1. society
2. crime
3. drug trafficking

Adam Harding, Council District
#1
db
xiJi#'-?3lil3i;,lllliiji,lliii'i!-' P_0-l_c.glj-e
Thompson, Council District #4
Wendy Ellis, City Manager
J""l1T#iii,i!i::luH:T;
,oseph
Council District #5
Steve Presley, Council District #6
Therrell Thomas, Mayor
NOTICE OF MEETING
CITY COUNCIL AGENDA
Monday, lanuary 12,2015
Work Session @ 4:30 p.m., City Hall Conference Room
Regular Meeting @ 5:30 p.m., City Council Chambers
504 N. Queen Street
Palestine, Texas
The City Council may meet in closed session regarding any item on this agenda
permitted by Subchapter D ofChapter 551 ofthe Texas Government Code.
if
necessary, as
WORK SESSION - 4:30
Discuss proposed amendment to the regulations for sexually oriented businesses as found in the
Palestine Code of ordinances, Chapter 26, Article Vll
1)
REGULAR MEETING - 5:30
CALL TO ORDER
A.
B.
INVOCATION AND PLEDGE OF ALLEGIANCE
lnvocation followed by Pledge ofAllegiance
C.
PUBLIC COMMENTS. PUBLIC RECOGNITION, AND ANNOUNCEMENTS
D.
OATH OF OFFICE FOR NEWLYAPPOINTED COUNCILMEMBER
E.
CONFLICT OF INTEREST DISCLOSURES
F.
MAYOR'S REPORT
G.
ITEMS FROM COUNCIL
1J Update on Attendance, Upcoming Activities, and Future Development at the Texas State Railroad
Update on South End Preservation
Update on Community Events
2)
3)
H.
I.
CITY MANAGER'S REPORT
Departmental Reporl
Development Services
l)
Municipal Court
Library
BOARD APPOINTMENTS
Consider appointments to Charter Review Committee:
Ray Charles Emanuel, Alternate District 3
Mike Davis, Alternate - District 6
1)
2)
I.
al
b)
c)
a.
b.
Consider appointment
Flowers - District 5
CONSENT AGENDA
of Bob Herrington to chafter Review committee replacing
Andrew
The Consent ltems shall be considered for action as a whole, unless one or more Councilmembers
objects. Approval of the consent agenda authorized the City Manager to implement each item in
accordance with staff recommendations.
1] Consider approval of proposed Land Lease for a manufactured home for office and living
quarters at the Palestine Municipal Airport
K,
REGUTI\RAGENDA
1) Consider an Ordinance amending the regulations for sexually oriented businesses as found in the
Palestine Code ofOrdinances, Chapter 26, Businesses, Article Vll
L.
ADIOURN
CERTIFICATION
authority, do hereby ceftiry that this Notice of Meeting was posted on the outdoor bulletin
on qhC following date and time:
board at the main entrance to City Hall, 504 N. Queen Street,
I, the undersigned
Teresa Herrera, City Secretary
In compliance with the Americans with Disabilities Act, the City of Palestine will provide for
reasonable accommodations for persons attending City Council meetings. Requests for
accommodations or interpretive services must be made 48 hours prior to the meetings. Please contact
the City secretary's office for further information at 903'731-44L4.
DEVELOPMENT SERVICES DEPARTMENT
MONTHLY REPORT
December 2014
DEPARTMENT DIVISIONS
Planning And Development
Building Inspections/Permitting
Health Inspections
Historic Preservation
Code Enforcement
Permit Summary
January--December 2014
December 2014
$15,337.48
Permit Revenue
$102,000
Permit Revenue
Totals include all activities requiring a permit
and license issued by Development Services
BUILDING PERMITTING AND CONSTRUCTION
Current Construction Projects
Palestine Toyota
2728 S. Loop 256
Under Construction
Whataburger
1717 S. Loop 256
Demolition In Progress
Cartmell Home
2212 W. Reagan Street
Assisted Living Facility (New)
New Certificates of Occupancy Issued (New Business)
El Tejano
300 W. Palestine Avenue
New Mobile Food Unit
Sanderson Farms Hatchery
400 Willow Creek Parkway
New Occupancy
Pierce Builders, Inc.
2400 W. Oak Street
New Occupancy
Papa Murphy's
2037 Crockett Road
New Occupancy
Commercial and Residential Building Permits Issued
Walmart Money Center
2223 S. Loop 256
Check Cashing Services
Wildcat Golf Course
2130 Country Club Road
Pro Shop for Golf Course
Whataburger
1717 S. Loop 256
Demolition and Reconstruction
The Washtub
513 Old Elkhart Road
Expansion of Washateria
Residential
113 W. Spring Street
Two Family Dwelling
Residential
119 Trail Hollow
Single Family Dwelling
Development Services
December 2014 Monthly Activity
Permit Revenue and Building Permitting (2010 through 2014)
Permit revenue includes the
following:
Zoning and plat fees
Building permits
Electrical
Plumbing
Mechanical
Public improvements
Health license
Alarms (commercial)
Permit Revenue
$120,000
$100,000
$80,000
$60,000
$40,000
$20,000
$0
120
100
80
60
40
20
0
$101,988
$93,812
$62,464
2010
113
2011
$75,973
$51,784
2012
2013
2014
Building permits include the
following activities:
Commercial remodels, additions
and new buildings
Residential remodels, additions
and new residences
Building Permits Issued
2010
80
75
2011
2012
82
2013
100
2014
Code Enforcement (Substandard Structures)
No substandard structures were demolished in the month of December.
Substandard Structure Demolitions (2008 through 2014)
25
20
15
10
5
0
20
8
2008
10
4
2009
2010
8
2011
5
4
2012
2013
2014
Building and Standards Commission
Recommended adopting the following building codes:
• 2012 International Plumbing Code
• 2012 International Mechanical Code
• 2012 International Fuel Gas Code
Page | 2
Development Services
December 2014 Monthly Report
Historic Preservation (Fiscal year report from the Historic Preservation Officer)
In 2014, the review process for alterations to historic structures was streamlined to provide
more convenience for Certificate of Appropriateness applicants, while continuing to protect
historic neighborhood character. This was accomplished through increased use of
administrative review, as well as increasing flexibility of review for non-contributing and nonhistoric buildings within historic districts.
Certificates of Appropriateness
In 2014, most repairs with property owners did not require a formal Certificate of
Appropriateness, since all repairs did not change the design or material used. In 2014, 16
projects involved enough changes to require a COA. Of these, through consultation of options
and available resources with staff, 15 of these were approved without changes, and 8 of them
were able to be approved administratively, without any delays to applicant. In 2014, one
application was approved contingent upon suggested changes to the proposed project.
Addressing Non-compliant Projects
In 2014, three projects were initiated without COAs or accompanying necessary permits.
Through communication between Historic Preservation officer, Building Official, and property
owners, these situations were resolved to the satisfaction of all parties.
Preservation Handbook
The Preservation Handbook, which was created in late 2013, was utilized in 2014 and
distributed to interested property owners, realtors, and contractors, to provide a brief
summary of policy and sources of information related to maintenance of historic properties.
Downtown Historic Resources Survey
Utilizing a CLG grant from the Texas Historical Commission, the survey of the Downtown
Historic District was updated. The previous survey of this area was completed in 1993, over 20
years ago. This survey is used by individual property owners, staff, and the HLC in making
informed decisions about the district. Utilizing volunteers, this survey was accomplished with
no net out of pocket expense excluding budgeted staff hours. A conservative minimum
estimate for a similar document produced under consultant contract would cost in excess of
$10,000.
Individualized Consultation and Reference
Throughout 2014, staff has provided information to property owners with specific problems
and questions regarding their historic properties. The type of information generally requested
varied. Often it was regarding finding reputable sources for finding the longest lasting, most
appropriate, and cost effective repair for their historic property. On other occasions, the
conversations were related to local history or the history of a particular building. Additional
dialogues were related to sources of funding such as incentives and grants available to
property owners.
Building Maintenance
In 2014, staff has worked with several property owners regarding the need and requirement
under ordinance to keep their historic property in good repair. Tangible results have included
Page | 3
Development Services
December 2014 Monthly Activity
measures to attractively enclose the building openings, repointing and repainting of masonry,
general cleanup, and measures to encourage sale to a buyer with sufficient means to repair.
In 2014, one historic building, despite efforts to rehabilitate, extending back to 2009, was
unable to be saved, and is scheduled for demolition. Prior to this measure, efforts to save the
building were undertaken. These include:
• Working with realtor to develop property descriptions that would be attractive to
buyers of historic properties.
• Facilitating contacts between potential rehabilitators and property owners.
• Requiring an estimate of needed repairs by a registered architect.
• Scheduling and hosting a stakeholders’ meeting between the property owners, HLC,
and staff to determine feasible options for the building.
Ultimately, these efforts did not result in a feasible option for repair and rehabilitation of the
building. To mitigate the loss of historic materials and impact upon the local landfill, staff has
worked with property owners to allow sufficient time to remove salvage materials and make
it available for use in the repair of other local historic properties.
Non-profits
Staff has worked with local non-profits to help them find resources for their historic
properties. Efforts include meetings with the United Way representatives regarding
properties, as well as facilitation of a THC grant application submittal for repairs to the Mt.
Vernon AME Church.
Public
Staff has worked with the Main Street program in outreach projects, including interpretative
panels for vacant buildings and a historic building walking tour.
Planning and Zoning Commission
Recommended approval of the following zoning items:
• Zoning change from residential to office at 1101 N. Cedar Street (Alamo School).
• Zoning ordinance amendments providing a definition for poultry processing and
requiring a specific use permit for this type of use in the industrial zones.
Page | 4
City of Palestine
Official Municipal Court Monthly Report
Month of November 2014
Traffic Misdemeanors
Non-Parking Parking
1
New Cases Filed During Month
96
0
Non-Traffic Misdemeanors
State Law
Ordinance
53
Total
15
164
Caseload Reporting - Primary Activity of the Court
2
A
B
C
3
A
B1
B2
C1
C2
D
4
A
B
C
D
Dispositions Prior to Trial:
Bonds Forfeited
Fined
Cases Dismissed
Total Dispositions Prior to Trial
Dispositions at Trial:
Plea of Guilty or Nolo Contendere
Guilty by Judge
Not Guilty by Judge
Guilty by Jury
Not Guilty by Jury
Dismissed at Trial
Total Dispositions at Trial
Cases Dismissed:
After Driver Safety Course
After Deferred Disposition
After Proof of Financial Responsibility
Compliance Dismissal
Total Categorized Dismissals
0
39
0
39
0
0
0
0
0
26
0
26
0
1
0
1
0
66
0
66
34
0
0
0
0
3
37
0
0
0
0
0
2
2
11
0
0
0
0
5
16
9
0
0
0
0
1
10
54
0
0
0
0
11
65
14
5
2
9
30
0
0
0
0
0
0
2
0
0
2
0
0
0
0
0
14
7
2
9
32
5
Community Service Ordered:
0
0
0
0
0
6
Cases Appealed
3
0
1
0
4
106
2
44
11
163
Totals 2,3,4,5
Juvenile Activity and Other Magistrate Functions
7
Juvenile Activity
A
B
C
D
E
F
G
H
ABC Code Offenses (Non-Driving)
DUI Alcohol
Health and Safety Code (Tobacco)
Transportation Code
Truancy/Failure to attend Hearings
Non-Traffic Offenses
Waive Jurisdiction on Non-Traffic
Education Code
0
1
0
6
0
1
0
0
8. DL Suspension Hearings
9. Property Hearings
10. Search Warrants Issued
11. Arrest Warrants Issued
12. Capias Pro Fine Issued
13. Magistrate Warnings Given
A. Class C Misdemeanors Only
B. Felonies/A and B Misdemeanors
Total Court Fines and Fees
The Total Court Fine and Fees amount includes both City Revenue and State Revenue.
