2728 S Loop 256 Under Construction Whataburger 1717 S Loop 256 Demolition In Progress Cartmell Home 2212 W Reagan Street Assisted Living Facility New El Tejano 300 W Palestine Avenue New Mobi ID: 827007
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Palestine Toyota 2728 S. Loop 256 Un
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) 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 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 StreetTwo Family Dwelling Residential 119 Trail Hollow Single Family Dwelling DEVELOPMENT SERVICES DEPARTMENT MONTHLY REPORT December 2014 DEPARTMENT DIVISIONS Planning And Development Building Inspections/PermittingHealth Inspections Historic Preservation Code Enforcement Permit Summary December 2014 January--December 2014 $15,337.48 Permit Revenue $102,000 Permit Revenue Totals include all activities requiring a permit and license issued by Development Services New Certificates of Occupancy Issued (New Business) Current Construction Projects Commercial and Residential Building Permits Issued BUILDING PERMITTING AND CONSTRUCTION Page | 2 Development Services December 2014 Monthly Activity No substandard structures were demolished in the month of December. Recommended adopting the following building codes: 2012 International Plumbing Code 2012 International Mechanical Code 2
012 International Fuel Gas Code Per
012 International Fuel Gas Code Permit Revenue and Building Permitting (2010 through 2014) $93,812 $62,464 $51,784 $75,973 $101,988 $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2010 2011 2012 2013 2014 Permit Revenue 113 80 75 82 100 0 20 40 60 80 100 120 2010 2011 2012 2013 2014 Building Permits Issued Permit revenue includes the following: Zoning and plat fees Building permits Electrical Plumbing Mechanical Public improvements Health license Alarms (commercial) Building permits include the following activities: Commercial remodels, additions and new buildings Residential remodels, additions and new residences 8 4 10 8 5 4 20 0 5 10 15 20 25 2008 2009 2010 2011 2012 2013 2014 Substandard Structure Demolitions (2008 through 2014) Code Enforcement (Substandard Structures) Building and Standards Commission Page | 3 Development Services December 2014 Monthly Report 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 non-historic 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
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 pa
rticular building. Additional dialogues
rticular 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 Historic Preservation (Fiscal year report from the Historic Preservation Officer) Page | 4 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 represent
atives regarding properties, as well as
atives 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. 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. Planning and Zoning Commission Non-ParkingParkingState LawOrdinance2Dispositions Prior to Trial:ABonds Forfeited00000BFined39026166CCases Dismissed00000Total Dispositions Prior to Trial390261663Dispositions at Trial:APlea of Guilty or Nolo Contendere34011954B1Guilty by Judge00000B2Not Guilty by Judge00000C1Guilty by Jury00000C2Not Guilty by Jury00000DDismissed at Trial325111Total Dispositions at Trial3721610654Cases Dismissed:AAfter Driver Safety Course1400014BAfter Deferred Disposition50207CAfter Proof of Financial Responsibility20002DCompliance Dismissal90009Total Categorized Dismissals30020325Community Service Ordered:000006Cases Appealed30104Totals 2,3,4,5106244111637Juvenile Activity8. DL Suspension Hearings09. Property Hearings0AABC Code Offenses (Non-Driving)010. Search Warrants Issued0BDUI Alcohol111. Arrest Warrants Issued56CHealth and Safety Code (Tobacco)012. Capias Pro Fine Issued18DTransportation Code613. Magistrate Warnings Given27ETruancy/Failure to attend Hearings0 A. Class C Misdemeanors Only21FNon-Traffic Offenses1 B. Felonies/A and B Misdemeanors0GWai
ve Jurisdiction on Non-Traffic0HEduca
ve Jurisdiction on Non-Traffic0HEducation Code0Total Court Fines and Fees$26,022.25The Total Court Fine and Fees amount includes both City Revenue and State Revenue.City of PalestineOfficial Municipal Court Monthly ReportMonth of November 2014Traffic MisdemeanorsNon-Traffic MisdemeanorsTotal1Juvenile Activity and Other Magistrate FunctionsCaseload Reporting - Primary Activity of the CourtNew Cases Filed During Month960531516412-1313-1414-1512-1313-1413-14October182202266October21,031.56$ 29,745.14$ 36,446.02$ November183129164November31,903.72$ 20,476.15$ 26,022.25$ December184179December16,866.39$ 22,497.54$ -$ January303209January37,852.02$ 27,159.26$ -$ February412249February80,665.66$ 52,320.43$ -$ March339186March57,266.26$ 51,025.52$ -$ April329235April51,909.63$ 30,707.84$ -$ May297218May41,427.82$ 37,273.85$ -$ June144180June29,991.01$ 27,748.61$ -$ July232175July35,107.84$ 28,609.09$ -$ August191193August37,878.27$ 30,106.09$ -$ September261234September35,266.63$ 33,214.36$ -$ Total30572389430Total477,166.81$ 390,883.88$ 62,468.27$ City of Palestine Municipal CourtActivity Report - FY 2013 - 2014Charges FiledAll Tickets and Other Complaints (Fail to Appear, School Cases, etc.)Revenue050100150200250300350400450Charges Filed in Municipal Court 12-1313-1414-15 $- $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 $60,000.00 $70,000.00 $80,000.00 $90,000.00Revenue By Month 12-1313-1413-14Where the Money Goes:State of Texas8,124.88$
City of Palestine17,303.55$
City of Palestine17,303.55$ Collection Agency552.19$ OMNI41.63$ Total Collections26,022.25$ 31% 67% 2% 0% State of TexasCity of PalestineCollection AgencyOMNIFY 14-15OctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecTotalWarrantsIssued4874122Cleared323163ValueIssued$15,473.70$23,013.51$38,487.21Cleared$11,295.33$10,313.02$21,608.35CollectedTotal Paid$4,105.17$6,156.06$10,261.23OtherArrests5510Service Attempts79620FY 13-14OctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecTotalWarrantsIssued110459056465650122565848114851Cleared352021377161215038342633447ValueIssued$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$267,288.55Cleared$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$150,750.89CollectedTotal Paid$3,865.93$2,257.50$3,417.26$2,870.80$20,931.1017.982.46$5,004.36$8,693.80$4,695.20$4,116.72$5,800.44$3,203.90$64,857.01OtherArrests733886366731070Service Attempts1116375919495487382885375298City Marshal Department Statistic Report$0.00$5,000.00$10,000.00$15,000.00$20,000.00$25,000.00OctNovWarrants Issued vs. Warrants Cleared IssuedCleared 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 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 of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $366.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1170 D.O.C. OBSCENE LANGUAGE Statute: PENAL CODE 42.01(1) Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $316.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1220 PUBLIC INTOXICATION Statute: PENAL CODE 49.02 Totals for Offense Number of Citations for Offense.....: 8 Number of Violations for Offense....: 8 Amount of Fines/Fines Assessed......: $2,464.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 2100 POSSESSION OF DRUG PARAPHERNALIA Statute: 481.125 H&S Code Totals f
