O-1244-4-94ORDINANCE NO. 1244-4-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS,
AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES, CITY OF ALLEN,
TEXAS, BY ADDING REGULATIONS FOR SEXUALLY -ORIENTED
BUSINESSES; PROVIDING FOR A PENALTY; PROVIDING FOR A REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFEcrwE DATE;
AND DECLARING AN EMERGENCY.
WHEREAS, the City of Allen, Texas, desires to comply with recent United States Supreme Court
pronouncements relating to sexually -oriented businesses;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: MENT. Chapter 8, Licenses and Business Regulations, of the Code of
Ordinances, City of Allen, Texas, is hereby amended by adding the following language:
1. Purpose and intent.
2. Definitions.
3. Classification.
4. License required.
5. Issuance of license.
6. Fees.
7. Inspection.
8. Expiration of license.
9. Suspension.
10. Revocation.
11. Appeal.
12. Transfer of license.
13. Additional regulations for escort agencies.
14. Additional regulations for nude model studios.
15. Additional regulations for adult theaters and adult motion picture theaters.
16. Additional regulations for adult motels.
17. Regulations pertaining to exhibition of explicit films or videos.
18. Display of sexually explicit materials to minors.
19. Defenses.
20. Injunction.
21. Penalty.
1. PURPOSE AND INTENT.
It is the purpose of this ordinance to regulate sexually -oriented businesses, to promote the health, safety,
morals, and general welfare of the citizens of the City of Allen and to establish reasonable and uniform
regulations to prevent the concentration of sexually -oriented businesses within the City. The provisions
of this ordinance have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually -oriented materials. Similarly, it is not the
intent nor effect of this 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. Adult arcade means any place to which the public is permitted or invited wherein coin-
operated or slug -operated or electronically-, electrically-, or mechanically -controlled still or
motion picture machines, projectors or other image -producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where the images so displayed
are distinguished or characterized by the depicting or describing of "specified sexual activities"
or "specified anatomical areas."
b. Adult bookstore or adult video store means a commercial establishment which, as one of
its principal, accessory, or incidental business purposes, offers for sale or rental for any form of
consideration any one or more of the following:
(1) books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides or other visual
representations which depict or describe "specified sexual activities" or "specified
anatomical areas;" or
(2) instruments, devices or paraphernalia which are designed for use in connection
with "specified sexual activities."
C. Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment
which regularly features:
(1) persons who appear in a state of nudity; or
(2) live performances which are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities;" or
(3) films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of "specified
sexual activities" or "specified anatomical areas."
d. Adult motel means a hotel, motel or similar commercial establishment which:
(1) 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 reproductions; or
(2) offers a sleeping room for rent for a period of time that is less than 10 hours;
or
(3) allows a tenant or occupant of a sleeping room to sub -rent the room for a
period of time that is less than 10 hours.
e. 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."
f. 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."
g. Chief of police means the chief of police of the City of Allen or his designated agent.
h. Escort means a person who, for consideration, agrees or offers to act as a companion,
guide or date for another person, or who agrees or offers to privately model lingerie or to
Ordinance No. 1244-4-94 page 2
privately perform a strip -tease for another person.
i. 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.
j. Establishment means and includes any of the following:
(1) the opening or commencement of any sexually -oriented business as a new
business;
(2) the conversion of an existing business, whether or not a sexually -oriented
business, to any sexually -oriented business;
(3) the addition of any sexually -oriented business to any other existing sexually -
oriented business; or
(4) the relocation of any sexually -oriented business.
k. Licensee means a person in whose name a license to operate a sexually -oriented business
has been issued, as well as the individual listed as an applicant on the application for a license.
1. 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.
M. Operates or causes to be operated means to cause to function or to put or keep in
operation. A person may be found to be operating or causing to be operated a sexually -oriented
business whether or not that person is an owner, part owner or licensee of the business.
n. Nudity or state of nudity means:
(1) the appearance of a human bare buttock, anus, male genitals, female genitals
or female breast; or
(2) a state of dress which fails to opaquely cover a human buttock, anus, male
genitals, female genitals or areola of the female breast.
o. Person means an individual, proprietorship, partnership, corporation, association or
other legal entity.
