed to provide information reasonably necessary for the issuance of the Specialized Certificate of Occupancy or had provided false, fraudulent or untruthful information on the application, or is attempting to acquire the Certificate under false pretenses.
      • The configuration and layout of the proposed premises would be in violation of the applicable provisions regarding accessibility, visibility and inspection as set forth in this Article.
      • The structure, configuration and layout of the premises would be in violation of, or are not in compliance with, all other applicable City ordinances, including Fire Code and Building Codes.
      • An applicant has not demonstrated lawful ownership of the premises; or does not hold a binding lease for the premises upon which the business would be operated, or has not demonstrated a legally enforceable right to acquire the same.
      • An applicant is under 18 years of age.
      • An applicant is under 21 years of age and the sale or serving of alcoholic beverages would be an aspect of the business.
      • If the location of the proposed sexually oriented business is within a building, structure or portion thereof contains another sexually oriented business.
      • An applicant or an applicant's spouse is overdue in payment to the city in taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business and has not paid the taxes, fees, or penalties after submission of the application and before the issuance of the Specialized Certificate of Occupancy by the Planning and Development Department.
      • The applicant has been operating the proposed business as a sexually oriented business without a valid Specialized Certificate of Occupancy issued under this Article.
      • The applicant or the applicant's spouse is required to register as a sex offender under the provisions of Chapter 62 of the Texas Code of Criminal Procedure.
      • An applicant or an applicant's spouse has been convicted of a criminal offense within the last ten years involving any of the following offenses set forth in the Texas Penal Code:
        1. Chapter 21 of the Texas Penal Code: Public lewdness, indecent exposure, indecency with a child;
        2. Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual assault;
        3. Chapter 25, Texas Penal Code: Incest, solicitation of a child or harboring a runaway child;
        4. Chapter 43, Texas Penal Code: Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, display or distribution, sale, distribution or display of harmful material to a minor, sexual performance by a child, employment harmful to minors, possession or promotion of child pornography; or
        5. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;For which:
          1. Less than two (2) years have elapsed since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
          2. Less than five (5) years have elapsed since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or
          3. Less than five (5) years since the date of conviction or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction are of two (2) or more misdemeanor offenses or combination or misdemeanor offense occurring within any twenty-four month period.
    2. The applicant who has been convicted or whose spouse has been convicted of a criminal offense listed this section may obtain a Specialized Certificate of Occupancy only after the time period required for satisfactory completion has elapsed and full release has been received from all conditions imposed regarding confinement, parole, or probation, whichever is the later date.
    3. The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant's spouse under this subsection.
  7. Appeal of a Denial of an Application for a Specialized Certificate of Occupancy

