§ 21-200. Definitions.

As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Act shall mean the same as that term is defined in V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Actor shall mean the same as that term is defined in V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Adult arcade shall mean any "premises" to which members of the public or members of any club, group or association are admitted and permitted to use one or more arcade devices.

Adult bookstore means an adult bookstore, adult novelty store, or adult video store where more than thirty (30) percent of its inventory (that is offered for sale, rental or viewing for any form of consideration to on-premises customers) or floor space consists of one or more of the following:

(1)

Books, magazines, or sound recordings, or printed, visual or audio material of any kind which are characterized by their emphasis on the description or depiction of specified anatomical areas or specified sexual activities; or

(2)

Non-contraceptive instruments, devices, toys, or paraphernalia designed for use in connection with specified sexual activities, books, magazines, pamphlets, pictures, drawings, photographs, motion picture films, or sound recordings, or printed, visual or audio material of any kind, which, because of the depiction or description of specified sexual activities in the materials offered for sale, is restricted to adults.

(3)

Novelty items designed as sight gags, advertised as such and not designed or advertised for sexual activity, are not instruments or devices as defined and regulated herein.

Adverse secondary effects shall mean any one of the following conditions caused by the existence of or geographic proximity to a sexually oriented business:

(1)

The existence of violations of law, including but not limited to: prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale or distribution or display of material harmful to a minor, sexual performance by a child, employment harmful to children, possession or promotion of child pornography, public lewdness, indecent exposure, indecency with a child, sexual assault, aggravated sexual assault, pandering, loitering, trespass, or any violation of V.T.C.A., Health and Safety Code ch. 481, criminal attempt to conduct a violation of law, criminal conspiracy to conduct a violation of law, or solicitation to conduct a violation of law.

(2)

Diminution of surrounding property value.

(3)

Unsanitary health conditions resulting from improper disposition of bodily secretions thereby posing a threat of spreading infection or disease.

(4)

Those adverse secondary effects found to exist by the Texas Legislature at V.T.C.A., Local Government Code § 243.001(a).

(5)

Those adverse secondary effects described by findings incorporated in the cases of N.W. Enterprises v. City of Houston, 352 F.3d 162 (5 ^th Circ. 2003); Baby Dolls Topless Saloons v. City of Dallas, 295 F.3d 471 (5 ^th Circ. 2002); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Erie v. Pap's A.M., 529 U.S. 277, 120 S. Ct. 1382 (2000); City of Los Angeles v. Alameda Books, Inc. 122 S. Ct. 1728 (2002); LLEH, Inc. v. Wichita County, Texas, 289 F.3d 358 (5 ^th Circ. 2002); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3d Circ 1993); Shultz v. City of Cumberland, 228 F.3d 831 (7 ^th Circ. 2000) Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5 ^th Circ. 1995); 2300, Inc. v. City of Arlington, 888 S.W. 2d 123 (Tex. App. - Forth Worth 1994); Colacurcio v. City of Kent, 163 F.3d 545 (9 ^th Circ. 1998), cert denied, 529 U.S. 1053 (2000); Kev, Inc. V. Kitsap County, 793 F.2d 1053 (9 ^th Circ. 1986); Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153 (9 ^th Circ. 2003); DLS, Inc. v. Chattanooga, 107 F.3d 403 (6 ^th Circ. 1997); Jake's Ltd, Inc. v. Coates, 384 F.3d 884 (8 ^th Circ. 2002); and on studies, reports, and/or testimony in other communities including, but not limited to: Houston, Texas; Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Indianapolis, Indiana; Dallas, Texas; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; St. Croix County, Wisconsin; Arlington, Texas; Detroit, Michigan; Seattle, Washington; Rochester, New York; Denver, Colorado; El Paso, Texas; and also findings from the Texas City Attorneys Association Crime and Value Related Effects of Sexually Oriented Businesses (2008); Florida Survey of Appraisers (2008); The American Center for Law and Justice (1996); and National Law Center Summary of Sexually Oriented Business Land Use Studies (1996)

Adult cabaret means an establishment whose one of its primary business purposes is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

Adult encounter parlor means an establishment whose one of its primary business purposes is the provision of premises where customers either congregate, associate, or consort with employees who engage in specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

Adult lounge means an adult cabaret, as defined above, which is a permitted or licensed premises, pursuant to the Texas Alcoholic Beverage Code, where alcoholic beverages may be served or sold.

