O-1245-4-94ORDINANCE NO. 1245-4-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TERAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87,
SECTION 2.06, BY THE ADDITION OF SECTION D, PROVIDING
REGULATIONS FOR THE LOCATION OF SEXUALLY -ORIENTED
BUSINESSES; ESTABLISHING DEFINITIONS; PROVIDING FOR
REGULATION OF EXTERNAL SIGNS; PROVIDING FOR A PENALTY
OF NOT MORE THAN TWO THOUSAND DOLLARS ($2,000) FOR EACH
VIOLATION THEREOF; PROVIDING A VALIDITY CLAUSE;
REPEALING ALL CONFLICTING ORDINANCES; DECLARING AN
EMERGENCY AND PROVIDING AN DATE.
there is clear and convincing documented evidence that sexually -oriented
businesses, because of their very nature, have serious objectionable operational
characteristics, particularly when several of them are concentrated and produce or result
in a deleterious effect upon the quality of life in such surrounding neighborhoods; and,
WHEREAS, there is clear and convincing evidence that sexually -oriented businesses,
because of their very nature, have a deleterious effect on both the existing businesses
around them and the surrounding residential areas adjacent to them, causing increased
crime and downgrading of property values; and
WHEREAS, it is the desire of the City of Allen to preserve the quality and character of
the City's businesses and neighborhoods, and to protect the property owners from undue
diminution in the values of the property; and
WHEREAS, the City Council of the City of Allen has determined that it is necessary to
regulate the location of certain sexually -oriented businesses to insure that these adverse
effects are minimized and controlled so as not to cause or contribute to crime or increase
blighting or downgrading of adjacent property in the surrounding neighborhoods; and
WHEREAS, the City Council, after determining that all legal requirements have been
satisfied, has further determined that the following amendments to the zoning laws
would provide for and be in the best interest of the health, safety, and general welfare
of the citizenry of Allen;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEAS:
SECTION 1: That Section 2.06 of Comprehensive Zoning Ordinance No. 829-11-87 of
the City of Allen, Texas, is hereby amended by inserting the following provisions:
Section 2.06
D. Sexually -Oriented Businesses
1. Purpose and Intent
a. It is the purpose of this ordinance to regulate the location of
sexually -oriented businesses to promote the health, safety, morals,
and general welfare of the citizens of the City, and to preserve the
quality, property values, integrity and character of the City's
neighborhoods, and other businesses, and protect the citizens of the
City of Allen from objectionable effects of sexually -oriented
businesses.
b. The provisions of this ordinance have neither the purpose nor the
intent of imposing a limitation or restriction on the content of any
communicative materials, including sexually -oriented materials.
Similarly, it is not the intent nor the effect of this ordinance to
restrict or deny access by adults to sexually -oriented materials
protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually -oriented entertainment to
their intended market.
2. Definitions
a. The term "Sexually -Oriented Business" shall be defined as an adult
arcade, adult bookstore or adult video store, adult cabaret, adult
motel, adult motion picture theater, adult theater, escort agency,
nude model studio or sexual encounter center, and more specifically
defined in Exhibit "A" attached hereto.
3. Geographic Location
a. It shall be a violation of this ordinance to locate or operate a
sexually -oriented business, as defined herein, within the City of
Allen within 1,000 feet of the district boundary line of any residential
zoning district, within 1,000 feet of any other sexually -oriented
business, or within 1,000 feet of the property line of any church,
hospital, public park, school or civic facility, day care center, day
nursery or kindergarten legally operating under the zoning laws of
the City of Allen.
b. For the purpose of this section, measurements shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part
of the premises where the sexually -oriented business is located to the
nearest property line of the premises of a church, public or private
Ordinance No. 1245-4-94 page 2
elementary or secondary school, or to the nearest boundary of a
district restricted to residential use by the zoning ordinance of the
City, or to the nearest boundary of a public park adjacent to a
district restricted to residential use.
C. Sexually -oriented businesses may be allowed by Specific Use Permit
in the General Business District and by right in those Planned
Development Districts in which the use is specifically listed as
allowable.
4. Compliance With Other Ordinances
a. Sexually -oriented businesses shall be subject to, and comply with,
the rules and provisions of the Building Code, Fire Code, and any
other applicable code or ordinance of the City of Allen. Where
conflict exists between the prescriptions established in this ordinance
and the requirements of the Building Code, Fire Code, or other
applicable code or ordinance of the City of Allen, then the more
restrictive requirement shall apply.
