By Brady, Bailey, Yarbrough, Rabuck, Yost H.B. No. 1711
74R6151 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the county regulation of a sexually oriented business
1-3 and the sale, possession, and consumption of alcoholic beverages on
1-4 the premises of a sexually oriented business; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 11, Alcoholic Beverage
1-7 Code, is amended by adding Section 11.375 to read as follows:
1-8 Sec. 11.375. APPLICATION FOR AND RENEWAL OF CERTAIN PERMITS
1-9 FOR SEXUALLY ORIENTED BUSINESS. (a) An application for a permit
1-10 or renewal of a permit for premises located in an unincorporated
1-11 area of a county must contain a sworn statement by the applicant as
1-12 to whether the establishment to be operated on the premises or part
1-13 of the premises is a sexually oriented business licensed by the
1-14 county.
1-15 (b) The county clerk of the county in which the premises are
1-16 located shall certify whether the location or address given in the
1-17 application is a location or address that has been licensed by the
1-18 commissioners court under Section 243.0075, Local Government Code,
1-19 to operate a sexually oriented business.
1-20 (c) A holder of a permit may not operate a sexually oriented
1-21 business on the premises if:
1-22 (1) the holder fails to state in the application for
1-23 the permit or renewal of the permit under which the premises are
1-24 being operated that the holder is operating or intends to operate a
2-1 sexually oriented business; and
2-2 (2) the premises are not licensed as a sexually
2-3 oriented business by the county in which the premises are located.
2-4 (d) In this section, "sexually oriented business" has the
2-5 meaning assigned by Section 243.002, Local Government Code.
2-6 SECTION 2. Subtitle A, Title 3, Alcoholic Beverage Code, is
2-7 amended by adding Chapter 54 to read as follows:
2-8 CHAPTER 54. NUDITY EXHIBITOR'S PERMIT
2-9 Sec. 54.001. DEFINITIONS. In this chapter:
2-10 (1) "Nude" has the meaning assigned by Section
2-11 243.002, Local Government Code.
2-12 (2) "Public place" includes any area on the premises
2-13 in which an employee or other person subject to control,
2-14 supervision, direction, or discharge by the permit holder performs
2-15 any portion of the person's work.
2-16 Sec. 54.002. AUTHORIZED ACTIVITY. A holder of a nudity
2-17 exhibitor's permit may allow a person to possess or consume on the
2-18 premises an alcoholic beverage during the time that the holder of
2-19 the permit allows an employee or other person subject to control,
2-20 supervision, direction, or discharge by the permit holder to be
2-21 nude at a public place on the premises covered by the permit.
2-22 Sec. 54.003. FEE. The annual state fee for a nudity
2-23 exhibitor's permit is $5,000.
2-24 Sec. 54.004. PERMIT REQUIRED; PENALTY. (a) A person
2-25 commits an offense if the person engages in conduct authorized by
2-26 Section 54.002 and does not hold a nudity exhibitor's permit.
2-27 (b) An offense under this section is a Class A misdemeanor.
3-1 SECTION 3. Subchapter B, Chapter 61, Alcoholic Beverage
3-2 Code, is amended by adding Section 61.375 to read as follows:
3-3 Sec. 61.375. APPLICATION FOR AND RENEWAL OF CERTAIN LICENSES
3-4 FOR SEXUALLY ORIENTED BUSINESS. (a) An application for a license
3-5 or renewal of a license for premises located in an unincorporated
3-6 area of a county must contain a sworn statement by the applicant as
3-7 to whether the establishment to be operated on the premises or part
3-8 of the premises is a sexually oriented business licensed by the
3-9 county.
3-10 (b) The county clerk of the county in which the premises are
3-11 located shall certify whether the location or address given in the
3-12 application is a location or address that has been licensed by the
3-13 commissioners court under Section 243.0075, Local Government Code,
3-14 to operate a sexually oriented business.
3-15 (c) A holder of a license may not operate a sexually
3-16 oriented business on the premises if:
3-17 (1) the holder fails to state in the application for
3-18 the license or renewal of the license under which the premises are
3-19 being operated that the holder is operating or intends to operate a
3-20 sexually oriented business; and
3-21 (2) the premises are not licensed as a sexually
3-22 oriented business by the county in which the premises are located.
3-23 (d) In this section, "sexually oriented business" has the
3-24 meaning assigned by Section 243.002, Local Government Code.