Adult modeling studio means an establishment whose one of its primary business purposes is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.

Adult mini-theatre shall mean any premises that is subject to regulation under V.T.C.A., Local Government Code ch. 243 as amended, to which members of the public or members of any club, group or association are admitted and permitted to use one or more "mini-theatre devices."

Alcoholic beverage shall mean the same as that term is defined in V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Applicant shall mean an individual or owner-operator who files an application.

Application shall mean any request for a permit that is completed accurately and filed in compliance with the provisions of this article.

Application amendment shall mean a document wherein is contained a change to the information provided on an application or renewal application.

Arcade device shall mean any coin, currency or slug operated or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of "entertainment" that is intended for the viewing of five (5) or fewer persons in exchange for any payment of consideration.

Association shall mean the same as that term is defined in V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Background investigation shall mean the review, analysis, and inquiry made by the chief of police in response to an application for a permit.

Certificate of occupancy shall mean a certificate indicating that the premises comply with all the provisions of the UDC Section 35-424 and the building code. The certificate of occupancy is issued after approval of a building permit and construction has occurred pursuant to a building permit. A sexually oriented business permit shall not be issued unless a certificate of occupancy is obtained for the premises.

Chief or chief of police shall mean the director of the city police department or designee authorized to carry out tasks such as those set forth herein.

Church means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

Commence an action shall mean to file a cause of action with a court of any jurisdiction, to pursue an appeal in any appellate or supreme court and/or to obtain a settlement of a cause of action.

Close corporation shall mean a corporation whose stock is not offered or sold on an exchange.

Commercial multi-unit center means a building or structure (including a shopping mall or strip shopping center) containing three (3) or more separate premises, each of which is offered by lease or otherwise for separate occupancy or control and each of which occupies an enclosed area having its own door or entranceway opening onto public property, a public way, or a common area.

Community supervision shall mean the same as that term is defined at V.T.C.A., Code of Criminal Procedure art. 42.12, § 2 or as may hereafter be amended therein.

Conduct any business in a sexually oriented business. Any person who does any one or more of the following shall be deemed to be conducting business in a sexually oriented business:

(1)

Operates a cash register, cash drawer or other depository on the sexually oriented business premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

(2)

Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the sexually oriented business premises;

(3)

Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the sexually oriented business premises;

(4)

Acts as a door attendant to regulate entry of customers or other persons into the sexually oriented business premises; or

(5)

Supervises or manages other persons in the performance of any of the foregoing activities on the sexually oriented business premises.

Configuration or configured shall mean the interior layout or interior construction design of a sexually oriented business.

Conviction as used in this article shall mean the written declaration of a court, signed by the trial judge, that the defendant has been adjudged guilty of the offense in question, regardless of the punishment assessed. The term "convicted of" shall mean the person has a conviction on his record for the offense or activity stated.

Corporation shall mean a business entity created pursuant to statute and capable of issuing common or preferred stock. It shall include a closed corporation. In addition, the term shall also mean the same as that term is defined at V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Customer means any person who:

(1)

Is allowed to enter a sexually oriented business or any portion thereof in return for the payment of an admission fee, membership fee, or any other form of consideration or gratuity;

(2)

Enters a sexually oriented business or any portion thereof and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

(3)

Enters a sexually oriented business or any portion thereof based upon a private membership to the club or as a guest of an owner, operator, manager, floor-manager, employee, dancer, entertainer or model.