0
0
0
56
18
27
21
0
$26,022.25
City of Palestine Municipal Court
Activity Report - FY 2013 - 2014
Charges Filed
All Tickets and Other Complaints (Fail to Appear, School Cases, etc.)
12-13
October
November
December
January
February
March
April
May
June
July
August
September
Total
13-14
Revenue
14-15
12-13
182
183
184
303
412
339
329
297
144
232
191
261
202
129
179
209
249
186
235
218
180
175
193
234
266
164
October
November
December
January
February
March
April
May
June
July
August
September
$
$
$
$
$
$
$
$
$
$
$
$
3057
2389
430
Total
$ 477,166.81
Charges Filed in Municipal Court
450
400
350
300
250
200
150
100
50
0
21,031.56
31,903.72
16,866.39
37,852.02
80,665.66
57,266.26
51,909.63
41,427.82
29,991.01
35,107.84
37,878.27
35,266.63
13-14
$
$
$
$
$
$
$
$
$
$
$
$
13-14
29,745.14
20,476.15
22,497.54
27,159.26
52,320.43
51,025.52
30,707.84
37,273.85
27,748.61
28,609.09
30,106.09
33,214.36
$ 36,446.02
$ 26,022.25
$
$
$
$
$
$
$
$
$
$
-
$ 390,883.88
$ 62,468.27
Revenue By Month
12-13
13-14
14-15
$90,000.00
$80,000.00
$70,000.00
$60,000.00
$50,000.00
$40,000.00
$30,000.00
$20,000.00
$10,000.00
$-
12-13
13-14
13-14
Where the Money Goes:
State of Texas
City of Palestine
Collection Agency
OMNI
$
$
$
$
8,124.88
17,303.55
552.19
41.63
Total Collections
$
26,022.25
2% 0%
31%
State of Texas
City of Palestine
67%
Collection Agency
OMNI
City Marshal Department Statistic Report
FY 14-15
Warrants
Issued
Cleared
Value
Issued
Cleared
Collected
Total Paid
Other
Arrests
Service Attempts
Oct
Nov
48
32
74
31
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
Total
122
63
$15,473.70 $23,013.51
$11,295.33 $10,313.02
$38,487.21
$21,608.35
$4,105.17
$6,156.06
$10,261.23
5
79
5
62
10
0
Warrants Issued vs. Warrants Cleared
$25,000.00
$20,000.00
$15,000.00
Issued
$10,000.00
Cleared
$5,000.00
$0.00
Oct
FY 13-14
Warrants
Issued
Cleared
Value
Issued
Cleared
Collected
Total Paid
Other
Arrests
Service Attempts
Nov
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
110
35
45
20
90
21
56
37
46
71
56
61
50
21
122
50
56
38
58
34
48
26
114
33
Oct
Nov
Dec
Total
851
447
$32,523.19 $23,069.90 $29,604.50 $16,360.53 $13,949.50 $16,457.70 $16,084.30 $36,612.93 $15,503.20 $16,354.20 $15,709.70 $35,058.90
$10,980.09 $6,434.63 $7,832.56 $10,510.26 $26,519.13 $23,231.45 $7,361.46 $11,130.39 $12,432.73 $11,703.79 $10,075.80 $12,538.60
$267,288.55
$150,750.89
$3,865.93
$2,257.50
$3,417.26
7
111
3
63
3
75
$2,870.80 $20,931.10 17.982.46
8
91
8
94
6
95
$5,004.36
$8,693.80
$4,695.20
$4,116.72
$5,800.44
$3,203.90
$64,857.01
3
48
6
73
6
82
7
88
3
53
10
75
70
298
1/08/2015 10:58 AM
COFFRPT Page:
1
Citation Date: 11/01/2014 - 11/30/2014
Summary
--------------------------------------------------------------------------------
Beginning Citation Date........: 11/01/2014
Ending Citation Date...........: 11/30/2014
Type of Citation...............: Regular
Type of Offense................: Include: All
Agency.........................: Include: All
Specific Offenses..............: Include: All
Entered By.....................: Include: All
Summary or Detail..............: Summary
Sort By........................: Offense Code
Print Def. Name................: No
Inc Park w/o Name..............: No
Total by Race/Sex..............: No
1/08/2015 10:58 AM
COFFRPT Page:
2
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------1100 ASSAULT BY PHYSICAL CONTACT
Statute: PC 22.01
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$366.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1170 D.O.C. OBSCENE LANGUAGE
Statute: PENAL CODE 42.01(1)
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$316.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1220 PUBLIC INTOXICATION
Statute: PENAL CODE 49.02
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
8
8
$2,464.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------2100 POSSESSION OF DRUG PARAPHERNALIA
Statute: 481.125 H&S Code
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
3
3
$1,032.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3006 RAN STOP SIGN
Statute: 544.010
1/08/2015 10:58 AM
COFFRPT Page:
3
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
5
5
$915.50
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3007 RAN RED LIGHT
Statute: TRC 544.007
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$199.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3016 DROVE WRONG WAY ON ONE-WAY ROADWAY
Statute: TRC 545.059
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$199.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3049 FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY
Statute: 601.191
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
6
6
$2,076.00
1
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3050 FAIL TO CONTROL SPEED
Statute: 545.351
Totals for Offense
1/08/2015 10:58 AM
COFFRPT Page:
4
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Number of Citations for Offense.....:
10
Number of Violations for Offense....:
10
Amount of Fines/Fines Assessed......:
$2,561.90
Number of Citations to Juveniles....:
1
Number of Citations to Minors.......:
2
-------------------------------------------------------------------------------3052 FAIL TO YIELD ROW TO VEHICLE IN INTERSECTION
Statute: 545.153
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$249.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3055 FAIL TO YIELD ROW TURNING LEFT
Statute: 545.152
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$468.20
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3056 FAIL TO YIELD ROW (PRIVATE DRIVE/ALLEY ,BUILDING)
Statute: 545.155
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
4
4
$717.30
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3057 FAIL TO YIELD ROW TO EMERGENCY VEHICLE
Statute: 545.156
Totals for Offense
Number of Citations for Offense.....:
1
1/08/2015 10:58 AM
COFFRPT Page:
5
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Number of Violations for Offense....:
1
Amount of Fines/Fines Assessed......:
$224.10
Number of Citations to Juveniles....:
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3070 FAIL TO DRIVE IN A SINGLE LANE
Statute: TRC 545.060
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$199.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3103 NO DRIVER'S LICENSE (OVER 18 YOA)
Statute: TRC 521.021
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
10
10
$1,811.00
0
Number of Citations to Minors.......:
3
-------------------------------------------------------------------------------3104 DRIVING WHILE LICENSE INVALID
Statute: SEC 521.457
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
12
12
$4,092.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3205 EXPIRED MOTOR VEHICLE INSPECTION
Statute: 548.051
Totals for Offense
Number of Citations for Offense.....:
Number of Violations for Offense....:
Amount of Fines/Fines Assessed......:
2
2
$186.00
1/08/2015 10:58 AM
COFFRPT Page:
6
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Number of Citations to Juveniles....:
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3259 EXPIRED OPERATOR'S LICENSE
Statute: TRC 522.001
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$166.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3287 FAIL TO YIELD ROW TURNING ON RED SIGNAL
Statute: TRC 544.007
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$249.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3288 FAIL TO YIELD ROW CHANGING LANES
Statute: TRC 545.061
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$468.20
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3323 OPEN CONTAINER
Statute: 49.031 PC
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
Number of Citations to Minors.......:
1
1
$366.00
0
0
1/08/2015 10:58 AM
COFFRPT Page:
7
Citation Date: 11/01/2014 - 11/30/2014
Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------------3333 VIOLATE PROMISE TO APPEAR
Statute: TRC 543.009
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$548.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3337 FAILURE TO APPEAR/BAIL JUMPING
Statute: PC 38.10
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
9
9
$3,091.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3554 STANDING IN PROHIBITED AREA
Statute: TRC 545.302
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$140.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3586 SPEEDING ABOVE POSTED LIMIT
Statute: TRC 545.351
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
24
24
$5,258.40
2
Number of Citations to Minors.......:
8
--------------------------------------------------------------------------------
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COFFRPT Page:
8
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------3596 SPEEDING IN A SCHOOL ZONE
Statute:
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$498.20
1
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3656 EXPIRED REGISTRATION
Statute: TRC 502.407
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
6
6
$563.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4000 DIGGING OUT
Statute: SEC 94-62
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$316.00
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------4200 ANIMAL RUNNING AT LARGE
Statute: 14-11 (A)
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$432.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4204 NO CITY TAGS
Statute: SEC 14-31
1/08/2015 10:58 AM
COFFRPT Page:
9
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$216.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4205 NO RABIES TAGS
Statute: SEC 14-46
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$432.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------PROP PROPERTY HEARING
Statute:
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$0.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1100F ASSAULT BY PHYSICAL CONTACT - FAMILY VIOLENCE
Statute: PC 22.01
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$416.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3031B CHILD < 8 UNLESS TALLER THAN 4'9" NOT SECURED BY SAFETY SEAT SYSTEM
Statute: TRC 545.412
Totals for Offense
1/08/2015 10:58 AM
COFFRPT Page: 10
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Number of Citations for Offense.....:
1
Number of Violations for Offense....:
1
Amount of Fines/Fines Assessed......:
$149.00
Number of Citations to Juveniles....:
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3052A FAIL TO YIELD AT STOP INTERSECTION
Statute: 545.151
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
5
5
$1,215.50
0
Number of Citations to Minors.......:
2
-------------------------------------------------------------------------------3103A NO DRIVER'S LICENSE (18 YOA & UNDER)
Statute: TRC 521.021
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$166.10
1
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3205A EXPIRED MOTOR VEHICLE INSPECTION - OVER 2 MONTHS
Statute: 548.051
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
3
3
$547.00
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------Totals for Offense Level
Total Citations for Offense Level...:
Total Violations for Offense Level..:
Amount of Fines/Fines Assessed......:
124
136
$33,313.90
1/08/2015 10:58 AM
COFFRPT Page: 11
Citation Date: 11/01/2014 - 11/30/2014
Summary
-------------------------------------------------------------------------------Total Citations to Juveniles........:
4
Total Citations to Minors...........:
17
-------------------------------------------------------------------------------Grand Totals
Total
Total
Total
Total
Number
Number
Amount
Number
of
of
of
of
Citations...........:
Violations..........:
Fines/Fines Assessed:
Citations Juveniles.:
Total Number of Citations Minors....:
Total Number of Offenses
124
136
$33,313.90
6
18
City of Palestine
Official Municipal Court Monthly Report
Month of December 2014
Traffic Misdemeanors
Non-Parking Parking
1
New Cases Filed During Month
115
3
Non-Traffic Misdemeanors
State Law
Ordinance
39
Total
7
164
Caseload Reporting - Primary Activity of the Court
2
A
B
C
3
A
B1
B2
C1
C2
D
4
A
B
C
D
Dispositions Prior to Trial:
Bonds Forfeited
Fined
Cases Dismissed
Total Dispositions Prior to Trial
Dispositions at Trial:
Plea of Guilty or Nolo Contendere
Guilty by Judge
Not Guilty by Judge
Guilty by Jury
Not Guilty by Jury
Dismissed at Trial
Total Dispositions at Trial
Cases Dismissed:
After Driver Safety Course
After Deferred Disposition
After Proof of Financial Responsibility
Compliance Dismissal
Total Categorized Dismissals
0
66
1
67
0
0
0
0
0
35
1
36
0
2
0
2
0
103
2
105
17
0
0
0
0
0
17
0
0
0
0
0
0
0
7
0
0
0
0
0
7
2
0
0
0
0
0
2
26
0
0
0
0
0
26
16
1
0
2
19
0
0
0
0
0
0
2
0
0
2
0
1
0
0
1
16
4
0
2
22
5
Community Service Ordered:
0
0
0
0
0
6
Cases Appealed
1
0
0
0
1
103
0
45
5
153
Totals 2,3,4,5
Juvenile Activity and Other Magistrate Functions
7
Juvenile Activity
A
B
C
D
E
F
G
H
ABC Code Offenses (Non-Driving)
DUI Alcohol
Health and Safety Code (Tobacco)
Transportation Code
Truancy/Failure to attend Hearings
Non-Traffic Offenses
Waive Jurisdiction on Non-Traffic
Education Code
2
0
0
2
0
1
0
0
8. DL Suspension Hearings
9. Property Hearings
10. Search Warrants Issued
11. Arrest Warrants Issued
12. Capias Pro Fine Issued
13. Magistrate Warnings Given
A. Class C Misdemeanors Only
B. Felonies/A and B Misdemeanors
Total Court Fines and Fees
The Total Court Fine and Fees amount includes both City Revenue and State Revenue.