    If the Planning and Development Department denies the application and the issuance of a Specialized Certificate of Occupancy, certified mail, return receipt requested written notice shall be provided to the applicant (s) of such action within 35 working days after receipt of the application.
    1. Upon receipt of the notice of denial the applicant may respond by requesting reconsideration and providing appropriate documentation sufficient to complete the application or otherwise address the Department's basis for the denial.
    2. If a written request for reconsideration is received, the application and supplemental information shall be reconsidered and a response provided within ten working days after the request is received.
    3. Upon receipt of notice of denial of the reconsidered application, the applicant shall have the right to appeal the denial to the Board of Adjustment within 30 days, but only for a determination as to whether the application was denied through error or mistake.
    4. The written appeal to the Board of Adjustment shall provide a clear and concise statement of the factual basis or grounds for the appeal. The request for appeal shall also be accompanied with the non-refundable fee pursuant to the adopted fee schedule.
    5. The appeal hearing shall be scheduled and conducted according to the Board of Adjustment's rules of procedure.
    6. The applicant shall bear the burden of proof of disputed factual matters to produce a preponderance of the evidence to establish that the application was erroneously or mistakenly denied by the Planning and Development Department.
    7. The Board of Adjustment may overturn the denial of the application and thereafter approve the issuance of the Certificate only if the application was erroneously or mistakenly denied by the Planning and Development Department and is otherwise shown to comply with all other requirements for an application.  Unless the application was erroneously or mistakenly denied, the Board of Adjustment shall affirm the Department's denial.
  8.  Appeal of a Denial of a Renewal Application for a Specialized Certificate of Occupancy
    1. A denial of a renewal application for a Specialized Certificate of Occupancy may be appealed to the Board of Adjustment following the same procedures as provided in subsection G, "Appeal of a Denial of an Application for a Specialized Certificate of Occupancy."
    2. The filing of any appeal under this subsection stays the action of the Planning and Development Director until the Board of Adjustment makes a final decision.
  9. Suspension of Specialized Certificate of Occupancy
    1. The Director of the Planning and Development Department shall suspend a Specialized Certificate of Occupancy for a period not to exceed thirty (30) days if it is determined that the operator has:
      • Violated or is not in compliance with the regulations set forth in this Article, or
      • Refused to allow an inspection of the sexually oriented business premises as authorized by this Article.
      • Committed acts that constitute grounds for revocation as set forth in Section J.
    2. A suspension may be appealed to the Board of Adjustment as provided in Paragraph K. below.
  10. Revocation of a Specialized Certificate of Occupancy
    1. The Director of the Planning and Development Department shall revoke a Specialized Certificate of Occupancy if the Director of the Planning and Development Department determines that one or more of the following is true:
      • The operator gave false or fraudulent information in the application or otherwise acquired the Certificate under false pretenses.
      • The operator knowingly operated, provided or permitted sexually oriented business activity or entertainment to occur on the premises during a period of time when the Specialized Certificate of Occupancy was suspended.
      • The operator knowingly allowed or participated in the unlawful possession, use or sale of controlled substances on the premises.
      • The operator knowingly allowed or participated in prostitution, or its solicitation, or unlawful offenses of a similar nature to take place on the premises.
      • The operator has been convicted of a criminal offense listed in Section 5.203(F)(1)(o) for which the time period required 5.203 (F)(2) has not lapsed.
      • An operator is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.
      • An operator has transferred the Specialized Certificate of Occupancy in violation of this article.
      • Cause for suspension as provided in Paragraph I. above has occurred, and the Certificate has been previously suspended for any reason at least two times in the preceding 12-month period.
    2. The fact that a conviction is being appealed has no effect on the revocation of the Specialized Certificate of Occupancy.
    3. When the Planning and Development Director revokes a Specialized Certificate of Occupancy, the revocation will continue for one year, and the operator shall not apply for or be issued a Specialized Certificate of Occupancy for one year after the date of revocation became effective.  If, subsequent to revocation, the Development Director finds that the basis for the revocation has been corrected or abated, the operator may apply for and be granted a Specialized Certificate of Occupancy if at least 90 days have elapsed since the date the revocation became effective.  If the Specialized Certificate of Occupancy was revoked under subsection (J) (1) (e), an applicant may not apply for or be granted another specialized certificate of occupancy until the appropriate period required 5.203 (F)(2) has lapsed.
    4. A revocation may be appealed to the Board of Adjustment as provided in Paragraph K hereafter.
  11.  Appeal of the Suspension or Revocation of a Specialized Certificate of Occupancy.
    1. If the Planning and Development Director suspends or revokes a Specialized Certificate of Occupancy, the Director of Planning and Development shall send to the operator, by certified mail, return receipt requested, written notice of the action and the right to appeal.
    2. Upon receipt of written notice of the suspension or revocation, the operator whose Specialized Certificate of Occupancy has been suspended or revoked has the right to appeal to the Board of Adjustment.
    3. An appeal to the Board of Adjustment must be in accordance with subsection G. "Appeal of a Denial of an Application for a Specialized Certificate of Occupancy."  The filing of any appeal under this subsection stays the action of the Planning and Development Director in suspending or revoking a Specialized Certificate of Occupancy until the Board of Adjustment makes a final decision.
    4. Any appeal of the decision of the Board of Adjustment must be filed with the state district court with within 30 days after the receipt of notice of the decision of the Board of Adjustment.  The operator shall bear the burden of proof.  The filing of any appeal under this subsection stays any action of the Planning and Development Director.
  12. Transfer of Specialized Certificate of Occupancy
    1. A person commits an offense if he/she operates a sexually oriented business under a Specialized Certificate of Occupancy in any name or at any location other than the name and address designated on the face of the Certificate.
    2. Any person desiring to continue the operation of a sexually oriented business after purchase or transfer must meet all requirements of a new applicant and receive a new Specialized Certificate of Occupancy in his or her own name prior to continuing the business operation.  Otherwise, the Certificate shall automatically be deemed revoked as of the date of the transfer or purchase of the operator in whose name the Certificate was issued.
    3. A person commits an offense if he/she wrongfully counterfeits, forges, changes, defaces or alters a Specialized Certificate of Occupancy.  Any Certificate wrongfully altered shall automatically be deemed void and invalid.
    4. If corporations that have substantially similar ownership merge or consolidate, a fee of one-half (1/2) the original filing fee shall be paid for each sexually oriented business holding a Specialized Certificate of Occupancy that is merged or consolidated into the surviving corporation.  The surviving corporation succeeds to all privileges of the prior corporation that held the Specialized Certificate of Occupancy if the owners of the surviving corporation meet the qualifications for an applicant to acquire the Certificate under this Section.  For the purposes of this Section, corporations have "substantially similar ownership" if ninety (90) percent or more of the corporations involved are owned by the same person or persons, or by the same corporation or corporations, or if the surviving corporation has maintained an ownership interest in the merged or consolidated corporations since the date the original Specialized Certificate of Occupancy was issued.
    5. The City's Specialized Certificate of Occupancy is not property to be inherited or otherwise transferred in cases of incapacity or death.  If an operator becomes legally incapacitated or dies, the executor or guardian of the estate shall, as soon as reasonably possible but no event later than thirty (30) days of the death or incapacity, notify the Planning and Development Department in writing of the status of business operations, the persons controlling the estate, and those heirs or other persons involved in settling the estate.  Any person desiring to continue the sexually oriented business must meet all requirements of new applicants and receive a new Specialized Certificate of Occupancy in his or her own name prior to continuing the business operations.  Otherwise, the Certificate shall automatically be deemed revoked as of the date of the death or incapacity of the operator in whose name the Certificate was issued.
    6. The City's Specialized Certificate of Occupancy is not property to be listed as an "asset" or otherwise transferred for purposes of resolution in bankruptcy.  If an operator files a petition in bankruptcy seeking protection as a failing business, the operator shall also immediately deliver true and correct copies of documentation of same to the Planning and Development Department.