P. Residential district means a single-family, duplex, garden home, town house or multi-
family district as defined in the Allen Comprehensive Zoning Ordinance.
q. Residential use means a single-family, duplex, garden home, town house or multi -family
district as defined in the Allen Comprehensive Zoning Ordinance.
r. Semi-nude means a state of dress in which clothing covers no more than the genitals,
pubic region and areola of the female breast, as well as portions of the body covered by
supporting straps or devices.
S. Sexual encounter center means a business or commercial enterprise that, as one of its
primary business purposes, offers for any form of consideration:
(1) physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
Ordinance No. 1244-4-94 page 3
(2) 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-nude.
t. Sexually -oriented business means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model
studio or sexual encounter center.
U. Specified anatomical areas means human genitals in a state of sexual arousal.
V. Specified sexual activities means and includes any of the following:
(1) the fondling or other erotic touching of human genitals, pubic region, buttocks,
anus or female breast;
(2) sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation or sodomy;
(3) masturbation, actual or simulated; or
(4) excretory functions as part of or in connection with any of the activities set forth
in (1) through (3) above.
W. Substantial enlargement of a sexually -oriented business means the increase in floor area
occupied by the business of more than 25 percent, as the floor area exists on the date of passage
of this ordinance.
X. Tranier of ownership or control of a sexually -oriented business means and includes any
of the following:
(1) the sale, lease or sublease of the business;
(2) the transfer of securities which constitute a controlling interest in the business,
whether by sale, exchange or similar means; or
(3) the establishment of a trust, gift or other similar legal device which transfers the
ownership or control of the business, except for transfer by bequest or other operation
of law upon the death of the person possessing the ownership or control.
3. CLASSIFICATION.
Sexually -oriented businesses are classified as follows:
a.
adult arcades;
b.
adult bookstores or adult video stores;
C.
adult cabarets;
d.
adult motels;
e.
adult motion picture theaters;
f.
adult theaters;
g.
escort agencies;
h.
nude modeling studios; and
Ordinance No. 1244-4-94 page 4
L sexual encounter centers.
4. LICENSE REQUIRED.
a. A person commits an offense if he operates a sexually -oriented business without a valid
license issued by the city for the particular type of business.
b. An application for a license must be made on a form provided by the chief of police.
The application must be accompanied by a sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the business. The sketch or
diagram need not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions or the interior of the premises to an accuracy of plus or minus six
inches.
C. The applicant must be qualified according to the provisions of this ordinance.
d. If a person who wishes to operate a sexually -oriented business is an individual, he must
sign the application for a license as applicant. If a person who wishes to operate a sexually -
oriented business is other than an individual, each individual who has a 20 percent or greater
interest in the business must sign the application for a license as applicant. Each applicant must
be qualified under section 5. and each applicant shall be considered a licensee if a license is
granted.
e. The fact that a person possesses a valid theater license, dance hall license or public
house of amusement license does not exempt him from the requirement of obtaining a sexually -
oriented business license. A person who operates a sexually -oriented business and possesses a
theater license, public house of amusement license or dance hall license shall comply with the
requirements and provisions of this section as well as the requirements and provisions of the
Allen Comprehensive Zoning Ordinance.
5. ISSUANCE OF LICENSE.
a. The chief of police shall issue a license to an applicant within thirty (30) days after
receipt of an application unless the chief of police finds one or more of the following to be true:
(1) An applicant is under 18 years of age.
�2) An applicant or an applicant's spouse is overdue in payment to the city of taxes,
ees, fines or penalties assessed against the applicant or the applicant's spouse in
relation to a sexually -oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of a
provision of this ordinance, other than the offense of operating a sexually -oriented
business without a license within two (2) years immediately preceding the application.
The fact that a conviction is being appealed shall have no effect.
(5) The license fee required by this ordinance has not been paid
(6) An applicant has been employed in a sexually -oriented business in a managerial
capacity within the preceding 12 months and has demonstrated an inability to operate
or manage a sexually -oriented business premises in a peaceful and law-abiding manner,
thus necessitating action by law enforcement officers.
Ordinance No. 1244-4-94 page 5
(7) An applicant or the proposed establishment is in violation of or is not in
compliance with any of the provisions of this ordinance.
(8) An applicant or an applicant's spouse has been convicted of a crime:
(a) involving:
(i) any of the following offenses as described in the Texas Penal
bode:
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution or display of harmful material to a
minor;
(gg) sexual performance by a child;
(hh) possession of child pornography;
(ii) any of the following offenses as described in the Texas Penal
Code:
(aa)
public lewdness;
(bb)
indecent exposure;
(cc)
indecency with a child;
(iii) sexual assault or aggravated sexual assault as described in the
Texas Penal Code;
(iv) incest, solicitation of a child or harboring a runaway child as
described in the Texas Penal Code; or
(v) criminal attempt, conspiracy or solicitation to commit any of
the foregoing offenses;
(b) for which:
(i) less than two years have elapsed since the date of conviction
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
(ii) less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii) less than five years have elapsed since the date of the last
Ordinance No. 1244-4-94 Page 6
conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of two or
more misdemeanor offenses or combination of misdemeanor offenses
occurring within any 24 -month period.
b. The fact that a conviction is being appealed shall have no effect on the disqualification
of the applicant or applicant's spouse.
C. An applicant who has been convicted or whose spouse has been convicted of an offense
listed in this section may qualify for a sexually -oriented business license only when the time
period required by this section has elapsed.
d. The license, if granted, shall state on its face the name of the person or persons to
whom it is granted, the expiration date, and the address of the sexually -oriented business. The
license shall be posted in a conspicuous place at or near the entrance to the sexually -oriented
business so that it may be easily read at any time.
6. FEES.
The annual fee for a sexually -oriented business license is $500.00.
7.
a. An applicant or licensee shall permit representatives of the police department, health
department, fire department, community development department and building inspection
division to inspect the premises of a sexually -oriented business for the purpose of insuring
compliance with the law at any time it is occupied or open for business.
b. A person who operates a sexually -oriented business or his agent or employees commits
an offense if he refuses to permit a lawful inspection of the premises by a representative of the
police department at any time it is occupied or open for business.
C. The provisions of this section do not apply to areas of an adult motel which are
currently being rented by a customer for use as a permanent or temporary habitation.
8. EXPIRATION OF LICENSE.
Each license shall expire one year from the date of issuance and may be renewed only by making
application as provided in this ordinance. Application for renewal should be made at least 30 days
before the expiration date, and when made less than 30 days before the expiration date, the expiration
of the license will not be affected.
9. SUSPENSION.
The chief of police shall suspend a license for a period not to exceed 30 days if he determines that a
licensee or an employee of a licensee has:
a. violated or is not in compliance with this ordinance;
b. engaged in excessive use of alcoholic beverages while on the sexually -oriented business
premises;
C. refused to allow an inspection of the sexually -oriented business as authorized by this
ordinance;
d. knowingly permitted gambling by any person on the sexually -oriented business premises;
1244 -4-94
Ordinance No. Page 7
e. demonstrated an inability to operate or manage a sexually -oriented business in a
peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
10. REVOCATION.
a. The chief of police shall revoke a license if a cause of suspension as described in section
9. occurs and the license has been suspended within the preceding 12 months.
b. The chief of police shall revoke a license if he determines that:
(1) a licensee gave false or misleading information in the material submitted to the
chief of police during the application process;
(2) a licensee or an employee has knowingly allowed possession, use or sale of
controlled substances on the premises;
(3) a licensee or an employee has knowingly allowed prostitution on the premises;
(4) a licensee or an employee knowingly operated the sexually -oriented business
during a period of time when the licensee's license was suspended;
(S) a licensee has been convicted of an offense;
(6) on two or more occasions within a 12 -month period, a person or persons
committed an offense occurring in or on the licensed premises of a crime listed in this
ordinance for which a conviction has been obtained, and the person or persons were
employees of the sexually -oriented business at the time the offenses were committed;
(7) a licensee or an employee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed
premises. The term sexual contact shall have the same meaning as it is defined in the
Texas Penal Code; or
(8) a licensee is delinquent in payment to the city for hotel occupant taxes, ad
valorem taxes or sales taxes related to the sexually -oriented business;
C. The fact that a conviction is being appealed shall have no effect on the revocation of
the license.