Dancer shall have the same meaning as the term "entertainer."

Denial of revocation/suspension shall mean a document wherein is contained the refusal of the hearing officer to revoke a permit and the reasons for the refusal.

Diagram shall mean a drawing sufficient to depict each area of a sexually oriented business, whether open or closed, accessible or inaccessible to customers or patrons, including but not limited to, each entrance, exit, room, bar, kitchen, office, stairway, or lavatory. The drawing must indicate the square footage of the entire establishment, along with square footage of each enclosed area within the establishment. Each area should also be labeled by usage.

Dressing room shall mean an enclosed area where entertainers are allowed to change clothes and where customers or patrons shall be prohibited from viewing or entering.

Employee shall mean:

(1)

Any person who renders any service whatsoever to any customer of a sexually oriented business, works in or about a sexually oriented business, or conducts any business in and for a sexually oriented business; and, either receives or expects to receive compensation from the operator, owner, manager, floor-manager, or customers of the sexually oriented business.

(2)

Excepted from this definition of "employee" are the following: providers of legitimate accounting services, legal services, deliveries of goods for immediate use by the sexually oriented business, and maintenance services for the sexually oriented business.

(3)

By way of example, rather than limitation, the term "employee" includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation personnel, door persons, bouncers, security personnel, and cashiers. This definition is intended to include the conventional employer-employee relationships, independent contractor relationships, agency relationships, and any other scheme or system whereby the "employee" has an expectation of receiving compensation, tips, or other benefits from the sexually oriented business, operator, owner, manager, floor-manager, or customers in exchange for services provided.

Entertainer shall mean any individual, male or female, who poses, dances, or knowingly or intentionally appears for the purpose of being observed or viewed for any reason by any individual while in a state of nudity, semi-nudity, or while engaging in specified sexual activities.

Entertainer's permit shall mean a license issued to an individual as lawful authority to act as an entertainer in a sexually oriented business.

Entertainment shall mean:

(1)

Any live exhibition, display or performance; or

(2)

Any still picture(s) or movie picture(s), whether mechanically, electrically or electronically displayed; or

(3)

Any combination of the foregoing, in which the specified anatomical areas or specified sexual activities are depicted.

File or filed or filing shall mean personal delivery to the chief of police or his designee at the city police headquarters or personal delivery to the clerk of a court.

Floor-manager shall mean any individual holding a position in a sexually oriented business with the responsibility for direct supervision of the operation of the sexually oriented business and for monitoring and observing the areas of the sexually oriented business to which customers or patrons are admitted at times during which the sexually oriented business is open for business; or, at times during which customers or patrons are on the premises of the sexually oriented business.

Floor-manager's permit shall mean a license issued to an individual as lawful authority to act as a floor-manager for a sexually oriented business.

Form shall mean one or more pages wherein exist a uniform method of eliciting from an applicant the information required for an application in accordance with the provisions of this article. The referenced pages shall include a verification or jurat where the applicant can affirm under oath and on the basis of personal knowledge that the information provided is accurate and complete; however, the referenced pages shall specifically exclude the affidavit required of an owner-operator.

Identify shall mean the act of stating or declaring an identity.

Identity shall mean the true and correct name, address, telephone number, and facsimile number of the pertinent association, corporation, individual, operator, person, or owner.

Individual shall mean the same as that term is defined in V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Interior door shall mean any opening between interior rooms through which foot traffic may occur and which serves as an entrance or an exit between the rooms, excluding electrically cooled rooms used as food storage devices, liquor cabinets, and food pantries.

Invest shall mean to provide money, bartering, or in-kind services toward a sexually oriented business in anticipation or expectation of generating a profit or incurring a tax benefit at some time in the future.

Investment shall mean the noun of the term "invest."

Lavatory shall mean a room where exists a sink for washing hands and a toilet.

Licensed day-care center means a facility licensed by the State of Texas, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.

Multifamily tract means any residential tract that contains any building or buildings or portion or portions thereof, that is designed, built, rented, leased, sold, let out or hired out to be occupied, or which is occupied, in separate units, each containing living, sleeping and food preparation facilities, as the homes or residences of three (3) or more families, groups, or individuals living independently of each other.

Manager, unless otherwise specified herein, shall mean any individual who supervises or directs any employee, floor-manager, contractor, or sub-contractor of a sexually oriented business.

Manager's affidavit shall mean a sworn statement based upon personal knowledge by a manager of a sexually oriented business wherein is stated:

(1)

That the attached copy of the photographic identification of an applicant for a manager's permit is a true and correct copy of the photographic identification of said applicant;

(2)

The identity of the sexually oriented business at which the applicant shall be employed under the manager's permit;

(3)

The information in the attached application is true and correct and the applicant is qualified to receive the requested permit.

Manager's permit shall mean a license issued to an individual as lawful authority to act as a manager of a sexually oriented business.

Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, such treatment, manipulation, or service related thereto, exposes specified anatomical areas. The definition of a massage parlors shall not include the practice of massage in any licensed hospital, nor by a licensed massage therapist, hospital, licensed physicians, surgeons, chiropractor, osteopath, nurse, technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers of any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

Model shall have the same meaning as the term "entertainer."

Notice or notice of rejection shall mean a document wherein the chief of police informs an individual that an application or renewal application is denied and also specifies therein the reasons for the rejection.

Notice of intention to revoke/suspend permit shall mean a document wherein the chief of police notifies a permit holder of his intention to revoke the permit.

Notice of revocation or notice of revocation/suspension shall mean a document wherein is contained the decision of the hearing officer to revoke/suspend a permit based upon the allegations contained in a notice of intention to revoke/suspend permit.

Nude or nudity or state of nudity shall mean the following:

(1)

The appearance of the bare buttock; anus; male genitals; female genitals; or entire female breast;

(2)

A state of dress which fails to completely and opaquely cover the buttock; anus; male genitals; female genitals; or entire female breast.

Nude modeling studio means any place where a person who, for money or any form of consideration, appears in a state of nudity or displays specified anatomical areas, to be observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by other persons. This definition shall not include nude modeling by an adult that occurs in conjunction with art classes of a university, college, or any art class supervised by an art instructor paid by an arts school.

Nudity attraction establishment means any place of business where nudity or semi-nudity is regularly or routinely advertised as a characteristic of the business or which regularly attracts patrons with nudity or semi-nudity.

Operator shall mean the following:

(1)

An individual who owns a sexually oriented business, if the establishment is a sole proprietorship or if the establishment is an assumed name of an individual;

(2)

Each individual partner of a general partnership, if the partnership owns any interest in a sexually oriented business;

(3)

Each individual who is a general partner or a limited partner of a limited partnership, if the partnership owns any interest in a sexually oriented business;

(4)

Each individual who is an officer or director of a corporation, if the corporation owns any interest in a sexually oriented business;

(5)

Each association, individual, or person who is a stockholder of a closed corporation, if the closed corporation owns any interest in a sexually oriented business;

(6)

Each manager, as defined in the Texas Limited Liability Company Act, of a limited liability company, if the company owns any interest in a sexually oriented business; and

(7)

Each association, if the association owns any interest in a sexually oriented business.

Owner shall mean each association, individual, person, partner, closed corporation, corporation, business entity, or manager (as defined by the Texas Limited Liability Company Act) who owns an interest in a sexually oriented business.

Owner-operator shall mean:

(1)

An owner or each member of a group of owners whose aggregate ownership interest in a sexually oriented business equals or exceeds thirty-five (35) percent, and

(2)

Who has been designated by a sexually oriented business pursuant to the provisions of this article as being a member of the class authorized to apply for and, if otherwise qualified, receive a sexually oriented business permit.

Patron shall have the same meaning as the term "customer."

Permit shall mean either a sexually oriented business permit, a manager's permit, a floor-manager's permit, an entertainer's permit, a temporary manager's permit, a temporary floor-manager's permit, a temporary entertainer's permit, or any other permit defined in this article, depending upon the context used.

Permit holder shall mean the individual who applied for and received a manager's permit, floor-manager's permit, entertainer's permit, temporary manager's permit, temporary floor-manager's permit, temporary entertainer's permit, or, in the case of a sexually oriented business establishment permit, the owner-operator of the sexually oriented business. It shall also include any individual who applied for and received any permit defined in this article, depending upon the context used.

Person shall mean the same as that term is defined in V.T.C.A., Penal Code § 1.07 or as may hereafter be amended therein.

Public park means a publicly owned or leased tract of land, whether situated in the city or not, designated, dedicated, controlled, maintained and operated for use by the general public for active or passive recreational or leisure purposes by the city or any political subdivision of the state and containing improvements, pathways, access or facilities intended for public recreational use. The term "public park" shall not include parkways, public roads, rights-of-way, esplanades, traffic circles, easements or traffic triangles unless such tracts or areas contain and provide improvements or access to a recreational or leisure use by the public.

Public place in this article shall mean all locations owned by or open to the general public inclusive of the sheds, enclosures, buildings, improvements, and fixtures upon the location. This term includes but is not limited to any sexually oriented business, restaurant, tavern, bar, club or other establishment. This term also includes those locations that are restricted to specific members, restricted to adults, or restricted to patrons invited to the location, whether or not an admission charge is levied.

Residential. Pertaining to the use of land, whether situated within the city or not, for premises such as homes, townhomes, patio homes, manufactured homes, duplexes, condominiums and apartment complexes, which contain habitable rooms for nontransient occupancy and which are designed primarily for living, sleeping, cooking, and eating therein. A premises which is designed primarily for living, sleeping, cooking and eating therein shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. Hotels, motels, boarding houses, nursing homes, college or university dormitories, hospitals, and nursery schools shall not be considered to be residential. The term "residential" shall also include any unimproved tract designated for tax appraisal purposes as residential by the Bexar County Appraisal District if situated in the city or by the appraisal district of the county in which the tract is situated if not situated in the city. The term additionally shall include any tract, that, based upon the records of the planning official has been subdivided or platted for residential use, but that is not yet designated for tax appraisal purposes as residential.

Renewal application shall mean an application to re-establish a valid and existing permit for another term.

Renewal permit shall mean a valid and existing permit that is re-established for another term.

Respondent shall mean:

(1)

That individual or owner-operator who holds:

a.

A sexually oriented business permit;

b.

A manager's permit;

c.

A floor-manager's permit; or

d.

An entertainer's permit; and

(2)

Defends his own permit in a revocation/suspension proceeding or appeal thereof.

Revocation proceeding or revocation/suspension proceeding shall mean the process by which any permit required herein is or may be revoked or suspended.

School shall mean a building, whether situated within the city or not, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:

(1)

Public and private schools used for primary or secondary education, in which any regular kindergarten or grades one (1) through twelve (12) classes are taught;, and

(2)

Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of grades one (1) through twelve (12).

Semi-nude or semi-nudity or state of semi-nudity shall mean a state of dress which fails to completely and opaquely cover:

(1)

Human genitals, pubic region or pubic hair;

(2)

Crevice of buttocks or anus;

(3)

Any portion of the female breast that is situated below a point immediately above the top of the areola; or

(4)

Any combination of the foregoing.

Sexual encounter establishment means any business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas when one or more of the persons is in a state of nudity or semi-nudity. The definition of sexual encounter establishment shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or medical professional, licensed by the state engages in medically approved and recognized therapy or treatment.