5.204 Employee Background Checks

  1. Prior to employment of any person by the sexually oriented business, the owner or operator of the sexually oriented business shall conduct a criminal background check on all prospective employees to ensure that no person employed has any convictions or any time of service in jail or prison for any of the following offenses:
    • Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual assault;
    • Chapter 25, Texas Penal Code: Incest, solicitation of a child or harboring a runaway child;
    • Chapter 43, Texas Penal Code: Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, display or distribution, sale, distribution or display of harmful material to a minor, sexual performance by a child, employment harmful to minors, possession or promotion of child pornography;
    • Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or.
    • Public lewdness, indecent exposure, public intoxication, drink solicitation, or possession of a controlled substance.
  2. The operator shall maintain a current registration card or file on the premises clearly identifying all managers, employees and/or entertainment personnel currently on the premises or employed by the business.  The information contained on the registration card shall include at least:
    • Full legal name;
    • All aliases or "stage names";
    • Date of birth;
    • Race;
    • Color of hair and eyes;
    • Current residence address and phone number;
    • Texas driver's license number (or Texas identification number);
    • Social Security number;
    • Color photograph of full-face view; and
    • Date of criminal background check.
  3. Records
    • Within five (5) days of employment of an employee, each manager shall send a copy of the criminal background check (with redacted social security number) and registration card to the Fort Worth Police Department.
    • Each manager shall maintain on the premises and make available for inspection upon request by City enforcement personnel the criminal background information and current registration card for all current employees.
    • A manager commits an offense if he or she fails to make the criminal background information or current registration card available for immediate inspection upon request by City enforcement personnel.
  4. For the purposes of subsection (B), an employee or entertainment personnel commits an offense by:
    • Providing false or deceptive information tot he operator; or
    • By failing to timely update and provide to the operator within fourteen (14) days any changes in the required information.