d. Subsection b.(7) above does not apply to adult motels as a ground for revoking the
license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy,
oral copulation, masturbation or sexual contact to occur in a public place or within public view.
e. When the chief of police revokes a license, the revocation shall continue for one year
and the licensee shall not be issued a sexually -oriented business license for one year from the
date revocation became effective. If, subsequent to revocation, the chief of police finds that the
basis for the revocation has been corrected or abated, the applicant may be granted a license if
at least 90 days have elapsed since the date the revocation became effective.
11. APPEAL.
If the chief of police denies the issuance of a license or suspends or revokes a license, the chief of police
shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the
action and the right to an appeal. Upon receipt of written notice of the denial, suspension or
revocation, the licensee whose application for a license has been denied or whose license has been
suspended or revoked shall have the right to appeal to the state district court. An appeal to the state
district court must be filed within 30 days after the receipt of notice of the decision of the chief of
Ordinance No. 1244-4-94 Page 8
police. The licensee shall bear the burden of proof in court.
12. TRANSFER OF LICENSE.
A licensee shall not transfer his license to another nor shall a licensee operate a sexually -oriented
business under the authority of a license at any place other than the address designated in the
application.
13. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
a. An escort agency shall not employ any person under the age of 18 years.
b. A person commits an offense if he acts as an escort or agrees to act as an escort for
any person under the age of 18 years.
14. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
a. A nude model studio shall not employ any person under the age of 18 years.
b. A person under the age of 18 years commits an offense if he appears in a state of
nudity in or on the premises of a nude model studio. It is a defense to prosecution under this
subsection if the person under 18 years was in a rest -room not open to public view or persons
of the opposite sex.
C. 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 nude model studio premises which can be
viewed from the public right-of-way.
d. 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.
15. ADDITIONAL REGULATIONS FOR ADULT TITEATERS AND ADULT MOTION
PICTURE TBEATERS.
a. A person commits an offense if he knowingly allows a person under the age of 18 years
in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
b.' A person under the age of 18 years commits an offense if he knowingly appears in a
state of nudity in or on the premises of an adult theater or adult motion picture theater.
C. It is a defense to prosecution under subsections a. and b. of this section if the person
under 18 years was in a rest -room not open to public view or persons of the opposite sex.
16. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
a. Evidence that a sleeping room in a hotel, motel or similar commercial establishment
has been rented and vacated two or more times in a period of time that is less than 10 hours
creates a rebuttable presumption that the establishment is an adult motel as that term is defined
in this ordinance.
b. A person commits an offense if, as the person in control of a sleeping room in a hotel,
motel or similar commercial establishment that does not have a sexually -oriented business
license, he rents or sub -rents a sleeping room to a person and, within 10 hours from the time the
room is rented, he rents or sub -rents the same sleeping room again.
C. For purposes of subsection b. of this section, the terms rent or sub -rent mean the act
of permitting a room to be occupied for any form of consideration.
Ordinance No. 1244-4--94 Page 9
17. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR
VIDEOS.
a. A person who operates or causes to be operated a sexually -oriented business, other than
an adult motel, which exhibits on the premises, in a viewing room of less than 150 square feet
of floor space, a film, video cassette or other video reproduction which depicts specified sexual
activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for the sexually -oriented business license, the application shall
be accompanied by a diagram of the premises showing a plan thereof specifying the
location of one or more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons will not be
permitted. A manager's station may not exceed 32 square feet of floor area. The
diagram shall also designate the place at which the permit will be conspicuously posted
if granted. A professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be drawn to a
designated scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy of plus or minus
six inches. The chief of police may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered since it was
prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be
made without the prior approval of the chief of police or his designee.
(4) It is the duty of the owners or operator of the premises to ensure that at least
one employee is on duty and situated in each manager's station at all times that any
patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is
an unobstructed view from a manager's station of every area of the premises to which
any patron is permitted access for any purpose excluding rest -rooms. Rest -rooms may
not contain video reproduction equipment. If the premises has two or more manager's
stations designated, then the interior of the premises shall be configured in such a
manner that there is an unobstructed view of each area of the premises to which any
patron is permitted access for any purpose from at least one of the manager's stations.
The view required in this subsection must be by direct line of sight from the manager's
station. _
(6) It shall be the duty of the owners and operator, and it shall also be the duty of
any agents and employees present in the premises, to ensure that the view area
specified in subsection (5) remains unobstructed by any doors, walls, merchandise,
display racks or other materials at all times that any patron is present in the premises
and to ensure that no patron is permitted access to any area of the premises which has
been designated as an area in which patrons will not be permitted in the application
filed pursuant to subsection (1) of this section.
(7) The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than one (1.0) foot candle measure at the floor level.
(8) It shall be the duty of the owners and operator and it'shall also be the duty of
any agents and employees present in the premises to ensure that the illumination
Ordinance No. 1244-4-94 Page 10
described above is maintained at all times that any patron is present in the premises.
b. A person having a duty under subsections (1) through (8) of subsection a. above
commits an offense if he knowingly fails to fulfill that duty.
18. DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.
a. A person commits an offense if, in a business establishment open to persons under the
age of 17 years, he displays a book, pamphlet, newspaper, magazine, film or video cassette, the
cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial
gain, any of the following:
(1) human sexual intercourse, masturbation or sodomy;
(2) fondling or other erotic touching of human genitals, pubic region, buttocks or
female breasts;
(3) less than completely and opaquely covered human genitals, buttocks or that
portion of the female breast below the top of the areola; or
(4) human male genitals in a discernable turgid state, whether covered or
uncovered.
b. In this section display means to locate an item in such a manner that, without obtaining
assistance from an employee of the business establishment:
(1) it is available to the general public for handling and inspection; or
(2) the cover or outside packaging on the item is visible to members of the general
public.
19. DEFENSE.
It is a defense to prosecution under this ordinance that a person appearing in a state of nudity did so
in a modeling class operated:
a. by a proprietary school licensed by the State of Texas, a college, junior college or
university supported entirely or partly by taxation; or
b. by a private college or university which maintains and operated educational programs
in which credits are transferrable to a college, junior college or university supported entirely or
partly by taxation; or
C. in a structure:
(1) which has no sign visible from the exterior of the structure and no other
advertising that indicates a nude person is available for viewing;
(2) where in order to participate in a class a student must enroll at least three days
in advance of the class; and
(3) where no more than one nude model is on the premises at any one time.
20. INJUNCTION.
A person who operates or causes to be operated a sexually -oriented business without a valid license or
in violation of the Allen Comprehensive Zoning Ordinance is subject to a suit for injunction as well as
Ordinance No. 1244-4-94 page 11
prosecution for criminal violations.
21. PENALTY.
Any person, firm or corporation who violates any provision of this ordinance shall be deemed guilty of
a misdemeanor and, upon conviction thereof in the Municipal Court, shall be subject to a fine of not
more than $500.00 for each offense; and each and every day such offense is continued shall constitute
a new and separate offense.
SECTION 2: REPEALER.. Every ordinance or parts of ordinances found to be in conflict herewith
are hereby repealed.
SECTION 3: SEVERABILITY CLAUSE. 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 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 4: EFFECIIVE DATE. This ordinance shall take effect and be in full force and effect
from and after the date of its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 21 ST DAY OF APRIL , 1W4,
APF O .AS TO FORM:
a
A. Don Crowder, CITY ATTORNEY
APPROVED:
ce Farmer, MAYOR
ATT'ES'T':
Z - ;' 011 wen�t , 7 7- m
4 M r! 16
Ordinance No. 1244-4-94 Page 12
CITY OF ALLEN
SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION
Application Received
In Person Mail
Date
By
Type of Sexually Oriented Business License Applying For:
Adult Arcade Adult Cabaret
Adult Bookstore/Video Store Adult Theater
Adult Motion Picture Theater Nude Modeling
Studio
Escort Agency
Sexual Encounter Adult Motel
The City of Allen Ordinance #1244-4-94 states that the "Chief of
Police" shall not issue a license to a person who fails to answer
or falsely answers a question or request for information on the
application.
Please answer the following questions under oath:
Applicant's Full Name Race Sex
Applicant's Address
Phone No.
M
DL#
Spouse's Name DOB
Race Sex DL#
Business Name/Location Address
t
CITY OF ALLEN
SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION
Application Received
In Person Mail
Date
By
Type of Sexually Oriented Business License Applying For:
Adult Arcade Adult Cabaret
Adult Bookstore/Video Store Adult Theater
Adult Motion Picture Theater Nude Modeling
Studio
Escort Agency
Sexual Encounter Adult Motel
The City of Allen Ordinance #1244-4-94 states that the "Chief of
Police" shall not issue a license to a person who fails to answer
or falsely answers a question or request for information on the
application.
Please answer the following questions under oath:
Applicant's Full Name Race Sex
Applicant's Address
Phone No.
M
DL#
Spouse's Name DOB
Race Sex DL#
Business Name/Location Address
Page -2-
Owner of Building
If you sublease, give name and address of Lessor:
Partnership, Corporation or Private Club Name
Mailing Address Zip
Phone Number
Officers of entity applying for license:
1. Name Race Sex
DL # Home Address
City State Zip Phone
Relationship to Business
2. Name Race Sex
DL #
City
Home Address
State Zip Phone
Relationship to Business
3. Name
DL #.
City
Home Address
State Zip
Race Sex
Manager of Location
Race Sex DOB DL#
Address Phone
Phone
r
Page -3-
Contact Person: Representatives of the Police Department, Health
Department, Fire Department and Building Inspection Division
require a name and phone number of a person whom they should
contact for their inspections.
Name
Phone No.
Have you or any other person listed on this application ever been
arrested other than for minor traffic violations? If yes, list and
name all arrests below:
Name
M:*-
Charge
Disposition
Charge
Disposition
Charge
Disposition
Charge
Disposition
Name
Charge
Disposition
Charge
Disposition
Charge
Disposition
Charge
Disposition
DL#
Yr.—
Yr.—
Yr.
r._Yr._Yr.
Yr._
DL#
Yr._
Yr._
Yr._
Yr.
Is any person required to be disclosed on this application as an
applicant, spouse or officer overdue in his or her payment to the
City of Allen for taxes, fees or penalties? If so please explain:
Page -4-
1. Have you or any other person required to be disclosed on this
application ever owned an interest in a sexually oriented business?
YES NO
If so, please state:
(i) the person's name:
(ii) the time period during which he/she held the interest in
the business•
(iii) his or her ownership interest in the sexually oriented
business•
(iv) the type of sexually oriented business:
(v) the name of the sexually oriented business:
(vi) the location of the business:
2. Have you or any other person required to be disclosed on this
application ever been a partner in a partnership or owned stock in
a corporation that owned, or owned an interest in, a sexually
oriented business?
YES NO
In so please state:
(i) the person's name:
R•:
(ii) the relationship the person had with the partnership or
corporation•
Page -5-
(iii) the time period during which he or she was involved in
the partnership or corporation:
(iv) the partnership or corporation's interest in the
sexually oriented business:
(v) the type of sexually oriented business:
(vi) the name of the sexually oriented business:
(vii) the location of the business:
3. Have your or any other person required to be disclosed on this
application owned an interest in property on which a sexually
oriented business was located during the three years prior to the
date of this application?
YES NO
If so, please state:
(i) the person's name:
DOB
(ii) the time period during which he/she held the interest in
the property:
(iii) his or her ownership interest in the property:
(iv) the type of sexually oriented business operating on the
property:
(v) the location of the property:
Page -6-
(vi) Please state to whom the property was leased (including
partners and officers if other than a real person) and
the terms of the lease:
4. Have you or any other person required to be disclosed on this
application ever been a partner in a partnership or owned stock in
a corporation that owned, or owned an interest in, property on
which a sexually oriented business was operating during the three
years prior to the date of this application?
