R-1222-2-94RESOLUTION NO. 1222-2-94(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, FINDING THAT A SEXUALLY -ORIENTED
BUSINESS IS A NEW AND UNLISTED USE; ESTABLISHING DEFINITIONS;
AND DECLARING THE APPROPRIATE DISTRICTS FOR SUCH USE.
WHEREAS, the City of Allen has been requested to interpret whether a "Sexually -Oriented
Business" is a new and unlisted use within the definitions and schedule of uses of the City's
Comprehensive Zoning Ordinance; and,
WHEREAS, Section 2.08 of the Comprehensive Zoning Ordinance of the City of Allen delineates
the appropriate procedure regarding new and unlisted uses; and,
WHEREAS, the Planning and Zoning Commission in the following those procedures, finds that a
Sexually -Oriented Business is a new and unlisted use and is recommending that the City Council
declare the appropriate districts for this use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1: For purposes of interpretation and finding, 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.
SECTION 2: The Allen Planning and Zoning Commission and City Council agree that this is a
new and unlisted use.
SECTION 3: The City Council finds this use shall be allowed by Specific Use Permit in the
General Business District, and by right in Planned Development Districts.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 17TH DAY OF FEBRUARY , 1994.
10
ATTEST:
4Jy ��tn, CMC, CITY SECRETARY
APPROVED:
Joe Farmer, MAYOR
RESOLUTION NO. 1222-2-94 (R
EXHIBIT "A"
(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. It
(2) ADULT BOOKSTORE OR ADULT VIDEO STORE means a commercial estab-
lishment which as one its principal business purposes offers for sale or rental for any
form of consideration any one or more of the following:
(A) books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes or video reproductions, slides or other visual
representations which depict or describe "specified sexual activities" or
"specified anatomical areas"; or
(B) instruments, devices or paraphernalia which are designed for use in connection
with "specified sexual activities."
(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
RESOLUTION NO. 1222-2-94(R)
EXHIBIT "A"
(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, sculptures, photographs 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-nude.