Sexually oriented business or SOB means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult mini-theater, escort agency, nude modeling studio, unlicensed massage parlor, or any other establishment whose one of its primary business purposes is the offering of a service, live entertainment or the selling, renting, or exhibiting of devices or any specified anatomical parts intended to provide sexual stimulation or sexual gratification to the customer and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term "sexually oriented business" shall not be construed to include:

(1)

Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held;

(2)

Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; or

(3)

Any retail establishment whose major business is the offering of wearing apparel for sale to customers.

Sexually oriented business [permit] or SOB permit shall mean the original license issued to an owner-operator of a sexually oriented business as lawful authority to operate a sexually oriented business.

SOB shall mean sexually oriented business.

Specified anatomical areas shall mean failure to completely and opaquely cover:

(1)

Human genitals, pubic region or pubic hair;

(2)

Crevice of buttocks or anus;

(3)

Any portion of the female breast that is situated below a point immediately above the top of the areola;

(4)

Any combination of the foregoing; or

(5)

Human male genitals in a discernibly erect state.

Specified criminal act shall mean any of the following offenses:

(1)

As described in V.T.C.A., Penal Code ch. 21 or as may hereafter be amended therein:

a.

Public lewdness;

b.

Indecent exposure; or

c.

Indecency with a child.

(2)

As described in V.T.C.A., Penal Code ch. 22 or as may hereafter be amended therein:

a.

Sexual assault, or

b.

Aggravated sexual assault.

(3)

As described in V.T.C.A., Penal Code ch. 43 or as may hereafter be amended therein:

a.

Prostitution;

b.

Promotion of prostitution;

c.

Aggravated promotion of prostitution;

d.

Compelling prostitution;

e.

Sale, distribution or display of harmful material to a minor;

f.

Sexual performance by a child;

g.

Employment harmful to a child; or

h.

Possession or promotion of child pornography.

(4)

As described in V.T.C.A., Health and Safety Code ch. 481 or as may hereafter be amended therein.

(5)

As described in V.T.C.A., Penal Code ch. 15 or as may hereafter be amended therein:

a.

Criminal attempt to conduct any of the aforementioned offenses;

b.

Criminal conspiracy to conduct any of the aforementioned offenses;

c.

Criminal solicitation to conduct any of the aforementioned offenses; or

d.

Criminal solicitation of a minor to conduct any of the aforementioned offenses that are also identified in V.T.C.A., Penal Code § 15.031.

(6)

Human trafficking as described in V.T.C.A., Penal Code ch. 20A or as may hereafter be amended therein.

Specified sexual activity means actual and simulated human genitals in a state of sexual stimulation or arousal, even if completely and opaquely covered, actual or simulated human masturbation, sexual intercourse, sodomy, fellatio, cunnilingus, fondling or other erotic touching of human genitals, pubic region, buttock or female breast, and excretory functions as part of or in connection with the above described activity or any act of bestiality, masturbation, sexual intercourse, sodomy, fellatio, sadomasochism, or physical contact with a person's own or another person's specified anatomical area.

Stage name shall mean an alias used by an entertainer during the course and scope of entertaining.

Substantial evidence shall mean the same as that term is defined by state courts or in state jurisprudence regarding the standard of proof used in review of decisions in administrative proceedings.

Temporary entertainer shall mean an individual who holds a temporary entertainer's permit.

Temporary entertainer's permit shall mean an entertainer's permit that is valid for a reduced period of time, as set forth in this article.

Temporary floor-manager shall mean an individual who holds a temporary floor-manager's permit.

Temporary floor-manager's permit shall mean a floor-manager's permit that is valid for a reduced period of time, as set forth in this article.

Temporary manager shall mean an individual who holds a temporary manager's permit.

Temporary manager's permit shall mean a manager's permit that is valid for a reduced period of time, as set forth in this article.

Tract means a contiguous parcel of land under common ownership, whether situated within the city or not.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)