YES NO
If so please state:
(i) the person's name:
DOB
(ii) the relationship the person has with the partnership or
corporation•
(iii) the time period during which he/she was involved in the
partnership or corporation: e
(iv)
the partnership or corporation's interest in the
property:
(v) the type of sexually oriented business operating on the
property:
(vi) the location of the property:
1
Page -7-
Each applicant is required to supplement this application if the
applicant becomes aware that any of the information provided
therein was incomplete or incorrect when made or is no longer
complete or correct. Failure to keep the information on the
application current will result in revocation of the sexually
oriented business license.
In accordance with City of Allen Ordinance, Section 4D, License
Required, "If a person who wishes to operate a sexually oriented
business other than an individual, each individual who has a 20
percent or greater interest in the business must sign the
application for a license as applicant."
Applicant
Applicant
Applicant
Applicant
Applicant
This application form must be accompanied by a sketch or diagram
showing the configuration of the premises, including a statement of
total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a
designated scale or drawn with marked dimensions or the interior of
the premises to an accuracy of plus or minus six inches.
Page -8-
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, the undersigned authority, on this day personally
appeared: who being by me duly sworn,
deposes and says that he/she has carefully read the foregoing
application and that all the facts and statements made therein are
true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this day of
A.D., 19
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, the undersigned authority, on this day personally
appeared: who being by me duly sworn,
deposes and says that he/she has carefully read the foregoing
application and that all the -facts and statements made therein are
true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this day of
A.D., 19
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, the undersigned authority, on this day personally
appeared: who being by me duly sworn,
deposes and says that he/she has carefully read the foregoing
application and that all the facts and statements therein are true
and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this day of
A.D., 19
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
Page -9-
STATE OF TEXAS )
COUNTY OF COLLIN )
BEFORE ME, the undersigned authority, on this day personally
appeared: who being by me duly sworn,
disposes and says that he/she has carefully read the foregoing
application and that all the facts and statements made therein are
true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME this day of
A.D., 19
NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS
FOR OFFICE USE ONLY
Investigated by Officer
Approved Denied
Supervisor's Approval
Health Dept. Approved
Fire Approved
Fire Denied
Bldg. Approved
Bldg. Denied
Health Dept. Denied Tax Approved
Fee Paid: Amount Date Tax Denied
Check Money Order Other
I]
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 #1244-4-94
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on Wednesday, April 2 7, 1994
and which was issued on April 27. 1994
of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication7'ttached hereto.
SUBSCRIBED AND SWORN to before me this day of -G%A.D 19_!Z�
V. A. TODD
MY COMMISSION EXPIRES
December 5, 19M
Publisher's fee $ 1 1 . 2 5
M/
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
""CITYOF� N
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following or Thursdayyt
their regular meeting
April 21, 1994 (Title only):nce
pfrdrina
the City of Allen4 Cblhn Coun4i An OtyaTexas,
Amending Chapter 8 of the Code 61 Or&
nances, City of Allen, Texas, by
Adding
Regulations for S fog alP�ajYtProed Bd
sinesses; Providing for Severabil
in g for a Repealer; Providing
ity; Providing for an Effective Date; an(
Declaring an Emergency. be read c
A copy of this ordinance may
purchased in the Texasffice fthe 7500212773cre'
/s/ City of
rrllen ,rison
/sl Judy
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 oontinously for more than twelve (12) months prior to publishing
Ordinance #1244-4-94
of which the attached is a true 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 df Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 9 day
V. A. TODD
MY COMMISSION EXPIRES
December 5, 1M
Publisher's fee $1 1 . 2 5
19 9v
PUBLIC in and for COLLIN COUNTY, TEXAS
-- CITY OF ALL-EN
PUBLIC NOTICE
vNotice is hereby given that the Allen Cityl
:Council adopted the following ordinance at
their regular meeting held on Thursday,
April 21, 1994 (Title only):
Ordinance No 1244-4-94• An Ordinance
of the City of Allen, Collin County, Texas,
Amending Chapter'8 of the Code of Ordi-I
fnances, City of Allen, Texas, by Adding
Regulations for Sexually -Oriented Bu -I
ksmesses; Providing for a Penalty, Provid-
'
Ing for a Repealer; Providing for
Severabil-ity; Providing for an Effective Date; and III
Declaring an Emergency.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, Texas 75002-2773.
I/s/ Judy Morrison
City Secretary