By Yarbrough H.B. No. 1051 74R3780 CAG-D 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 5,000 feet from the nearest point on a 1-11 property line, as measured in a straight line, of a residential 1-12 neighborhood, church, public or private school, playground, 1-13 athletic field, park, stadium, or hospital. 1-14 (b) In this section: 1-15 (1) "Residential neighborhood" means an area that has 1-16 been zoned by a governmental entity for residential use or a 1-17 platted subdivision in which not less than 90 percent of the area 1-18 of the subdivision is composed of residential dwellings. 1-19 (2) "Sexually oriented business" means a sex parlor, 1-20 nude studio, modeling studio, love parlor, adult movie theater, 1-21 adult video arcade, adult movie arcade, adult video store, adult 1-22 motel, or other commercial enterprise the primary business of which 1-23 is the offering of a service or the selling, renting, or exhibiting 1-24 of devices or any other items intended to provide sexual 2-1 stimulation or sexual gratification to the customer. The term does 2-2 not include: 2-3 (A) a bookstore; 2-4 (B) a business operated by or employing a 2-5 licensed psychologist, licensed physical therapist, licensed 2-6 athletic trainer, licensed cosmetologist, or licensed barber 2-7 engaged in performing functions authorized under the license held; 2-8 or 2-9 (C) a business operated by or employing a 2-10 licensed physician or licensed chiropractor engaged in practicing 2-11 the healing arts. 2-12 SECTION 2. This Act takes effect September 1, 1995. 2-13 SECTION 3. The importance of this legislation and the 2-14 crowded condition of the calendars in both houses create an 2-15 emergency and an imperative public necessity that the 2-16 constitutional rule requiring bills to be read on three several 2-17 days in each house be suspended, and this rule is hereby suspended.