By Yarbrough H.B. No. 1051 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of the location of a sexually oriented 1-3 business selling alcoholic beverages. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage 1-6 Code, is amended by adding Section 109.61 to read as follows: 1-7 Sec. 109.61. RESTRICTION ON LOCATION OF SEXUALLY ORIENTED 1-8 BUSINESS. (a) A license or permit may not be issued to or renewed 1-9 for a sexually oriented business if any part of the premises of the 1-10 business is less than 3,000 feet from the nearest point on a 1-11 property line, as measured in a straight line, of a residential 1-12 neighborhood, church or other house of worship, public or private 1-13 school, playground, day-care facility, athletic field used by 1-14 persons under 18 years of age, park, stadium, or hospital. 1-15 (b) In this section: 1-16 (1) "Residential neighborhood" means an area that has 1-17 been zoned by a governmental entity for residential use or a 1-18 platted subdivision in which not less than 90 percent of the area 1-19 of the subdivision is composed of residential dwellings. 1-20 (2) "Sexually oriented business" means a sex parlor, 1-21 nude studio, modeling studio, love parlor, adult movie theater, 1-22 adult video arcade, adult movie arcade, adult video store, adult 1-23 motel, or other commercial enterprise the primary or secondary 1-24 business of which is the offering of a service or the selling, 2-1 renting, or exhibiting of devices or any other items intended to 2-2 provide sexual stimulation or sexual gratification to the customer. 2-3 The term does not include: 2-4 (A) a bookstore; 2-5 (B) a business operated by or employing a 2-6 licensed psychologist, licensed physical therapist, licensed 2-7 athletic trainer, licensed cosmetologist, or licensed barber 2-8 engaged in performing functions authorized under the license held; 2-9 or 2-10 (C) a business operated by or employing a 2-11 licensed physician or licensed chiropractor engaged in practicing 2-12 the healing arts. 2-13 SECTION 2. This Act takes effect September 1, 1995. 2-14 SECTION 3. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended.