By Ratliff S.B. No. 782
74R5328 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to regulation of the sale, possession, and consumption of
1-3 alcoholic beverages on the premises of a sexually oriented
1-4 business.
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 PERMIT FOR
1-9 SEXUALLY ORIENTED BUSINESS. (a) An application for a permit or
1-10 renewal of a permit must contain a sworn statement by the applicant
1-11 as to whether the establishment to be operated on the premises or
1-12 part of the premises is a sexually oriented business.
1-13 (b) The county clerk of the county, if the premises is
1-14 located in an unincorporated area of a county, or the clerk or
1-15 secretary of the municipality, if the premises is located in a
1-16 municipality, in which an application for a permit or a renewal of
1-17 a permit is made shall certify whether the location or address
1-18 given in the application is an area in which sale, possession, or
1-19 consumption of alcoholic beverages on the premises of a sexually
1-20 oriented business has been prohibited under Section 109.57.
1-21 (c) A holder of a permit may not operate a sexually oriented
1-22 business on the premises if:
1-23 (1) the holder fails to state in the application for
1-24 the permit or renewal of the permit under which the premises is
2-1 being operated that the holder is operating or intends to operate a
2-2 sexually oriented business; and
2-3 (2) the premises is located in an area where the sale,
2-4 possession, or consumption of alcoholic beverages on the premises
2-5 of a sexually oriented business has been prohibited under Section
2-6 109.57.
2-7 (d) In this section, "sexually oriented business" has the
2-8 meaning assigned by Section 109.57.
2-9 SECTION 2. Subchapter B, Chapter 61, Alcoholic Beverage
2-10 Code, is amended by adding Section 61.375 to read as follows:
2-11 Sec. 61.375. APPLICATION FOR AND RENEWAL OF LICENSE FOR
2-12 SEXUALLY ORIENTED BUSINESS. (a) An application for a license or
2-13 renewal of a license must contain a sworn statement by the
2-14 applicant as to whether the establishment to be operated on the
2-15 premises or part of the premises is a sexually oriented business.
2-16 (b) The county clerk of the county, if the premises is
2-17 located in the unincorporated area of a county, or the clerk or
2-18 secretary of the municipality, if the premises is located in a
2-19 municipality, in which an application for a license or a renewal of
2-20 a license is made shall certify whether the location or address
2-21 given in the application is an area in which the sale, possession,
2-22 or consumption of alcoholic beverages on the premises of a sexually
2-23 oriented business has been prohibited under Section 109.57.
2-24 (c) A holder of a license may not operate a sexually
2-25 oriented business on the premises if:
2-26 (1) the holder fails to state in the application for
2-27 the license or renewal of the license under which the premises is
3-1 being operated that the holder is operating or intends to operate a
3-2 sexually oriented business; and
3-3 (2) the premises is located in an area where the sale,
3-4 possession, or consumption of alcoholic beverages on the premises
3-5 of a sexually oriented business has been prohibited under Section
3-6 109.57.
3-7 (d) In this section, "sexually oriented business" has the
3-8 meaning assigned by Section 109.57.
3-9 SECTION 3. Section 109.57, Alcoholic Beverage Code, is
3-10 amended by adding Subsections (e), (f), and (g) to read as follows:
3-11 (e) A municipality by ordinance or county by order may
3-12 prohibit or restrict the sale, possession, or consumption of an
3-13 alcoholic beverage on the premises of a sexually oriented business.
3-14 (f) The commission may not issue a permit or license to a
3-15 person or renew a permit or license of a person who intends to
3-16 operate or is operating a sexually oriented business if the
3-17 premises is located in an area in which the sale, possession, or
3-18 consumption of alcoholic beverages has been prohibited under
3-19 Subsection (e).
3-20 (g) In this section, "sexually oriented business" has the
3-21 meaning assigned by Section 243.002, Local Government Code.
3-22 SECTION 4. Section 243.002, Local Government Code, is
3-23 amended to read as follows:
3-24 Sec. 243.002. DEFINITIONS <DEFINITION>. In this chapter:<,>
3-25 (1) "Nude" means:
3-26 (A) entirely unclothed; or
3-27 (B) clothed in a manner that leaves uncovered or
4-1 visible through less than fully opaque clothing any portion of the
4-2 breasts below the top of the areola of the breasts, if the person
4-3 is female, or any portion of the genitals or buttocks.
4-4 (2) "Sexually <"sexually> oriented business" means:
4-5 (A) a sex parlor, nude studio, modeling studio,
4-6 love parlor, adult bookstore, adult movie theater, adult video
4-7 arcade, adult movie arcade, adult video store, adult motel, or
4-8 other commercial enterprise the primary business of which is the
4-9 offering of a service or the selling, renting, or exhibiting of
4-10 devices or any other items intended to provide sexual stimulation
4-11 or sexual gratification to the customer; or
4-12 (B) any place of business permitting,
4-13 requesting, or requiring a person to work nude.
4-14 SECTION 5. Section 243.006, Local Government Code, is
4-15 amended by adding Subsection (c) to read as follows:
4-16 (c) A municipality or county may enact a restriction or
4-17 prohibition under Section 109.57(e), Alcoholic Beverage Code. If
4-18 the municipality enacts a prohibition or restriction under this
4-19 subsection, the governing body of the municipality or the county
4-20 shall notify the clerk or secretary of the municipality or the
4-21 county clerk, as appropriate, of the restriction or prohibition.
4-22 SECTION 6. This Act takes effect September 1, 1995, and
4-23 applies to an application for a permit or license or a renewal of a
4-24 permit or license filed on or after the effective date of this Act.
4-25 An application for a permit or license or a renewal of a permit or
4-26 license filed before the effective date of this Act is governed by
4-27 the law as it existed immediately before the effective date of this
5-1 Act, and that law is continued in effect for that purpose.
5-2 SECTION 7. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended.