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.