0
0
0
33
49
8
8
0
$27,165.24
City of Palestine Municipal Court
Activity Report - FY 2013 - 2014
Charges Filed
All Tickets and Other Complaints (Fail to Appear, School Cases, etc.)
12-13
October
November
December
January
February
March
April
May
June
July
August
September
Total
13-14
Revenue
14-15
12-13
182
183
184
303
412
339
329
297
144
232
191
261
202
129
179
209
249
186
235
218
180
175
193
234
266
164
164
October
November
December
January
February
March
April
May
June
July
August
September
$
$
$
$
$
$
$
$
$
$
$
$
3057
2389
594
Total
$ 477,166.81
Charges Filed in Municipal Court
450
400
350
300
250
200
150
100
50
0
21,031.56
31,903.72
16,866.39
37,852.02
80,665.66
57,266.26
51,909.63
41,427.82
29,991.01
35,107.84
37,878.27
35,266.63
13-14
$
$
$
$
$
$
$
$
$
$
$
$
13-14
29,745.14
20,476.15
22,497.54
27,159.26
52,320.43
51,025.52
30,707.84
37,273.85
27,748.61
28,609.09
30,106.09
33,214.36
$ 36,446.02
$ 26,022.25
$ 27,165.24
$
$
$
$
$
$
$
$
$
-
$ 390,883.88
$ 89,633.51
Revenue By Month
12-13
13-14
14-15
$90,000.00
$80,000.00
$70,000.00
$60,000.00
$50,000.00
$40,000.00
$30,000.00
$20,000.00
$10,000.00
$-
12-13
13-14
13-14
Where the Money Goes:
State of Texas
City of Palestine
Collection Agency
OMNI
$
$
$
$
8,705.53
17,181.47
1,230.24
48.00
Total Collections
$
27,165.24
5% 0%
32%
State of Texas
City of Palestine
63%
Collection Agency
OMNI
City Marshal Department Statistic Report
FY 14-15
Warrants
Issued
Cleared
Value
Issued
Cleared
Collected
Total Paid
Other
Arrests
Service Attempts
Oct
Nov
Dec
48
32
77
31
82
20
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
Oct
Nov
Dec
Total
207
83
$15,473.70 $23,323.60 $26,799.00
$11,295.33 $10,313.02 $8,361.39
$65,596.30
$29,969.74
$4,105.17
$6,156.06
$3,252.83
$13,514.06
5
79
5
62
4
71
14
0
Warrants Issued vs. Warrants Cleared
$30,000.00
$25,000.00
$20,000.00
Issued
$15,000.00
Cleared
$10,000.00
$5,000.00
$0.00
Oct
FY 13-14
Warrants
Issued
Cleared
Value
Issued
Cleared
Collected
Total Paid
Other
Arrests
Service Attempts
Nov
Dec
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sept
110
35
45
20
90
21
56
37
46
71
56
61
50
21
122
50
56
38
58
34
48
26
114
33
Oct
Nov
Dec
Total
851
447
$32,523.19 $23,069.90 $29,604.50 $16,360.53 $13,949.50 $16,457.70 $16,084.30 $36,612.93 $15,503.20 $16,354.20 $15,709.70 $35,058.90
$10,980.09 $6,434.63 $7,832.56 $10,510.26 $26,519.13 $23,231.45 $7,361.46 $11,130.39 $12,432.73 $11,703.79 $10,075.80 $12,538.60
$267,288.55
$150,750.89
$3,865.93
$2,257.50
$3,417.26
7
111
3
63
3
75
$2,870.80 $20,931.10 17.982.46
8
91
8
94
6
95
$5,004.36
$8,693.80
$4,695.20
$4,116.72
$5,800.44
$3,203.90
$64,857.01
3
48
6
73
6
82
7
88
3
53
10
75
70
298
1/08/2015
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COFFRPT Page:
1
Citation Date: 12/01/2014 - 12/31/2014
Summary
--------------------------------------------------------------------------------
Beginning Citation Date........: 12/01/2014
Ending Citation Date...........: 12/31/2014
Type of Citation...............: Regular
Type of Offense................: Include: All
Agency.........................: Include: All
Specific Offenses..............: Include: All
Entered By.....................: Include: All
Summary or Detail..............: Summary
Sort By........................: Offense Code
Print Def. Name................: No
Inc Park w/o Name..............: No
Total by Race/Sex..............: No
1/08/2015
4:52 PM
COFFRPT Page:
2
Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Z CRUELLY TREATED ANIMAL HEARING
Statute: 821.023
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$0.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1020 THEFT UNDER $50.00
Statute: PENAL CODE 31.03(e)(1)(A)
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$316.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1220 PUBLIC INTOXICATION
Statute: PENAL CODE 49.02
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
5
5
$1,578.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1775 PARKED IN HANDICAPPED ZONE
Statute: 681.011
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
3
3
$1,620.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------2100 POSSESSION OF DRUG PARAPHERNALIA
Statute: 481.125 H&S Code
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4:52 PM
COFFRPT Page:
3
Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$366.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3002 UNSAFE SPEED/TOO FAST FOR CONDITIONS
Statute: 545.351
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$249.10
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3006 RAN STOP SIGN
Statute: 544.010
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
10
10
$2,001.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3007 RAN RED LIGHT
Statute: TRC 544.007
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$249.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3049 FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY
Statute: 601.191
Totals for Offense
1/08/2015
4:52 PM
COFFRPT Page:
4
Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Number of Citations for Offense.....:
19
Number of Violations for Offense....:
19
Amount of Fines/Fines Assessed......:
$5,986.00
Number of Citations to Juveniles....:
0
Number of Citations to Minors.......:
5
-------------------------------------------------------------------------------3050 FAIL TO CONTROL SPEED
Statute: 545.351
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
6
6
$1,514.60
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3055 FAIL TO YIELD ROW TURNING LEFT
Statute: 545.152
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
3
3
$782.30
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3056 FAIL TO YIELD ROW (PRIVATE DRIVE/ALLEY ,BUILDING)
Statute: 545.155
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
5
5
$1,155.50
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3081 CUT ACROSS DRIVEWAY TO MAKE TURN
Statute: 545.423
Totals for Offense
Number of Citations for Offense.....:
1
1/08/2015
4:52 PM
COFFRPT Page:
5
Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Number of Violations for Offense....:
1
Amount of Fines/Fines Assessed......:
$199.10
Number of Citations to Juveniles....:
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3085 FAIL TO GIVE ONE-HALF OF ROADWAY
Statute: 545.052
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$199.10
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3103 NO DRIVER'S LICENSE (OVER 18 YOA)
Statute: TRC 521.021
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
10
10
$1,594.90
0
Number of Citations to Minors.......:
3
-------------------------------------------------------------------------------3104 DRIVING WHILE LICENSE INVALID
Statute: SEC 521.457
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
13
13
$4,308.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3337 FAILURE TO APPEAR/BAIL JUMPING
Statute: PC 38.10
Totals for Offense
Number of Citations for Offense.....:
Number of Violations for Offense....:
Amount of Fines/Fines Assessed......:
2
2
$518.00
1/08/2015
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COFFRPT Page:
6
Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Number of Citations to Juveniles....:
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3586 SPEEDING ABOVE POSTED LIMIT
Statute: TRC 545.351
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
13
13
$2,793.30
1
Number of Citations to Minors.......:
2
-------------------------------------------------------------------------------3596 SPEEDING IN A SCHOOL ZONE
Statute:
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$468.20
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3628 USE EQUIPMENT NOT APPROVED/WINDOW TINT
Statute: 547.101
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$199.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3656 EXPIRED REGISTRATION
Statute: TRC 502.407
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
Number of Citations to Minors.......:
7
7
$945.00
0
3
1/08/2015
4:52 PM
COFFRPT Page:
7
Citation Date: 12/01/2014 - 12/31/2014
Summary
--------------------------------------------------------------------------------------------------------------------------------------------------------------3800 MINOR IN POSSESSION OF ALCOHOL
Statute: ABC 106.05
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$566.00
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------3803 CONSUMPTION OF ALCOHOL BY MINOR
Statute: ABC 106.04
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$566.00
0
Number of Citations to Minors.......:
1
-------------------------------------------------------------------------------4000 DIGGING OUT
Statute: SEC 94-62
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$632.00
1
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4200 ANIMAL RUNNING AT LARGE
Statute: 14-11 (A)
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$432.00
0
Number of Citations to Minors.......:
0
--------------------------------------------------------------------------------
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Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------4204 NO CITY TAGS
Statute: SEC 14-31
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
2
2
$432.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4205 NO RABIES TAGS
Statute: SEC 14-46
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
3
3
$648.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4350 DISCHARGE FIREWORKS IN CITY LIMITS
Statute: ORDINANCE 43.50
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$266.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4352 OPERATE BICYCLE WITHOUT HEADLAMP WHEN REQUIRED
Statute: TRANS 551.104
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$116.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------4363 VIOLATE PROMISE TO APPEAR-CITY ORDINANCE
Statute: CH 2, ART. 3, SEC 2-52, (C)(4)
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Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$316.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------PROP PROPERTY HEARING
Statute:
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
3
3
$0.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------1180A D.O.C.-EXPOSURE
Statute: PC 42.01 (10)
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$316.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3052A FAIL TO YIELD AT STOP INTERSECTION
Statute: 545.151
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
6
6
$1,539.60
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3103A NO DRIVER'S LICENSE (18 YOA & UNDER)
Statute: TRC 521.021
Totals for Offense
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Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Number of Citations for Offense.....:
2
Number of Violations for Offense....:
2
Amount of Fines/Fines Assessed......:
$332.20
Number of Citations to Juveniles....:
2
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------3205A EXPIRED MOTOR VEHICLE INSPECTION - OVER 2 MONTHS
Statute: 548.051
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
5
5
$870.00
0
Number of Citations to Minors.......:
2
-------------------------------------------------------------------------------3663A DISPLAY WRONG,FICTITIOUS,ALTERED OR OBSCURED INSIGNIA
Statute: 502.475
Totals for Offense
Number
Number
Amount
Number
of
of
of
of
Citations for Offense.....:
Violations for Offense....:
Fines/Fines Assessed......:
Citations to Juveniles....:
1
1
$199.00
0
Number of Citations to Minors.......:
0
-------------------------------------------------------------------------------Totals for Offense Level
Total Citations for Offense Level...:
Total Violations for Offense Level..:
Amount of Fines/Fines Assessed......:
Total Citations to Juveniles........:
109
138
$34,273.00
3
Total Citations to Minors...........:
18
-------------------------------------------------------------------------------Grand Totals
Total
Total
Total
Total
Number
Number
Amount
Number
of
of
of
of
Citations...........:
Violations..........:
Fines/Fines Assessed:
Citations Juveniles.:
Total Number of Citations Minors....:
109
138
$34,273.00
4
23
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Citation Date: 12/01/2014 - 12/31/2014
Summary
-------------------------------------------------------------------------------Total Number of Offenses
City Council
City of Palestine, Texas
Agenda Action Form
January 12, 2015
AGENDA DATE:
AGENDA SUBJECT:
AGENDA
ITEM
PREPARED BY:
Proposed Land Lease for placing of a manufactured home for office
and living quarters at the Airport.
Tim Perry
Jan. 6, 2015
Date Submitted:
EXHIBITS:
Map of Proposed Hangar Location
BUDGETARY IMPACT:
Required Expenditure:
Amount Budgeted:
Appropriation Required:
$00.00
$00.00
$00.00
CITY MANAGER APPROVAL:
SUMMARY:
The City of Palestine has received a request form Mr. Jay Hitchcock Field Operations Manager for
Air Methods medical flight services to lease a tract of land at the Palestine Municipal Airport for
the placement of a manufactured home to serve as office space and living quarters for their
operations. They will have a flight crew that will be based at the airport to provide 24 hour medical
air transportation for this area of Texas.
The dimensions of the structure are 20’L x 60’W x 20’H. The total area of land to be leased is 90 x
50 feet for a total of 4,500 square feet. The proposed location also is within the guidelines set by the
Airport Master Layout Plan.
The Airport Advisory Board is in support of Air Methods proposed location, and operations. Please
see the attached exhibit for the location.
RECOMMENDED ACTION:
Staff recommends the City Council to authorize the City Manager to execute a land lease contract
with Air Methods for placement of a manufactured home to be used for office and living quarters
for the flight crew at the Palestine Municipal Airport pending approval by the FAA and TxDOT
Aviation.
City Council
City of Palestine, Texas
Agenda Action Form
AGENDA DATE:
January 12, 2015
AGENDA ITEM
AGENDA
SUBJECT:
Consider an ordinance amending the regulations for sexually oriented businesses as found
in the Palestine Code of Ordinances, Chapter 26, Businesses, Article VII.
PREPARED
BY:
Jeffrey Lyons
EXHIBITS:
Date Submitted:
January 8, 2015
1. Ordinance repealing Part II-Code Of Ordinances- Chapter 26-BusinessesArticle VII. Sexually Oriented Businesses
2. Maps showing potential locations for sexually oriented businesses
BUDGETARY IMPACT:
Required Expenditure:
Amount Budgeted:
Appropriation Required:
$00.00
$00.00
$00.00
CITY MANAGER APPROVAL:
SUMMARY:
Council conducted a work session on December 8, 2014 to discuss alternative options to the proposed
sexually oriented business overlay zone located in the industrial area along W. Reagan Street. Staff provided
maps showing potential areas where a sexually oriented business could operate that were a minimum
distance of 500 feet from properties zoned for residential uses and 500, 1,000 and 1,500 feet from churches,
public schools, daycares and public parks. In addition to determining appropriate areas for sexually oriented
businesses to operate, Council discussed the legality of regulating the hours of operation for these types of
businesses. The City Attorney will provide information on this during the work session.
At the conclusion of the work session, Council directed staff to revise the maps and include a minimum
distance of 1,000 feet from any property zoned for residential uses. The revised maps will be available for
discussion during the work session on January 12, 2015.
The moratorium placed on the acceptance of any application for a sexually oriented business will expire on
January 20, 2015.
RECOMMENDED ACTION:
Based on the outcome of the work session prior to the regular meeting, Council's options are:
1. Adopt the attached ordinance which will repeal the existing regulations for sexually oriented
businesses. The specific distance requirements that will be presented during the work session can be
added to the ordinance if Council chooses to adopt.
2. Extend the moratorium allowing more time for staff to provide any additional information if necessary.
Staff would recommend consulting with the City Attorney prior to this.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALESTINE, TEXAS AMENDING
CHAPTER 26 (BUSINESSES) OF THE
PALESTINE CODE OF
ORDINANCES; REVISING AND ESTABLISHING SEXUALLY
ORIENTED BUSINESS REGULATIONS; STATING THE PURPOSE AND
INTENT OF THE ORDINANCE, DEFINING TERMS INCLUDING
ADULT ARCADE, ADULT BOOKSTORE, ADULT VIDEO STORE,
ADULT CABARET, ADULT MOTEL, ADULT MOTION PICTURE
THEATER, ESCORT AGENCY, AND NUDE MODEL STUDIO;
REQUIRING A LICENSE AND THE DESIGNATION OF AN
OPERATOR; SETTING FORTH LICENSING FEES; PROVIDING
GROUNDS FOR DENYING, SUSPENDING, OR REVOKING A
LICENSE; SETTING FORTH THE LOCATIONAL RESTRICTIONS ON
SEXUALLY ORIENTED BUSINESS; REGULATING THE SIGNAGE
AND OTHER DISPLAYS BY SEXUALLY ORIENTED BUSINESSES;
PROVIDING PROCEDURES FOR OBTAINING AN INJUNCTION
AGAINST VIOLATION OF THIS ORDINANCE; PROVIDING FOR A
VIOLATION OF THIS ORDINANCE TO BE PUNISHABLE AS A CLASS
A MISDEMEANOR AS PROVIDED IN SECTION 243.010(b) OF THE
TEXAS
LOCAL
GOVERNMENT
CODE;
PROVIDING
FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THIS ORDINANCE.
WHEREAS, sexually oriented businesses require special supervision from the public safety
agencies of the City of Palestine, Texas (“City”) in order to protect and preserve
the health, safety, morals and welfare of the patrons of such businesses as well as
the citizens of the City; and
WHEREAS, the City is expressly authorized to regulate sexually oriented business by virtue of
being a home rule municipality and pursuant to Chapter 243 of the Texas Local
Government Code; and
WHEREAS, the City Council of the City of Palestine, Texas (the “City Council”) finds that
sexually oriented businesses are frequently used for unlawful sexual activities,
including prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of
the City which demands reasonable regulation of sexually oriented businesses in
order to protect the health and well-being of the citizens; and
WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that
operators of sexually oriented businesses comply with reasonable regulations and
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 1
{A47/06319/0003/W1218290.2 }
to ensure that operators do not knowingly allow their establishments to be used as
places of illegal sexual activity or solicitation; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses,
because of their very nature, have a deleterious effect on both the existing
businesses around them and the surrounding residential areas adjacent to them,
causing increased crime, such as the possession or use of controlled substances,
the proliferation of drug-related activity, prostitution, disorderly conduct, and
assaults, and the downgrading of property values; and
WHEREAS, it is recognized that sexually oriented businesses, due to their nature, have serious
objectionable operational characteristics, thereby contributing to urban blight and
downgrading the quality of life in the adjacent area; and
WHEREAS, the Texas City Attorneys Association (TCAA) commissioned a study in 2008 to
determine the secondary effects of retail-only sexually oriented businesses that
sell or rent goods that can be consumed off-site (i.e. adult video stores, adult book
stores, adult novelty store);
WHEREAS, the 2008 TCAA commissioned study concluded that retail-only sexually oriented
businesses have the negative secondary effect of reducing the market value of
single family homes and community shopping centers within 1/2 mile of the
sexually oriented business;
WHEREAS, the 2008 TCAA commissioned study concluded that retail-only sexually oriented
businesses have the negative secondary effect of increasing crime since they pose
large, statistically significant ambient public safety hazards in terms of
prostitution, drugs, assault, robbery, and vandalism;
WHEREAS, in a 1984 Indianapolis study that polled appraisers, 80% of the respondents
predicted that an adult bookstore would negatively impact residential property
values and 72% of the respondents believed that commercial property value
would also be negatively affected;
WHEREAS, in a 1986 Oklahoma City study that polled area real estate appraisers, 74%
predicted that the presence of an adult book store would have a negative impact
on real estate value in the surrounding area;
WHEREAS; The following studies regarding the adverse secondary effects associated with
sexually oriented businesses were consulted:
1. "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels
of Crime? An Examination Using Spatial Analyses", Eric S. McCord and
Richard Tewksbury, 2013;
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 2
{A47/06319/0003/W1218290.2 }
2. Testimony, Illinois SB 3348. Richard McCleary, Ph.D. and Lori Sexton, M.A.
March 2, 2012;
3. "Report to the Texas Legislature, Sexually Oriented Businesses and Human
Trafficking: Associations, Challenges, and Approaches." Office of the
Attorney General. March 2013;
4. "Crime Risk in the Vicinity of a Sexually Oriented Business: A report to the
Centralia City Attorney's Office." Richard McCleary, Ph.D. February 28, 2004;
5. "Sexually Oriented Business Study Rochester, New York." Duncan and
Associates. July 2000;
6. "Sexually Oriented Business Ordinance Revision Committee Legislative
Report." Houston City Council. January 7, 1997;
7. "An Analysis of the Effects of SOBs on the Surrounding Neighborhoods in
Dallas, Texas." Peter Malin, MAI. April 29, 1997;
8. "Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine,
Social Theory, and Empirical Evidence." Richard McCleary and Alan C.
Weinstein. April 2009;
9. "The Association of Adult Businesses with Secondary Effects: Legal Doctrine,
Social Theory, and Empirical Evidence." Richard McCleary and Alan C.
Weinstein;
10. "Survey of Florida Appraisers: Effects of Land Uses on Market Values," Eric
Damian Kelly, FAICP, and Connie B. Cooper, FAICP, 2008.
WHEREAS, the City Council desires to minimize and to control these adverse effects and
thereby protect the health, safety, and welfare of the citizenry; protect the citizens
from increased crime; preserve the quality of life; preserve the property values
and character of surrounding neighborhoods, and deter the spread of urban blight;
and
WHEREAS, the City Council has determined that locational criteria alone do not adequately
protect the health, safety, and general welfare of the people of this City; and
WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected by
the First Amendment, but to enact a content-neutral ordinance which addresses
the secondary effects of sexually oriented businesses; and
WHEREAS, it is not the intent of the City Council to condone or legitimize the distribution of
obscene material, but the Council recognizes that state and federal law prohibits
the distribution of obscene materials, and so the Council expects and encourages
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 3
{A47/06319/0003/W1218290.2 }
law enforcement officials to enforce state obscenity statutes against any such
illegal activities in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PALESTINE, TEXAS:
I.
That Sections 26-251 through 26-274, Article VII (Sexually Oriented Businesses) of
Chapter 26 (Businesses) be repealed in their entirety, and the following Sections adopted to
replace those sections:
Sec. 26-251.
Purpose and intent.
Sec. 26-252.
Definitions.
Sec. 26-253.
Classification.
Sec. 26-254.
License and designated operator required.
Sec. 26-255
Application
Sec. 26-256.
Issuance of license.
Sec. 26-257.
Fees.
Sec. 26-258.
Inspection.
Sec. 26-259.
Identification records
Sec. 26-260.
Expiration of license.
Sec. 26-261.
Suspension.
Sec. 26-262.
Revocation.
Sec. 26-263.
Denial, suspension, revocation, or denial of renewal of a license for
criminal convictions.
Sec. 26-264.
Notice of denial of issuance or renewal of license or suspension or
revocation of license; surrender of license.
Sec. 26-265.
Appeal.
Sec. 26-266.
Transfer of license.
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 4
{A47/06319/0003/W1218290.2 }
Sec. 26-267.
Location of sexually oriented businesses.
Sec. 26-268.
Exemption from location restrictions.
Sec. 26-269.
Exterior portions of sexually oriented businesses.
Sec. 26-270.
Additional regulations for escort agencies.
Sec. 26-271.
Additional regulations for nude model studios.
Sec. 26-272.
Additional regulations for adult theaters and adult motion picture
theaters.
Sec. 26-273.
Additional regulations for adult motels.
Sec. 26-274.
Additional regulations for adult cabarets.
Sec. 26-275.
Regulations pertaining to exhibition of sexually explicit films or
videos.
Sec. 26-276.
Display of sexually explicit material to minors.
Sec. 26-277.
Prohibitions against minors in sexually oriented businesses.
Sec. 26-278.
Enforcement.
Sec. 26-279.
Injunction.
Sec. 26-280.
Amendment of this chapter.
SEC. 26-251. PURPOSE AND INTENT.
(a)
It is the purpose of this chapter to regulate sexually oriented businesses to
promote the health, safety, morals, and general welfare of the citizens of the city; to establish
reasonable and uniform regulations to prevent the concentration of sexually oriented businesses
within the city; and to minimize the deleterious secondary effects of sexually oriented businesses
both inside such businesses and outside in the surrounding communities. The provisions of this
chapter have neither the purpose nor effect of imposing a limitation or restriction on the content
of any communicative materials or performances, including sexually oriented materials and
performances. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access
by adults to sexually oriented materials and performances protected by the First Amendment, or
to deny access by the distributors and exhibitors of sexually oriented entertainment to their
intended market.
(b)
It is the intent of the city council that this chapter is promulgated pursuant to
Chapter 243 of the Texas Local Government Code, as amended.
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 5
{A47/06319/0003/W1218290.2 }
(c)
A license, permit, or decal granted under this chapter or under any other city
ordinance does not authorize or legalize any conduct, activity, or business that is illegal under
state or federal law.
SEC. 26-252. DEFINITIONS.
In this chapter:
(1)
ACHROMATIC means colorless or lacking in saturation or hue. The term
includes, but is not limited to, grays, tans, and light earth tones. The term does not
include white, black, or any bold coloration that attracts attention.
(2)
ADULT ARCADE means any place to which the public is permitted or
invited wherein coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors, or other imageproducing devices are maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished or characterized by
the depicting or describing of “specified sexual activities” or “specified anatomical
areas.”
(3)
ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial
establishment that as one of its principal business purposes offers for sale or rental for
any form of consideration any one or more of the following:
a.
books, magazines, periodicals or other printed matter, or
photographs, films, motion pictures, DVD’s, video cassettes, or video
reproductions, slides, or other visual representations, that depict or describe
“specified sexual activities” or “specified anatomical areas”; or
b.
instruments, devices, or paraphernalia that are designed for use in
connection with “specified sexual activities.”
(4)
ADULT CABARET means a commercial establishment that regularly
offers “adult cabaret entertainment to customers.”
(5)
ADULT CABARET ENTERTAINER means a person who engages in or
performs “adult cabaret entertainment.”
(6)
ADULT CABARET ENTERTAINMENT means live entertainment that:
a.
is intended to provide sexual stimulation or sexual gratification;
and
b.
is distinguished by or characterized by an emphasis on matter
depicting, simulating, describing, or relating to “specified anatomical areas” or
“specified sexual activities.”
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 6
{A47/06319/0003/W1218290.2 }
(7)
ADULT MOTEL means a hotel, motel, or similar commercial
establishment that:
a.
offers accommodations to the public for any form of consideration
and
1.
provides
patrons
with
closed-circuit
television
transmissions, films, motion pictures, video cassettes, slides, or other
photographic reproductions that are characterized by the depiction or
description of “specified sexual activities” or “specified anatomical areas;”
and
2.
has a sign visible from the public right-of-way that
advertises the availability of this adult type of photographic reproductions;
or
b.
10 hours; or
offers a sleeping room for rent for a period of time that is less than
c.
allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than 10 hours.
(8)
ADULT MOTION PICTURE THEATER means a commercial
establishment where, for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductions are regularly shown that are
characterized by the depiction or description of "specified sexual activities" or "specified
anatomical areas."
(9)
APPLICANT means:
a.
a person in whose name a license to operate a sexually oriented
business will be issued;
b.
each individual who signs an application for a sexually oriented
business license as required by Section 26-255(c);
c.
each individual who is an officer of a sexually oriented business
for which a license application is made under Section 26-255, regardless of
whether the individual's name or signature appears on the application;
d.
each individual who has a 20 percent or greater ownership interest
in a sexually oriented business for which a license application is made under
Section 26-255, regardless of whether the individual's name or signature appears
on the application; and
e.
each individual who exercises substantial de facto control over a
sexually oriented business for which a license application is made under Section
26-255, regardless of whether the individual's name or signature appears on the
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 7
{A47/06319/0003/W1218290.2 }
application.
(10) CHIEF OF POLICE means the chief of police of the city of Palestine or
the chief's designated agent.
(11) CONVICTION means a conviction in a federal court or a court of any
state or foreign nation or political subdivision of a state or foreign nation that has not
been reversed, vacated, or pardoned. “Conviction” includes disposition of charges against
a person by probation or deferred adjudication.
(12)
CREATION means and includes any of the following:
a.
the opening or commencement of any sexually oriented business as
a new business;
b.
the conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
c.
the addition of any sexually oriented business to any other existing
sexually oriented business; or
d.
the relocation of any sexually oriented business.
(13) DESIGNATED OPERATOR means the person or persons identified in
the license application, or in any supplement or amendment to the license application, as
being a designated operator of the sexually oriented business.
(14)
EMPLOYEE means any individual who:
a.
is listed as a part-time, full-time, temporary, or permanent
employee on the payroll of an applicant, licensee, or sexually oriented business;
or
b.
performs or provides entertainment on the sexually oriented
business premises for any form of compensation or consideration.
(15) ESCORT means a person who, for consideration, agrees or offers to act as
a date for another person, or who agrees or offers to privately model lingerie or to
privately perform a striptease for another person.
(16) ESCORT AGENCY means a person or business association that, for
consideration, furnishes, offers to furnish, or advertises to furnish “escorts” as one of its
primary business purposes.
(17) HISTORIC DISTRICT means an historic district as defined in Chapter 40
of the Palestine City Code, as amended.
(18)
LICENSEE means:
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 8
{A47/06319/0003/W1218290.2 }
a.
a person in whose name a license to operate a sexually oriented
business has been issued;
b.
license;
each individual listed as an applicant on the application for a
c.
each individual who is an officer of a sexually oriented business
for which a license has been issued under this chapter, regardless of whether the
individual's name or signature appears on the license application;
d.
each individual who has a 20 percent or greater ownership interest
in a sexually oriented business for which a license has been issued under this
chapter, regardless of whether the individual's name or signature appears on the
license application; and
e.
each individual who exercises substantial de facto control over a
sexually oriented business for which a license has been issued under this chapter,
regardless of whether the individual's name or signature appears on the license
application.
(19)
MINOR means a person under the age of 18 years.
(20) NUDE MODEL STUDIO means any place where a person who appears in
a state of nudity or displays “specified anatomical areas” is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by other
persons who pay money or any form of consideration.
(21)
NUDITY or a STATE OF NUDITY means:
a.
the appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
b.
a state of dress that fails to completely and opaquely cover a
human buttock, anus, male genitals, female genitals, or any part of the female
breast or breasts that is situated below a point immediately above the top of the
areola.
(22) OPERATES OR CAUSES TO BE OPERATED means to cause to
function or to put or keep in operation. A person may be found to be operating or causing
to be operated a sexually oriented business whether or not that person is an owner, part
owner, or licensee of the business.
(23) OPERATOR means any person who has managerial control of the on-site,
day-to-day operations of a sexually oriented business, regardless of whether that person is
a designated operator of the sexually oriented business.
(24) PERSON means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
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(25) SEXUAL CONTACT has the same definition as “sexual contact” under
Chapter 21 of the Texas Penal Code.
(26) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult
bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater,
escort agency, nude model studio, or other commercial enterprise the primary business of
which is the offering of a service or the selling, renting, or exhibiting of devices or any
other items intended to provide sexual stimulation or sexual gratification to the customer.
(27)
SIGN means any display, design, pictorial, or other representation that is:
a.
constructed, placed, or painted, in any manner whatsoever on the
exterior of a sexually oriented business or on any part of the tract upon which the
sexually oriented business is located so that it is visible from the outside of a
sexually oriented business; and
b.
used to seek the attraction of the public to any goods, services, or
merchandise available at the sexually oriented business.
(28)
SPECIFIED ANATOMICAL AREAS means:
a.
any of the following, or any combination of the following, when
less than completely and opaquely covered:
1.
any human genitals, pubic region, or pubic hair;
2.
any buttock; or
3.
any portion of the female breast or breasts that is situated
below a point immediately above the top of the areola; or
b.
human male genitals in a discernibly erect state, even if completely
and opaquely covered.
(29)
following:
SPECIFIED SEXUAL ACTIVITIES means and includes any of the
a.
the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
b.
or sodomy;
c.
sex acts, actual or simulated, including intercourse, oral copulation,
masturbation, actual or simulated; or
d.
excretory functions as part of or in connection with any of the
activities set forth in Paragraphs a through c of this subsection.
(30)
SUBSTANTIAL ENLARGEMENT of a sexually oriented business means
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an increase in the floor area occupied by the business by more than 25 percent, as the
floor area existed on the date an initial application for a license to use the premises as a
sexually oriented business is received by the City designating the floor area of the
structure or proposed structure in which the sexually oriented business will be conducted,
regardless of any subsequent changes in applicants, licensees, owners, or operators of the
premises or the sexually oriented business.
(31) TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented
business means and includes any of the following:
a.
the sale, lease, or sublease of the business;
b.
the transfer of securities that constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
c.
the establishment of a trust, gift, or other similar legal device that
transfers the ownership or control of the business, except for transfer by bequest
or other operation of law upon the death of the person possessing the ownership
or control.
(32) VIP ROOM means any separate area, room, booth, cubicle, or other
portion of the interior of an adult cabaret (excluding a restroom and excluding an area of
which the entire interior is clearly and completely visible from the exterior of the area) to
which one or more customers are allowed access or occupancy and other customers are
excluded.