5. Exterior Signs
a. Exterior signs located on the building or premises of a sexually -
oriented business shall conform to the requirements of the Sign
Regulations Ordinance of the City of Allen. Such exterior sign shall
not advertise, either graphically or verbally, either by explicit or
literal expression, connotation, or implied reference, any specified
sexual activity or specified anatomical area, as defined by Ordinance
No. 1244-4-94 . Section I, Paragraph 2.
SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of
this ordinance shall be, and the same are hereby, repealed; provided, however, that all
other provisions of said ordinances not in conflict herewith shall remain in full force and
effect.
SECTION 3. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in
Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
SECTION 4. That it is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and
if any phrase, clause, sentence or section of this ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining
Ordinance No. 1245-4-94 Page 3
phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
SECTION 5. That it appears the rules and regulations governing the zoning and use of
land within the City of Allen are inadequate to ensure orderly future development and,
in order to protect the public interest, comfort and general welfare of the City of Allen,
creates an urgency and an emergency for the preservation of the public health, safety
and welfare, and requires that this ordinance shall take effect immediately from and
after its passage in accordance with the provisions of the Charter of the City of Allen,
and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 21 ST DAY OF APRIL , 1994.
� A4444�
Joie Farmer, MAYOR
M
APPROVED AS TO FORM: ATTEST:
A. on order, CITY ATTORNEY J dy M ' on, CMC, CITY SECRETARY
Ordinance No. 1245-4-94 Page 4
ORDINANCE NO. 1245-4-94
EXHIBIT "A"
DEFINITIONS
(1) ADULT ARCADE means any place to which the public is permitted or invited
wherein coin-operated or slug -operated or electronically-, electrically-. or mechanical-
ly -controlled still or motion picture machines, projectors or other image producing
devices are maintained to show images to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" or "specified anatomical areas."
(2) ADULT BOOKSTORE OR ADULT VIDEO STORE means a commercial estab-
lishment which as one of its principal business purposes offers for sale or rental for
any form of consideration any one or more of the following:
(A) books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides or other visual
representations which depict or describe "specified sexual activities" or "speci-
fied anatomical areas"; or
(B) instruments, devices or paraphernalia which are designed for use in connection
with "specified sexual activities."
(3) ADULT CABARET means a nightclub, bar, restaurant or similar commercial
establishment which regularly features:
(A) persons who appear in a state of nudity; or
(B) live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities"; or
(C) films, motion pictures, video cassettes, slides or other photographic reproduc-
tions which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
(4) ADULT MOTEL means a hotel, motel or similar commercial establishment which:
(A) offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit slides or other photographic reproductions which are
characterized by the depiction or description of "specified sexual activities" or
"specified anatomical areas"; and has a sign visible from the public right-of-
way which advertises the availability of this adult type of photographic repro-
ductions; or
ORDINANCE NO. 1245-4-94
(B) offers a sleeping room for rent for a period of time that is less than 10 hours;
or
(C) allows a tenant or occupant of a sleeping room to subrent the room for a period
of time that is less than 10 hours.
(5) ADULT MOTION PICTURE THEATER means a commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes, slides or similar
photographic reproductions are regularly shown which are characterized by the
depiction or description of "specified sexual activities" or "specified anatomical
areas."
(6) ADULT THEATER means a theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state of nudity or live
performances which are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities."
(9) ESCORT AGENCY means a person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes, for a
fee, tip or other consideration.
(10) NUDE MODEL STUDIO means any place where a person who appears in a state of
nudity or displays "specified anatomical areas" is provided to be observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by other persons who
pay money or any form of consideration.
(11) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that,
as one of its primary business purposes, offers for any form of consideration:
(A) physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
(B) activities between male and female persons and/or persons of the same sex
when one or more of the persons is in a state of nudity or semi -nudity.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Sexually Oriented Bus.
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wednesday, 'April 6, 1994
and which was issued on April 6, 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me thisday of%.D 19 5"/
V. A. TODD
W COWASSION EXPIRES
December 5. 1M
Publisher's fee $ 18 . 0 0
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, April 21. 1994, at 7-30 p.m in the
Council Chambers of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, to
consider a request to adopt an ordinance
providing regulations for the location of
sexually -oriented businesses.
The proposed sexual ly-onented business)
ordinance amends Comprehensive Zon-
ing Ordinance No 829-11-87, Section
2 08 by the addition of Section D, prowd-
inq regulations for the location of sexually -
oriented businesses: establishing defini-
tions, providing for regulation of external
signs; providing for a penalty, of not more
than two thousand dollars ($2,000) for
each violation thereof: providing a validity
clause:, repealing all conflicting ordi0
nances; declaring an emergency and pro
-I
an effective date
Anyone wishing to speak either FOR or,
AGAINST this issue is invited to attend this'
public hearing and voice his or her opinion
For further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120
s' Judy Morrison
City Sectetary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Sexually Oriented
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wednesday, February 23, 1994
and which was issued on February 23, 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this /3 day of A.D 19
V. A. TODD COMMIU �C�_
MY SSION IRESif
EXP
Decenw r a, um
PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 13 . 5 0
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen Plan-
ning & Zoning Commission will conduct a
I public hearing at their regular meeting to
be held on March 10; 1994, at 7:30 p.m. in
the Council Chambers of the Allen Munici-
pal Annex, One Butler Circle, Allen, Texas,
to consider amending Comprehensive
Zoning Ordinance No. 829-11-87, Section
2.06, by adding Paragraph D to include
requirements for Sexually Oriented Bu-
sinesses, to amend the Schedule of Uses
to allow Sexually Oriented Businesses in
specific use districts, and amend Section
2.10,, Definitions, to include definitions re-
lating to Sexually Oriented Businesses.
Anyone wishing to speak either FOR or
AGAINST this issue is invited to attend this
Public hearing and voice his or her opinion.
For further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120.
/s/ Bill Petty, Director of Community
Development
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Ordinance -#1245-4-94
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wednesday, April 27, 1994
and which was issued on April 27, 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND
SWORN to before me this /_3 day of ,A.D
�1
V. A. TODD
MY COMMISSION EXPIRES
December 5, 1996
Publisher's fee $ 18 .
1912(
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting on Thursday, April
21, 1994 (Title and Penalty Clause only).
Ordinance No. 1245-4-94: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance. No. 829-11-87, Section 2.06, by the
Addition of Section D, Providing Regula-
tions for the Location of Sexual ly-Onented
Businesses, Establishing Definitions; Pro-
viding' for Regulation of External. Signs,
Providing for a Penalty of not more than
Two Thousand Dollars ($2,000) for Each
Violation Thereof; Providing a Validity
Clause; Repealing all Conflicting Ordi-
nances; Declaring an Emergency and Pro-,
viding an Effective Date.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning' Ordinance No' '829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000 00) for each offense. ,
A copy of this ordinance may be read or
purchased in the office of the City Secret'
ary, City of Allen, Texas 75002-2773
/s! Judy Morrison
City_Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
Ordinance
124-4-94
of which the attached is a Stye and written copy, and which was published in THE
ALLEN AMERICAN on Sunday May 1. 1994
and which was issued on M a y 1, 19 9 4
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
fore me this 9 day of ,A.D 19 g�
V. A. TODD
MY COMMISSION EXPIRES
December 5, 1996
Publisher's fee $ 18 . 0 0
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN R t
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their"regular meeting on Thursday, April
21, 1.994 (Title and Penalty Clause only):
Ordinance No. 1245-4-94: An Ordinance
of the City of Allen, Collin County; Texas,
Amending Comprehensive Zoning Ord,
nance No. 829-11-87, Section'2.06, by the
Addition of Section D, Providing Regula
tions for the Location of Sexually. -Oriented
,Bysinesses; Establishing Definitions; Pro-
tviding for Regulation of External Signs;
I Providing for a Penalty ofdnot more than
,,TYvo,Thousand Dollars ($2,000),for,Eachg
i Violation Thereof; Providing a l,Validity„
.Clause; Repealing all Conflicting, Ordi
nances; Declaring an Emergency and Pro-
viding an Effective Date. . +
That any person, firm or corporatio6 viblat-
ting-any of the provisions or terms of this,
rordmance shall be subject to the•same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, Texas 75002-2773.
/s/ Judy Morrison
City Secretary