3-25 SECTION 4. Section 243.002, Local Government Code, is
3-26 amended to read as follows:
3-27 Sec. 243.002. DEFINITIONS <DEFINITION>. In this chapter:<,>
4-1 (1) "Nude" means:
4-2 (A) entirely unclothed; or
4-3 (B) clothed in a manner that leaves uncovered or
4-4 visible through less than fully opaque clothing any portion of the
4-5 breasts below the top of the areola of the breasts, if the person
4-6 is female, or any portion of the genitals or buttocks.
4-7 (2) "Sexually <"sexually> oriented business" means:
4-8 (A) a sex parlor, nude studio, modeling studio,
4-9 love parlor, adult bookstore, adult movie theater, adult video
4-10 arcade, adult movie arcade, adult video store, adult motel, or
4-11 other commercial enterprise the primary business of which is the
4-12 offering of a service or the selling, renting, or exhibiting of
4-13 devices or any other items intended to provide sexual stimulation
4-14 or sexual gratification to the customer; or
4-15 (B) any place of business permitting,
4-16 requesting, or requiring a person to work nude.
4-17 SECTION 5. Section 243.007, Local Government Code, is
4-18 amended to read as follows:
4-19 Sec. 243.007. LICENSES OR PERMITS ISSUED BY MUNICIPALITY.
4-20 (a) A municipality <or county> may require that an owner or
4-21 operator of a sexually oriented business obtain a license or other
4-22 permit or renew a license or other permit on a periodic basis for
4-23 the operation of a sexually oriented business. An application for
4-24 a license or other permit must be made in accordance with the
4-25 regulations adopted by the municipality <or county>.
4-26 (b) The municipal <or county> regulations adopted under this
4-27 chapter may provide for the denial, suspension, or revocation of a
5-1 license or other permit by the municipality <or county>.
5-2 (c) A district court has jurisdiction of a suit that arises
5-3 from the denial, suspension, or revocation of a license or other
5-4 permit by a municipality <or county>.
5-5 SECTION 6. Chapter 243, Local Government Code, is amended by
5-6 adding Section 243.0075 to read as follows:
5-7 Sec. 243.0075. LICENSES OR PERMITS ISSUED BY COUNTY. (a) A
5-8 county shall require the owner or operator of a sexually oriented
5-9 business to obtain a license or other permit or renew a license or
5-10 other permit on a periodic basis for the operation of a sexually
5-11 oriented business.
5-12 (b) An application for a license or other permit must be
5-13 made in accordance with the regulations adopted by the county.
5-14 (c) An applicant for a license or other permit shall publish
5-15 notice of the applicant's intent to apply for a license or other
5-16 permit in the same manner as an applicant for an alcoholic beverage
5-17 license or other permit under Sections 11.39(a) and (b) and
5-18 11.391(a) and (b), Alcoholic Beverage Code. The notice shall also
5-19 contain the time and place of the public hearing held under
5-20 Subsection (d).
5-21 (d) The commissioners court of the county may grant a
5-22 license or other permit only after conducting a public hearing on
5-23 the issuance or renewal of the license or other permit.
5-24 (e) The county regulations adopted under this section shall
5-25 provide for the denial, suspension, or revocation of a license or
5-26 other permit by the county.
5-27 (f) A district court has jurisdiction of a suit that arises
6-1 from the denial, suspension, or revocation of a license or other
6-2 permit by a county.
6-3 SECTION 7. This Act takes effect September 1, 1995, and
6-4 applies only to an application for an alcoholic beverage or
6-5 sexually oriented business permit or license or a renewal of an
6-6 alcoholic beverage or sexually oriented business permit or license
6-7 filed on or after the effective date of this Act. An application
6-8 for an alcoholic beverage or sexually oriented business permit or
6-9 license or a renewal of an alcoholic beverage or sexually oriented
6-10 business permit or license filed before the effective date of this
6-11 Act is governed by the law as it existed immediately before the
6-12 effective date of this Act, and that law is continued in effect for
6-13 that purpose.
6-14 SECTION 8. The importance of this legislation and the
6-15 crowded condition of the calendars in both houses create an
6-16 emergency and an imperative public necessity that the
6-17 constitutional rule requiring bills to be read on three several
6-18 days in each house be suspended, and this rule is hereby suspended.