5.205 General Regulations for Sexually Oriented Businesses

  1. All operators, managers, employees, entertainment personnel or other persons, including customers shall permit the lawful inspection or enforcement activities of city enforcement personnel on any portion of the premises or of any aspect of the activities being conducted therein.
  2. All operators, managers, employees, or entertainment personnel shall furnish information or documentation requested by city enforcement personnel pertaining to inspection or law enforcement activities on the premises or of the activities being conducted therein.
  3. All operators, managers, employees, or entertainment personnel shall maintain any portion of the premises in a manner so as to permit the inspections or enforcement activities by city enforcement personnel.
  4. The operator, manager, employee or entertainment personnel shall not knowingly permit or allow any customer access to any area of the premises that has been designated as an area not open to customers as per the floor plan approved by the department of development pursuant to this Article.
  5. All operators shall maintain a person on the premises while occupied or open for business with the authority and responsibilities as "manager" over personnel.  The "operator" and "Manager" may be the same person.
  6. An operator may not knowingly employ or engage the service of any person under eighteen (18) years of age as an employee or entertainment personnel for the sexually oriented business.
  7. No customer or patron under the age of twenty-one (21) of age may enter or remain within the premises of a sexually oriented business while the establishment is open for business and alcoholic beverages are sold or consumed.
  8. No person may appear in a "state of nudity" or engage in "specified sexual activities" on any portion of the premises outside the building, which is capable of being viewed from a public street or right-of-way.
  9. No operator shall operate or allow the operation of an internal video surveillance system of persons or activity on the premises without prior written approval from the police department.  Internal video surveillance systems may be used only to monitor the premises or activity for legitimate security or safety purposes upon prior inspection and receipt of written approval from the police department, which will not be unreasonably withheld.  This subsection shall not apply to video projection systems.
  10. The operator shall maintain on the premises at all times a current copy of all city ordinances regarding or regulating sexually oriented business activity so as to keep all managers, employees and entertainment personnel duly advised of the applicable city ordinances regarding the sexually oriented business, and its permitted, as well as prohibited activities, so as to minimize prospective violations and offenses on the premises.

5.206 Conduct of Employees

  1. No employee, while in a state of nudity in a sexually oriented business shall receive directly any pay or gratuity from any patron or customer or allow any patron or customer to pay or give any gratuity directly to any employee while that employee is in a state o f nudity in a sexually oriented business other than by means of hand or garter tipping, a tip receptacle or paid as part of the customer's bill.
  2. No manager, owner, or operator shall allow any patron or customer to pay or give any gratuity directly to any employee while that employee is in a state of nudity in a sexually oriented business other than by means of hand or garter tipping, a tip receptacle or paid as part of the customer's bill
  3. All garters shall be located mid-thigh or lower.

5.207 Hours of Operation

  1. A sexually oriented business shall not be open to the public or allow customers or patrons to enter or remain within the premises of a sexually oriented business during the following hours:
    1. Sunday-Thursday: 2:00 a.m. to 10:00 a.m.
    2. Friday and Saturday: 3:00 a.m. to 10:00 a.m.; 4:00 a.m. to 10:00 a.m. if the sexually oriented business holds a valid food establishment permit issued by the City Health Department.
  2. Hours of operation may not conflict with any other federal, state, or city laws, rules or regulations.
  3. This regulation shall not apply to adult motels.

5.208 Interior of the Sexually Oriented Business

  1. Subject to reasonable accommodations for legitimate security measures, including approved internal surveillance video systems, the operator shall maintain the entire premises so as to permit walk-through inspections without interference by City enforcement personnel.
  2. The interior of the premises shall be arranged in such a manner that there is an unobstructed view into every area of the premises to which any customer is permitted access for any purpose, excluding restrooms.  The operator shall ensure that the ability to view into any area where customers are allowed remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials.  This regulation shall not apply to adult motels.
  3. If the premises contains two or more separate rooms, the operator shall maintain each room with at least one wall or door equipped with clear windows or openings of at least three feet in width and two feet in height located no less that three feet above the floor but no less than two feet below the ceiling for viewing into the entire area and all activity therein.  This regulation shall not apply to adult motels.
  4. The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and u=illuminated at all times with overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for patrons, employees or City enforcement personnel walking throughout the premises.
  5. During hours of darkness when a sexually oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises equipped and illuminated by overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for persons or vehicles traveling into, on and out of the property.  Said lighting fixtures shall be directed onto the property as much as is possible so as to avoid being directed onto neighboring properties.
  6. The operator shall not utilize or allow restroom or employee dressing rooms to be utilized for sexually oriented business purposes, video equipment or for the offering of any sexually oriented merchandise to customers.

5.209 Exterior appearance of Sexually Oriented Business

  1. No exterior portions of a sexually oriented business shall have flashing lights or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this Article.
  2. No merchandise or activities of a sexually oriented business shall be visible from any point outside the establishment.
  3. All exterior portions and/or facades, including the roof, that to be painted shall be a single achromatic color with a single achromatic color trim, both colors consisting of a neutral earth tone color only, however, the trim and the building may be a different neutral earth tone color.  Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business.  All sexually oriented businesses with a current Specialized Certificate of Occupancy that are not in compliance with the regulations of this Article and other applicable City Codes will have five (5) years from the date of adoption of this ordinance to comply with this subsection, however if any portion of the exterior of the building is painted or repainted before this five (5) year period expires, all portions of the exterior must be painted a single achromatic color with a single achromatic color trim as provided by this subsection.
    This provision shall not apply to an enterprise if the following conditions are met:
    1. The enterprise is part of a commercial multi-unit center; and
    2. The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the enterprise, are painted the same color as one another or are painted in such a way as to be component of the overall architectural style or pattern of the commercial multi-center unit.

5.210 Sign Requirements

  1. Business Requirements for Posting Sign Concerning Intent to Locate Sexually Oriented Businesses
    1. An applicant for a specialized certificate of occupancy for a location for which a specialized certificate of occupancy has not previously been issued shall post an outdoor sign at the location in compliance with Section 243.0075 of the Texas Local Government Code, as amended, not later than the 60th day before submitting the application for a specialized certificate of occupancy to the Planning and Development Department.
    2. The sign shall comply with the following requirements:
      • The sign must be at least 24 by 36 inches in size;
      • All letters must be at least two inches in height and 1 and ½ inches in width for each letter on the sign;
      • The sign shall state that a sexually oriented business is intended to be located on the premises;
      • The sign shall provide the name and business address of the owner and operator;
      • All required information must be presented in both English and Spanish;
      • All required information must be read horizontally from left to right; and
      • The sign shall be prominently posted such that it is clearly legible from the public right-of-way.
    3. The operator of a proposed sexually oriented business shall notify the Planning and Development Director, by certified mail or hand delivery, when a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, as amended.  The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the Planning and Development Director within five days after the posting of the sign.  If the Planning and Development Director receives the notification within five days after the sign was posted, the 60-day posting period required by Section 243.0075 shall be deemed to begin on the posting date.  If the notification is received by the Planning and Development Director more than five days after the sign was posted, the 60-day posting requirement shall be deemed to begin on the date the Planning and Development Director verifies the sign has been posted.
    4. When a sign is posted at an intended location of a sexually oriented business and the intended location is not in violation of the distance requirements set out in this Article on the posting date, the sexually oriented business will qualify as a conforming use with regard to the distance requirements and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of a religious institution, school, public park, or residential district within 1,000 feet of the posted location.
    5. Paragraph 4 of this subsection does not apply if:
      • A completed application for a specialized certificate of occupancy for a proposed sexually oriented business is not filed with the Planning and Development Department within 20 days after the expiration of the 60-day posting requirement under Section 243.0075 of the Texas Local Government Code, as amended; or
      • The application for a specialized certificate of occupancy is withdrawn or denied; or
      • The notification requirements of subsection 2 are not met.
  2. Signs at each Public Entrance
    1. The operator shall maintain at least one conspicuous permanently mounted sign, presented in both English and Spanish, at each public entrance, in accordance with the City's sign codes, of a size of at least 18 inches in height and 24 inches in width, easily visible and legible to all persons prior to entry into the establishment, with all letters at least one-half inch in height and three-quarters of an inch in width for each letter on the sign which contains a statement to the effect:

      THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description of the type of activity or merchandise as permitted herein].  IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN.  NO PERSON UNDER 18 YEARS OF AGE ALLOWED ENTRY”

      [if alcoholic beverages are sold on the premises] –

      "NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY”

  3. Exterior Signs
    1. Notwithstanding any provision of the City of Fort Worth Code 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 on-premise sign for the establishment other than one primary sign and one secondary sign as provided in this section.
    2. A primary sign may have no more than two display surfaces.  Each display must:
      • Not contain any flashing lights;
      • Be a flat plane, excluding the lettering, and
      • Be rectangular in shape.
    3. A secondary sign may have only one display surface.  The display surface must:
      • Not contain any flashing lights;
      • Be a flat plane, excluding the lettering;
      • Be rectangular in shape; and
      • Be affixed or attached to a wall or door of the establishment.
    4. A primary or secondary sign must contain no photographs, silhouettes, drawings, or pictorial representations or any manner, and may contain only: The name of the establishment; and/or one or more of the following phrases:
      • "Adult Arcade."
      • "Adult bookstore or adult video store"
      • "Adult Cabaret."
      • "Adult motel"
      • "Adult motion picture theater."
      • "Escort agency."
      • "Adult Model Studio."
      • "Sexual encounter center."
    5. 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 Subsection (D) (4) above.
    6. Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type size and color.  The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform solid color.
    7. Notwithstanding the sign requirements of this Article and signs lawfully operating sexually oriented business on September 27, 2004 may continue to be maintained on the premises until:
      • The sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business; or
      • The city requires removal, relocation or reconstruction of the sign in accordance with state law.
    8. Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises, or that contains any of the terms set for in the subsection 4 of this section or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this section.  The intent of this subsection is to prevent the use of signage identifying the commercial multi-tenant center itself from being used as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this section.

5.211 Additional Regulations for Adult Entertainment Cabarets

  1. An employee of an adult entertainment cabaret, while appearing in a state of nudity, commits an offense if he or she touches a customer or clothing of a customer.
  2. A customer at an adult entertainment cabaret commits an offense if he or she touches an employee appearing in a state of nudity or the clothing of an employee
  3. No person shall appear in a state of nudity in an area of the adult entertainment cabaret in an area of the premises that can be viewed from the public right-of-way.
  4. An operator commits an offense if the operator fails to display the signs on the interior of the premises as required by this Article.
  5. An operator commits an offense if he/she 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.

5.212 Additional Regulations for Escort Agencies

  1. An escort agency shall not employ any person under the age of eighteen (18) years of age.
  2. A person commits an offense if he/she acts as an escort or agrees to acts as an escort for any person under eighteen (18) years of age.

5.213 Additional Regulations for Outcall Businesses

  1. An operator, shall not employ any person under the age of eighteen (18) years of age for the purposes of acting as an outcall person or providing outcall services for a customer
  2. An operator, manager or employee commits an offense if he/she acts as an outcall person for any customer less than twenty-one (21) years of age.

5.214 Additional Regulations for Nude Modeling Businesses

In Addition to those offenses set forth in subsection (b), citations may be issued for the following:

  1. An operator shall not employ any person under the age of eighteen (18) years of age for the purpose of acting as a live nude model for customers.
  2. A person under eighteen (18) years of age commits an offense if he/she appears for customers while in a "state of nudity" or "simulated nudity" on the premises of a nude modeling business.  It is a defense to prosecution under this subsection if the person under eighteen (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 that 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 customer at a nude model studio commits an offense if he/she touches an employee who is exposing any specified anatomical areas or touches the clothing of the employee.
  6. An operator 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 walk through of the premises without entering a closed area, excluding a restroom.

5.215 Additional Regulations for Adult theaters and adult motion picture theaters

  1. An operator shall not employ any person under the age of eighteen (18) years to appear in a " state of nudity" or "simulated nudity" for customers on the premises of an adult theater or adult motion picture theater.
  2. A person commits an offense if he knowingly allows a person under the age of eighteen (18) appear in a state of nudity in or on the premises of an adult motion picture theater.
  3. A person under the age of eighteen (18) commits an offense if he/she appears in "a state of nudity" or " simulated nudity" for customers on the premises of an adult theater or adult motion picture theater.
  4. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.

5.216 Additional Regulations for Adult Motel

  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 ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as defined in this Article.
  2. An operator, manager or the person otherwise in control of a sleeping room in a hotel, motel, or similar commercial establishment, commits an offense if he/she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is first rented, he/she rents or subrents the same sleeping room again.

5.217 Additional regulations for Adult Arcades

  1. View from manager's station.
    1. If an adult arcade or adult mini-theatre has one (1) manager's station designated pursuant to this Article, then the interior of the adult arcade or adult mini-theatre shall be configured in such a manner that there is an unobstructed view of every area of the adult arcade or adult mini-theatre to which any patron is permitted access for any purpose from that manager's station.  If an adult arcade or adult mini theatre has two (2) of more manager's stations designated pursuant to this Article, then the interior of the adult arcade or adult mini-theatre shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade or adult mini-theatre to which any patron is permitted access for any purpose from at least one (1) of the manager's stations.  The view required in this subsection must be by direct line of sight from the manager's station.
    2. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre, to ensure that the view area specified in subsection (1) remains unobstructed by any merchandise, display racks or other materials at all times that any patron is present in the adult arcade or adult mini-theatre and to ensure that no patron is permitted access to any of the adult arcade or adult mini-theatre which has been designated as an area in which patrons will not be permitted in the plan filed pursuant to this Article.
  2. Wall Penetrations
    1. In addition to any other requirements of this article, no adult arcade or adult mini-theatre shall be configured in such a manner as to have any opening in any partition, screen, wall or other barrier that separates viewing areas for arcade devices or adult mini-theatre devices from other viewing areas for arcade devices or adult mini-theatre devices.  This provision shall not apply to conduits or plumbing, heating, air conditioning, ventilation or electrical service, provided that such conduits shall be so screened or otherwise configured as to prevent their use as openings that would permit any portion of a human body to penetrate the wall or barrier separating viewing areas.
    2. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre to ensure that the premises is monitored to assure that no openings are allowed to exist in violation of subsection 1 above and to ensure that no patron is allowed access to any portion of the premises where any openings exists in violation of subsection 1 above until the opening has been repaired.
  3. Lighting
    1. Each adult arcade or adult mini-theatre 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) foot-candle as measured at four feet above the floor level.
    2. It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in an adult arcade or adult mini-theatre to ensure that the illumination described in subsection 1 above, is maintained at all times that any patron is present in the adult arcade or adult mini-theatre.
  4. Occupancy of booths, rooms and cubicles
    1. Only one individual shall occupy a booth, room or cubicle at any time. No occupant of a booth, room or cubicle shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth.

5.218 Display of Sexually Explicit Materials to Minors

  1. A person commits an offense if, in a business establishment open to person 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:
    • Human sexual intercourse, masturbation, or sodomy;
    • Fondling or other erotic touching of human genitals, buttocks, or that portion of the female breast below the top of the areola; or
    • 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:
    • It is a  available to the general public for handling and inspection; or
    • The cover or outside packaging on the item is visible to members of the general public.

5.219 Enforcement

Any City enforcement personnel may enforce the provisions of this Article.  Additionally, the Fort Worth Police Department may enforce the offenses listed in Section 5.204, which occur on the premises of a sexually oriented business at any time the establishment is occupied or open for business.

5.220 Revocation

Revocation or suspension of any permit shall not prohibit imposition of a criminal penalty and imposition of a criminal penalty shall not prevent revocation or suspension of a permit.

5.221 Injunction

A person who operates or causes to be operated a sexually oriented business without a valid specialized certificate of occupancy or in violation of this Article is subject to a suit for injunction as well as prosecution for criminal violations.