SEC. 26-253. CLASSIFICATION.
Sexually oriented businesses are classified as follows:
(1)
adult arcades;
(2)
adult bookstores or adult video stores;
(3)
adult cabarets;
(4)
adult motels;
(5)
adult motion picture theaters;
(6)
escort agencies; and
(7)
nude model studios.
SEC. 26-254. LICENSE AND DESIGNATED OPERATOR REQUIRED.
(a)
A person commits an offense if he operates a sexually oriented business without a
valid license issued by the city for the particular type of business.
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(b)
A licensee commits an offense if he fails to maintain at least one designated
operator present on the premises of the sexually oriented business during all hours of operation.
(c)
A person commits an offense if the person rents or subrents a sleeping room in a
hotel, motel, or similar commercial establishment that does not have a sexually oriented business
license more than one time in a ten-hour period.
SEC. 26-255. APPLICATION.
(a)
An application for a license must be made on a form provided by the chief of
police. The application must be accompanied by a sketch or diagram showing the configuration
of the premises, including a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared but must be drawn to a designated scale or drawn
with marked dimensions of the interior of the premises to an accuracy of plus or minus six
inches. The diagram must also designate the place at which the permit will be conspicuously
posted, if granted.
(1)
The sketch or diagram accompanying an application for a license for a
sexually oriented business, other than an adult motel, which exhibits on the premises in a
viewing room of less than 150 square feet of floor space, a film, video cassette, or other
video reproduction that depicts specified sexual activities or specified anatomical areas,
shall also specify the location of one or more manager’s stations and the location of all
overhead lighting fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager's station may not exceed 32 square feet of floor area.
(2)
No alteration in the configuration or location of a manager's station, and
no substantial alteration in the configuration of the premises, may be made without the
prior approval of the chief of police or the chief's designee.
(3)
The chief of police may waive the foregoing diagram for renewal
applications if the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since it was prepared.
(b)
Only a person who is an officer of or who has an ownership interest in a sexually
oriented business may apply for a license for the business. Each applicant must be qualified
according to the provisions of this chapter.
(c)
If a person who wishes to operate a sexually oriented business is an individual, he
must sign the application for a license as the applicant. If a person who wishes to operate a
sexually oriented business is other than an individual, each individual who is an officer of the
business or who has a 20 percent or greater ownership interest in the business must sign the
application for a license as an applicant. The application must be sworn to be true and correct by
each applicant. Each applicant must be qualified under Section 26-256, and each applicant shall
be considered a licensee if a license is granted.
(d)
In addition to identifying those persons required to sign an application under
Subsection (c), the application must identify all parent and related corporations or entities of any
person who will own or operate the sexually oriented business and include the names of the
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officers of each parent or related corporation or entity.
(e)
The application must also include the name, address, and telephone number of
one or more designated operators who will be present on the premises of the sexually oriented
business during all hours of operation. The applicant or licensee shall maintain a current list of
designated operators with the chief of police. Before a person may serve as a designated operator
of the sexually oriented business, the person must be named in the license application, or a
supplement or amendment to the license application, and not be disqualified to operate a sexually
oriented business under this chapter.
(f)
The application must include a current official Texas criminal history report with
a fingerprint card (issued within the preceding 12 months) for the applicant, the applicant's
spouse, and each designated operator showing that they are not disqualified to operate a sexually
oriented business under this chapter.
SEC. 26-256. ISSUANCE OF LICENSE.
(a)
The chief of police shall approve the issuance of a license by the special
collections division of the water utilities department to an applicant within 30 days after receipt
of an application unless the chief of police finds one or more of the following to be true:
(1)
An applicant is a minor.
(2)
An applicant or an applicant's spouse is overdue in payment to the city of
taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the
applicant's spouse in relation to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request for information on
the application form.
(4)
An applicant, an applicant's spouse, or a designated operator has been
convicted of a violation of a provision of this chapter within two years immediately
preceding the application.
(5)
Any fee required by this chapter has not been paid.
(6)
An applicant or the proposed establishment is in violation of or is not in
compliance with Section 26-258, 26-259, 26-266, 26-267, 26-269, 26-270, 26-271, 26272, 26-273, 26-274, 26-275, 26-276, or 26-277(a).
(7)
An applicant, an applicant's spouse, or a designated operator has been:
a.
convicted of any of the following offenses:
1.
as described in Chapter 43 of the Texas Penal Code:
A.
prostitution;
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B.
promotion of prostitution;
C.
aggravated promotion of prostitution;
D.
compelling prostitution;
E.
obscenity;
F.
sale, distribution, or display of harmful material to a
G.
sexual performance by a child; or
H.
possession of child pornography;
minor;
2.
as described in Chapter 21 of the Texas Penal Code:
A.
public lewdness;
B.
indecent exposure; or
C.
indecency with a child;
3.
sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
4.
incest, solicitation of a child, or harboring a runaway child
as described in Chapter 25 of the Texas Penal Code; or
5.
criminal attempt, conspiracy, or solicitation to commit any
of the foregoing offenses; and
b.
less than two years have elapsed since the date of conviction or the date of
release from confinement imposed for the conviction, whichever is the later date,
if the conviction is of a misdemeanor offense;
c.
less than five years have elapsed since the date of conviction or the date of
release from confinement for the conviction, whichever is the later date, if the
conviction is of a felony offense; or
d.
less than five years have elapsed since the date of the last conviction or the
date of release from confinement for the last conviction, whichever is the later
date, if the convictions are of two or more misdemeanor offenses or combination
of misdemeanor offenses occurring within any 24-month period.
(9)
An applicant has been operating the proposed business as a sexually
oriented business without a valid license issued under this chapter.
(10)
Operation of the proposed sexually oriented business would violate the
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city's zoning ordinances.
(b)
The fact that a conviction is being appealed has no effect on the disqualification
of the applicant, the applicant's spouse, or a designated operator under Subsection (a).
(c)
Except as otherwise provided in this subsection, when the chief of police denies
issuance or renewal of a license, the applicant may not apply for or be issued a sexually oriented
business license for one year after the date the denial became final.
(1)
If, subsequent to the denial, the chief of police finds that the basis for the
denial has been corrected or abated, the applicant may apply for and be granted a license
if at least 90 days have elapsed since the date the denial became final.
(2)
If issuance or renewal of a license is denied under Subsection (a)(6) for a
violation of Section 26-267 only, the applicant may be granted a license immediately
upon compliance with Section 26-267 of this chapter.
(3)
If issuance or renewal of a license is denied under Subsection (a)(7)a, the
applicant may not apply for or be issued another sexually oriented business license until
the appropriate number of years required by Subsection (a)(7)b has elapsed.
(4)
If issuance or renewal of a license is denied under Subsection (a)(4), the
applicant may not apply for or be issued another sexually oriented business license until
the time period required by Subsection (a)(4) has elapsed.
(d)
The chief of police, upon approving issuance of a sexually oriented business
license, shall send to the applicant, by certified mail, return receipt requested, written notice of
that action and state where the applicant must pay the license fee and obtain the license. The
chief of police's approval of the issuance of a license does not authorize the applicant to operate a
sexually oriented business until the applicant has paid all fees required by this chapter and
obtained possession of the license.
(e)
The license, if granted, must state on its face the name of the person or persons to
whom it is granted, the expiration date, and the address of the sexually oriented business. The
license must be posted in a conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time.
SEC. 26-257. FEES.
The annual fee for a sexually oriented business license is $1,400 and is non-refundable.
Each employee of a sexually oriented business shall pay a $150.00 annual fee and is nonrefundable.
SEC. 26-258. INSPECTION.
(a)
A person who operates a sexually oriented business or the person's agent or
employee commits an offense if he refuses to permit a lawful inspection of the premises by a
representative of the police department, the fire department, the department of code compliance,
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or the building official at any time the sexually oriented business is occupied or open for
business and at other reasonable times upon request.
(b)
The provisions of this section do not apply to areas of an adult motel that are
currently being rented by a customer for use as a permanent or temporary habitation.
SEC. 26-259. IDENTIFICATION RECORDS.
(a)
A person commits an offense if he operates a sexually oriented business without
maintaining on the premises a current registration card or file that clearly and completely
identifies all employees of the sexually oriented business as required by this section.
(b)
employee:
The registration card or file must contain the following information for each
(1)
Full legal name.
(2)
All aliases or stage names.
(3)
Date of birth.
(4)
Race and gender.
(5)
Hair color, eye color, height, and weight.
(6)
Current residence address and telephone number, and, for designated
operators and adult cabaret entertainers, all residence addresses during the 12-month
period preceding commencement of an employment or contractual relationship with the
sexually oriented business.
(7)
A legible copy of a valid driver's license or other government-issued
personal identification card containing the employee's photograph and date of birth.
(8)
Date of commencement of employment or contractual relationship with
the sexually oriented business.
(9)
Original color photograph with a full face view that accurately depicts the
employee's appearance at the time the employee commenced an employment or
contractual relationship with the sexually oriented business.
(c)
The licensee shall maintain a separate file on each designated operator (other than
the licensee or the licensee's spouse) and on each adult cabaret entertainer, which contains, in
addition to the information and documentation required in Subsection (b), the person's current
official Texas criminal history report with a fingerprint card issued within the preceding 12
months.
(d)
Not later than 90 days after employing or contracting with a designated operator
or an adult cabaret entertainer, the licensee shall include in the file a current official criminal
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history report from any state other than Texas in which the designated operator or adult cabaret
entertainer resided during the 12-month period preceding commencement of the employment or
contractual relationship with the sexually oriented business.
(e)
A licensee commits an offense if he allows a designated operator to operate a
sexually oriented business without having on file, and available for inspection by representatives
of the police department, all records and information required by this section for the designated
operator.
(f)
A licensee or an operator commits an offense if he allows an adult cabaret
entertainer to perform adult cabaret entertainment at a sexually oriented business without having
on file, and available for inspection by representatives of the police department, all records and
information required by this section for the adult cabaret entertainer.
(g)
All records maintained on an employee in compliance with this section must be
retained at the sexually oriented business for at least 90 days following the date of any voluntary
or involuntary termination of the employee's employment or contract with the sexually oriented
business.
(h)
A person who operates a sexually oriented business or the person's agent or
employee shall allow immediate access to these records by representatives of the police
department.
SEC. 26-260. EXPIRATION OF LICENSE.
Each license expires one year from the date of issuance, except that a license issued
pursuant to an exemption to a locational restriction expires on the date the exemption expires. A
license may be renewed only by making application as provided in Section 26-255. Application
for renewal should be made at least 30 days before the expiration date, and when made less than
30 days before the expiration date, the expiration of the license will not be affected by the
pendency of the application.
SEC. 26-261. SUSPENSION.
The chief of police shall suspend a license for a period not to exceed 30 days if the chief
of police determines that a licensee, an operator, or an employee has:
(1)
violated or is not in compliance with Section 26-254(b), 26-258, 26-259,
26-267, 26-269, 26-270, 26-271, 26-272, 26-273, 26-274, 26-275, or 26-276 of this
chapter;
(2)
refused to allow an inspection of the sexually oriented business premises
as authorized by this chapter; or
(3)
knowingly permitted gambling by any person on the sexually oriented
business premises.
SEC. 26-262. REVOCATION.
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(a)
The chief of police shall revoke a license if a cause of suspension in Section 26261 occurs and the license has been suspended within the preceding 12 months.
(b)
The chief of police shall revoke a license if the chief of police determines that one
or more of the following is true:
(1)
A licensee gave false or misleading information in the material submitted
to the chief of police during the application process.
(2)
A licensee or an operator has knowingly allowed possession, use, or sale
of controlled substances on the premises.
(3)
premises.
A licensee or an operator has knowingly allowed prostitution on the
(4)
A licensee or an operator knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended.
(5)
A licensee or designated operator has been convicted of an offense listed
in Section 26-256(a)(7)a for which the time period required in Section 26-256(a)(7)b has
not elapsed.
(6)
On two or more occasions within a 12-month period, an employee of the
sexually oriented business committed an offense listed in Section 26-256(a)(7)a for
which a conviction has been obtained, and the offense was committed on the premises of
the sexually oriented business.
(7)
A licensee or an operator has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the
sexually oriented business premises.
(8)
A licensee is delinquent in payment to the city for hotel occupancy taxes,
ad valorem taxes, or sales taxes related to the sexually oriented business.
(c)
license.
(9)
A licensee or an operator has violated Section 26-266 of this chapter.
(10)
A licensee or an operator has violated Section 26-276(a) of this chapter.
The fact that a conviction is being appealed has no effect on the revocation of the
(d)
Subsection (b)(7) does not apply to adult motels as a ground for revoking the
license unless the licensee or employee knowingly allowed the act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within
public view.
(e)
When the chief of police revokes a license, the revocation will continue for one
year, and the licensee, for one year after the date revocation becomes effective, shall not apply
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for or be issued a sexually oriented business license for the same location for which the license
was revoked. If, subsequent to revocation, the chief of police finds that the basis for the
revocation has been corrected or abated, the applicant may apply for and be granted a license if
at least 90 days have elapsed since the date the revocation became effective. If the license was
revoked under Subsection (b)(5), an applicant may not apply for or be granted another license
until the appropriate number of years required under Section 26-256(a)(7)b has elapsed.
SEC. 26-263. DENIAL, SUSPENSION, REVOCATION, OR DENIAL OF RENEWAL OF
A LICENSE FOR CRIMINAL CONVICTIONS.
(a)
In determining whether a sexually oriented business license should be denied,
suspended, revoked, or denied for renewal based on criminal convictions of an applicant or
licensee of a sexually oriented business, or on convictions of an operator or employee of the
applicant, the licensee, or the sexually oriented business, all convictions for offenses occurring
within a designated time period will be counted, regardless of whether the offenses occurred
during the current license period, a prior license period, or an unlicensed period.
(b)
Notwithstanding Subsection (a), a conviction for an offense committed during a
prior license period or an unlicensed period will not be counted against a current applicant or
licensee of a sexually oriented business if no person who is deemed a current applicant or
licensee was an applicant, licensee, owner, or operator of the sexually oriented business during
the prior license period or unlicensed period in which the offense was committed.
SEC. 26-264. NOTICE OF DENIAL OF ISSUANCE OR RENEWAL OF LICENSE OR
SUSPENSION OR REVOCATION OF LICENSE; SURRENDER OF LICENSE.
(a)
If the chief of police denies the issuance or renewal of a sexually oriented
business license or suspends or revokes a sexually oriented business license, the chief of police
shall deliver to the applicant or licensee, either by hand delivery or by certified mail, return
receipt requested, written notice of the action, the basis of the action, and the right to an appeal.
(b)
If the chief of police suspends or revokes a license or denies renewal of a license
that was valid on the date the application for renewal was submitted, the chief of police may not
enforce such action before the 11th day after the date the written notice required by Subsection
(a) is delivered to the applicant or licensee.
(c)
After suspension or revocation of a license or denial of renewal of a license that
was valid on the date the application for renewal was submitted, the applicant or licensee shall
discontinue operating the sexually oriented business and surrender the license to the chief of
police by 11:59 p.m. of the 10th day after the date:
(1)
notice required by Subsection (a) is delivered to the applicant or licensee,
if no appeal is filed under Section 26-265 of this chapter; or
(2)
a final decision is issued by the City Council upholding the action of the
chief of police, if an appeal to the City Council is filed under Section 26-265 of this
chapter.
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(d)
For purposes of this chapter, written notice is deemed to be delivered:
(1)
on the date the notice is hand delivered to the applicant or licensee; or
(2)
three days after the date the notice is placed in the United States mail with
proper postage and properly addressed to the applicant or licensee at the address provided
for the applicant or licensee in the most recent license application.
SEC. 26-265. APPEAL.
(a)
Upon delivery of written notice of the denial, suspension, or revocation of a
sexually oriented business license as required by Section 26-264, the applicant or licensee whose
application for a license or license renewal has been denied or whose license has been suspended
or revoked has the right to appeal to the City Council.
(b)
The City Council shall hear and consider evidence offered by any interested
person. The formal rules of evidence do not apply. The City Council shall decide the appeal on
the basis of a preponderance of the evidence presented at the hearing if there is a dispute of fact,
otherwise the Council shall decide the appeal in accordance with the provisions of this code. The
Council shall affirm, reverse, or modify the action of the chief of police by a majority vote.
Failure to reach a majority decision on a motion leaves the chief's decision unchanged. The
decision of the City Council is final as to administrative remedies, and no rehearing may be
granted.
(c)
The filing of an appeal under this section stays the action of the chief of police in
suspending or revoking a license, or in denying renewal of a license that was valid on the date
the application for renewal was submitted, until a final decision is made by the City Council. A
suspension or revocation of a license, or a denial of renewal of a license that was valid on the
date the application for renewal was submitted, that is upheld by the Council takes effect at
11:59 p.m. on the 10th day after the Council issues its decision.
(d)
An appeal to the state district court must be filed within 30 days after a final
decision is issued by the permit and license appeal board upholding the decision of the chief of
police. Review is under the substantial evidence rule, and the applicant or licensee shall bear the
burden of proof in court.
SEC. 26-266. TRANSFER OF LICENSE.
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually
oriented business under the authority of a license at any place other than the address designated
in the application.
SEC. 26-267. LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a)
A person commits an offense if he causes or permits the operation, establishment,
substantial enlargement, or transfer of ownership or control of a sexually oriented business
within 1,000 feet of the following zoning districts: RE, R-1, R-2, R-3, R-4, R-5, MF-1, MF-2,
MF-3, RP, MH-1.
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(b)
A person commits an offense if he causes or permits the operation, establishment,
substantial enlargement, or transfer of ownership or control of a sexually oriented business
within 1,000 feet of:
(1)
(2)
(3)
(4)
a church;
a public or private elementary or secondary school;
a public park;
a child-care facility.
(c)
Requirements for posting an intent to locate a sexually oriented business.
(1)
The operator of a proposed sexually oriented business whall post a sign at
the intended location of the business in compliance with Section 243.0075 of the Texas
Local Government Code, as it may be amended from time to time.
(2)
The operator of a proposed sexually oriented business shall notify the
chief of police of compliance with the requirements of paragraph (b)(1) of this section, by
either certified mail or hand delivery. The notification must be in the form of a sworn
statement indicating the location of the sign and the date it was posted and must be
received by the chief of police within five days after the date of the sign's posting.
SEC. 26-268. EXEMPTION FROM LOCATION RESTRICTIONS.
(a)
If the chief of police denies the issuance of a license to an applicant because the
location of the sexually oriented business establishment is in violation of Section 26-267 of this
chapter, then the applicant may, not later than 10 calendar days after receiving notice of the
denial, file with the city secretary a written request for an exemption from the locational
restrictions of Section 26-267.
(b)
If the written request is filed with the city secretary within the 10-day limit, the
City Council shall consider the request at a public hearing. The city secretary shall set a date for
the hearing within 60 days from the date the written request is received.
(c)
The Council shall hear and consider evidence offered by any interested person.
The formal rules of evidence do not apply.
(d)
The City Council may, in its discretion, grant an exemption from the locational
restrictions of Section 26-267 if it makes the following findings:
(1)
that the location of the proposed sexually oriented business will not have a
detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2)
that the location of the proposed sexually oriented business will not
downgrade the property values or quality of life in the adjacent areas or encourage the
development of urban blight;
(3)
that the location of the proposed sexually oriented business in the area will
not be contrary to any program of neighborhood conservation nor will it interfere with
any efforts of urban renewal or restoration; and
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(4)
that all other applicable provisions of this chapter will be observed.
(e)
Failure of the Council to reach a majority vote shall result in denial of the
requested exemption. Disputes of fact shall be decided on the basis of a preponderance of the
evidence. The decision of the City Council is final.
(f)
If the Council grants the exemption, the exemption is valid for one year from the
date of the Council's action. Upon the expiration of an exemption, the sexually oriented business
is in violation of the locational restrictions of Section 26-267 until the applicant applies for and
receives another exemption.
(g)
If the board denies the exemption, the applicant may not re-apply for an
exemption until at least 12 months have elapsed since the date of the board's action.
(h)
The grant of an exemption does not exempt the applicant from any other
provisions of this chapter other than the locational restrictions of Section 26-267. The grant of an
exemption does not exempt the applicant from the provisions of Section 26-267 prohibiting
substantial enlargement of a sexually oriented business.
SEC. 26-269. EXTERIOR PORTIONS OF SEXUALLY ORIENTED BUSINESSES.
(a)
An owner or operator of a sexually oriented business commits an offense if he
allows:
(1)
the merchandise or activities of the establishment to be visible from any
point outside the establishment; or
(2)
the exterior portions of the establishment to be painted any color other
than a single achromatic color, except that this paragraph does not apply to an
establishment if the following conditions are met:
a.
the establishment is a part of a commercial multi-unit center; and
b.
the exterior portions of each individual unit in the commercial
multi-unit center, including the exterior portions of the establishment, are painted
the same color as one another or are painted in such a way as to be a component
of the overall architectural style or pattern of the commercial multi-unit center.
(b)
Nothing in this section requires the painting of an otherwise unpainted exterior
portion of a sexually oriented business.
(c)
Notwithstanding any provision of the Palestine Development Code or any other
city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented
business or any other person commits an offense if he erects, constructs, or maintains any sign
for the establishment other than one primary sign and one secondary sign, as provided in this
section.
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(d)
A primary sign may have no more than two display surfaces. Each display
surface must:
(e)
(1)
not contain any flashing lights;
(2)
be a flat plane, rectangular in shape;
(3)
not exceed 32 square feet in area; and
(4)
not exceed 10 feet in height or 10 feet in length.
A secondary sign may have only one display surface. The display surface must:
(1)
not contain any flashing lights;
(2)
be a flat plane, rectangular in shape;
(3)
not exceed 20 square feet in area;
(4)
not exceed five feet in height or four feet in width; and
(5)
be affixed or attached to a wall or door of the establishment.
(f)
A primary or secondary sign must contain no photographs, silhouettes, drawings,
or pictorial representations of any manner, and may contain nothing other than:
(1)
the name of the establishment; and
(2)
one or more of the following phrases:
a.
“Adult arcade.”
b.
“Adult bookstore or adult video store.”
c.
“Adult cabaret.”
d.
“Adult motel.”
e.
“Adult motion picture theater.”
f.
“Escort agency.”
g.
“Nude model studio.”
(g)
In addition to the phrases listed in Subsection (d)(2) of this section, a primary sign
for an adult motion picture theater may contain the phrase, “Movie Titles Posted on Premises,”
and a primary sign for an adult bookstore or adult video store may contain the word "DVD's".
(h)
Each letter forming a word on a primary or secondary sign must be of a solid
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 23
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color, and each letter must be the same print-type, size, and color. The background behind the
lettering on the display surface of a primary or secondary sign must be of a uniform and solid
color.
SEC. 26-270. ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.
A person commits an offense if the person acts as an escort or agrees to act as an escort
for a minor.
SEC. 26-271. ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.
(a)
A minor commits an offense if the minor appears in a state of nudity in or on the
premises of a nude model studio.
(b)
A person commits an offense if the person appears in a state of nudity or
knowingly allows another to appear in a state of nudity in an area of a nude model studio
premises that can be viewed from the public right-of-way.
(c)
A nude model studio shall not place or permit a bed, sofa, or mattress in any room
on the premises, except that a sofa may be placed in a reception room open to the public.
(d)
An employee of a nude model studio, while exposing any specified anatomical
areas, commits an offense if the employee touches a customer or the clothing of a customer.
(e)
A customer at a nude model studio commits an offense if the customer touches an
employee who is exposing any specified anatomical areas or touches the clothing of the
employee.
(f)
A licensee, an operator, or an employee of a nude model studio commits an
offense if he permits any customer access to an area of the premises not visible from the
manager's station or open corridors without entering a closed area, excluding a restroom.
SEC. 26-272. ADDITIONAL REGULATIONS FOR ADULT MOTION PICTURE
THEATERS.
(a)
A person commits an offense if he knowingly allows a minor to appear in a state
of nudity in or on the premises of an adult motion picture theater.
(b)
A minor commits an offense if the minor knowingly appears in a state of nudity in
or on the premises of an adult motion picture theater.
SEC. 26-273. ADDITIONAL REGULATIONS FOR ADULT MOTELS.
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has
been rented and vacated two or more times in a period of time that is less than 10 hours creates a
rebuttable presumption that the establishment is an adult motel as that term is defined in this
chapter.
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 24
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a)
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel,
or similar commercial establishment that does not have a sexually oriented business license,
he or she rents or sub-rents a sleeping room to a person and within ten hours from the time
the room is rented, he or she rents or sub-rents the same sleeping room again.
(b) For purposes of subsection (a) of this section, the terms "rent" and "sub-rent" mean the act
of permitting a room to be occupied for any form of consideration.
SEC. 26-274. ADDITIONAL REGULATIONS FOR ADULT CABARETS.
(a)
A licensee or an operator of an adult cabaret commits an offense if he employs,
contracts with, or otherwise allows a person to act as an adult cabaret entertainer if the person
has been convicted of an offense listed in Section 26-256(a)(7)a for which the time period
required in Section 26-256(a)(7)b has not elapsed.
(b)
An employee of an adult cabaret, while exposing any specified anatomical areas,
commits an offense if the employee touches a customer or the clothing of a customer.
(c)
A customer at an adult cabaret commits an offense if the customer touches an
employee who is exposing any specified anatomical areas or touches the clothing of the
employee.
(d)
Except for a restroom or an area of which the entire interior is clearly and
completely visible from the exterior of the area, no area of an adult cabaret that is accessible to a
customer may be separated from any other customer-accessible area by a door, wall, curtain,
drape, partition, or room divider of any kind. Nothing in this subsection precludes the installation
or maintenance of any wall or column that is essential to the structural integrity of the building.
(e)
A licensee, an operator, or an employee of an adult cabaret commits an offense if
he permits any customer access to an area of the premises:
(1)
not visible from the manager's station or not visible by open corridors of
the premises without entering a closed area, excluding a restroom; or
(2)
not regularly open to all customers of the business.
(f)
Adult cabaret entertainment must occur only in the presence of, and be visually
observable by, an employee who is not an adult cabaret entertainer. A licensee or operator
commits an offense if he knowingly allows adult cabaret entertainment to be performed in
violation of this subsection.
(g)
The purpose of Subsections (d), (e), and (f) of this section is to reduce the
opportunity for unlawful activity such as indecent exposure, solicitation for prostitution, and
prostitution that occurs in VIP rooms and other areas of adult cabarets that are not open to the
view of management personnel, law enforcement officers, and customers. By prohibiting VIP
rooms and requiring adult entertainment to be performed in more open and visible surroundings,
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 25
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unlawful activity will be deterred because it will be more readily observable by management
personnel, law enforcement officers, and customers.
SEC. 26-275. REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY
EXPLICIT FILMS OR VIDEOS.
(a)
A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing room of less than 150
square feet of floor space, a film, video cassette, or other video reproduction that depicts
specified sexual activities or specified anatomical areas, shall comply with the following
requirements:
(1)
An application for a sexually oriented business license must be
accompanied by a diagram of the premises specifying the location of one or more
manager’s stations and the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A manager's station may
not exceed 32 square feet of floor area. The diagram must also designate the place at
which the permit will be conspicuously posted, if granted. A professionally prepared
diagram in the nature of an engineer's or architect's blueprint is not required; however,
each diagram should be oriented to the north or to some designated street or object and
should be drawn to a designated scale or with marked dimensions sufficient to show the
various internal dimensions of all areas of the interior of the premises to an accuracy of
plus or minus six inches. The chief of police may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered since it was prepared.
(2)
The application must be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager's station may
be made without the prior approval of the chief of police or the chief's designee.
(4)
It is the duty of the owners and operator of the premises to ensure that at
least one employee is on duty and situated in each manager's station at all times that any
patron is present inside the premises.
(5)
The interior of the premises must be configured in such a manner that
there is an unobstructed view from a manager’s station of every area of the premises to
which any patron is permitted access for any purpose excluding restrooms. Restrooms
may not contain video recording equipment. The view required in this subsection must be
by direct line of sight from the manager's station.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that the view area
specified in Paragraph (5) of this subsection remains unobstructed by any doors, walls,
merchandise, display racks, or other materials at all times that any patron is present in the
premises and to ensure that no patron is permitted access to any area of the premises that
has been designated as an area in which patrons will not be permitted in the application
filed pursuant to Paragraph (1) of this subsection.
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(7)
The premises must be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than one foot candle as measured at the floor level.
(8)
It shall be the duty of the owners and operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that the illumination
described in Paragraph (7) of this subsection is maintained at all times that any patron is
present in the premises.
(b)
A person having a duty under Paragraphs (1) through (8) of Subsection (a)
commits an offense if he knowingly fails to fulfill that duty.
SEC. 26-276. DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS.
(a)
A person commits an offense if, in a business establishment open to minors, the
person displays a book, pamphlet, newspaper, magazine, film, or video cassette, the cover of
which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to
exploit sexual lust or perversion for commercial gain, any of the following:
(1)
human sexual intercourse, masturbation, or sodomy;
(2)
fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breasts;
(3)
less than completely and opaquely covered human genitals, buttocks, or
that portion of the female breast below the top of the areola; or
(4)
uncovered.
human male genitals in a discernibly turgid state, whether covered or
(b)
In this section "display" means to locate an item in such a manner that, without
obtaining assistance from an employee of the business establishment:
(1)
it is available to the general public for handling and inspection; or
(2)
the cover or outside packaging on the item is visible to members of the
general public.
SEC. 26-277. PROHIBITIONS
BUSINESSES.
(a)
AGAINST
MINORS
IN SEXUALLY ORIENTED
A licensee or an operator commits an offense if he knowingly:
(1)
business;
allows a minor to enter the interior premises of a sexually oriented
(2)
employs, contracts with, or otherwise engages or allows a minor to
perform adult cabaret entertainment; or
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 27
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(3)
employs a minor in a sexually oriented business.
(b)
Knowledge on the part of the licensee or operator is presumed under Paragraph
(2) or (3) of Subsection (a) if identification records were not kept in accordance with the
requirements of Section 26-259, and properly kept records would have informed the licensee or
operator of the minor's age.
(c)
An employee commits an offense if the employee knowingly:
(1)
business;
allows a minor to enter the interior premises of a sexually oriented
(2)
employs, contracts with, or otherwise engages or allows a minor to
perform adult cabaret entertainment; or
(3)
employs a minor in a sexually oriented business.
(d)
A minor commits an offense if the minor knowingly enters the interior premises
of a sexually oriented business.
SEC. 26-278. ENFORCEMENT.
(a)
Whenever a person does an act that is forbidden, fails to perform an act that is
required, or commits an act that is made an offense by any provision of this chapter, the violation
is punishable as provided by Section 243.010(b) of the Texas Local Government Code, as
amended. A person violating a provision of this chapter is guilty of a separate offense for each
day or part of a day during which the violation is committed, continued, or permitted.
(b)
Except where otherwise specified, a culpable mental state is not required for the
commission of an offense under this chapter.
(c)
It is a defense to prosecution under Section 26-254(a), 26-267, or 26-271(c) that a
person appearing in a state of nudity did so in a modeling class operated:
(1)
(2)
taxation;
by a proprietary school licensed by the state of Texas;
by a college, junior college, or university supported entirely or partly by
(3)
by a private college or university that maintains and operates educational
programs in which credits are transferrable to a college, junior college, or university
supported entirely or partly by taxation; or
(3)
in a structure:
a.
that has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for
viewing; and
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 28
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b.
where in order to participate in a class a student must enroll
at least three days in advance of the class; and
c.
where no more than one nude model is on the premises at
any one time.
(d)
It is a defense to prosecution under Section 26-254(a) or Section 26-267 that each
item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole,
contains serious literary, artistic, political, or scientific value.
SEC. 26-279. INJUNCTION.
A person who operates or causes to be operated a sexually oriented business without a
valid license or in violation of Section 26-267 of this chapter is subject to a suit for injunction as
provided in Section 243.010 of the Texas Local Government Code as well as prosecution for
criminal violations.
SEC. 26-280. AMENDMENT OF THIS CHAPTER.
Sections 26-267 and 26-268 of this chapter may be amended only after compliance with
the procedure required to amend a zoning ordinance. Other sections of this chapter may be
amended by vote of the city council.
II.
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to
the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being
commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
III.
Should any provision of this Ordinance be declared unconstitutional or invalid by a
court of competent jurisdiction, it is expressly provided that any and all remaining portions of
this Ordinance shall remain in full force and effect. The City Council hereby declares that it
would have passed all remaining provisions in this Ordinance notwithstanding the fact that any
one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional
or invalid. Further, it is the intent of the City Council that should any or all provisions of the
newly-enacted Ordinance be found unconstitutional, the prior law with relation to the
provisions found invalid shall not be repealed but shall remain in effect.
IV.
This Ordinance shall become effective ten days after its publication as required by the
City Charter and by law. The moratorium on the issuance of sexually oriented business licenses
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 29
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shall continue in effect until this Ordinance becomes effective.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palestine,
Texas, at a regular meeting held on this the 12th day of January 2015.
___________________________________
THERRELL THOMAS, MAYOR
ATTEST:
APPROVED AS TO FORM:
TERESA HERRERA, CITY SECRETARY
RONALD D. STUTES, CITY ATTORNEY
SEXUALLY ORIENTED BUSINESS ORDINANCE – Page 30
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SEXUALLY ORIENTED BUSINESSES
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DO VE RID
POTENTIAL LOCATIONS FOR
SEXUALLY ORIENTED BUSINESSES
Properities shaded blue are at least
1,000 feet from residential zones and
1,500 feet from a church, public or private
elementary or secondary school, public park
and a child-care facility