or Offense Number of Citations for Off
or Offense Number of Citations for Offense.....: 3 Number of Violations for Offense....: 3 Amount of Fines/Fines Assessed......: $1,032.00 Number of Citations to Juveniles....: 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 of Citations for Offense.....: 5 Number of Violations for Offense....: 5 Amount of Fines/Fines Assessed......: $915.50 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3007 RAN RED LIGHT Statute: TRC 544.007 Totals for Offense Number of Citations for Offense.....: 1 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-------------------------------------------------------------------------------- 3016 DROVE WRONG WAY ON ONE-WAY ROADWAY Statute: TRC 545.059 Totals for Offense Number of Citations for Offense.....: 1 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-------------------------------------------------------------------------------- 3049 FAIL TO MAINTAIN FINANCIAL RESPONSIBILITY Statute: 601.191 Totals for Offense Nu
mber of Citations for Offense.....:
mber of Citations for Offense.....: 6 Number of Violations for Offense....: 6 Amount of Fines/Fines Assessed......: $2,076.00 Number of Citations to Juveniles....: 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 of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $249.10 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3055 FAIL TO YIELD ROW TURNING LEFT Statute: 545.152 Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $468.20 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3056 FAIL TO YIELD ROW (PRIVATE DRIVE/ALLEY ,BUILDING) Statute: 545.155 Tot
als for Offense Number of Citations fo
als for Offense Number of Citations for Offense.....: 4 Number of Violations for Offense....: 4 Amount of Fines/Fines Assessed......: $717.30 Number of Citations to Juveniles....: 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 of Citations for Offense.....: 1 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-------------------------------------------------------------------------------- 3103 NO DRIVER'S LICENSE (OVER 18 YOA) Statute: TRC 521.021 Totals for Offense Number of Citations for Offense.....: 10 Number of Violations for Offense....: 10 Amount of Fines/Fines Assessed......: $1,811.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 3-------------------------------------------------------------------------------- 3104 DRIVING WHILE LICENSE INVALID Statute: SEC
521.457 Totals for Offense Numb
521.457 Totals for Offense Number of Citations for Offense.....: 12 Number of Violations for Offense....: 12 Amount of Fines/Fines Assessed......: $4,092.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3205 EXPIRED MOTOR VEHICLE INSPECTION Statute: 548.051 Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $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 of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $166.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3287 FAIL TO YIELD ROW TURNING ON RED SIGNAL Statute: TRC 544.007 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $249.10 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3288 FAIL TO YIELD ROW CHANGING LAN
ES Statute: TRC 545.061 Totals f
ES Statute: TRC 545.061 Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $468.20 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3323 OPEN CONTAINER Statute: 49.031 PC Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $366.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 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 of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $548.00 Number of Citations to Juveniles....: 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.....: 9 Number of Violations for Offense....: 9 Amount of Fines/Fines Assessed......: $3,091.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3554 STANDING IN PROHIBITED AREA Statute: TRC
545.302 Totals for Offense Numb
545.302 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $140.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3586 SPEEDING ABOVE POSTED LIMIT Statute: TRC 545.351 Totals for Offense Number of Citations for Offense.....: 24 Number of Violations for Offense....: 24 Amount of Fines/Fines Assessed......: $5,258.40 Number of Citations to Juveniles....: 2 Number of Citations to Minors.......: 8-------------------------------------------------------------------------------- 1/08/2015 10:58 AM COFFRPT Page: 8 Citation Date: 11/01/2014 - 11/30/2014 Summary-------------------------------------------------------------------------------- 3596 SPEEDING IN A SCHOOL ZONE Statute: Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $498.20 Number of Citations to Juveniles....: 1 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3656 EXPIRED REGISTRATION Statute: TRC 502.407 Totals for Offense Number of Citations for Offense.....: 6 Number of Violations for Offense....: 6 Amount of Fines/Fines Assessed......: $563.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4000 DIGGING OUT Statute: SEC 94-62 Totals for Offense Num
ber of Citations for Offense.....:
ber of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $316.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 4200 ANIMAL RUNNING AT LARGE Statute: 14-11 (A) Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $432.00 Number of Citations to Juveniles....: 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 of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $216.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4205 NO RABIES TAGS Statute: SEC 14-46 Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $432.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- PROP PROPERTY HEARING Statute: Totals for Offense Number of Citations for Offense.....: 1 Number of Viol
ations for Offense....: 1 Amou
ations for Offense....: 1 Amount of Fines/Fines Assessed......: $0.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1100F ASSAULT BY PHYSICAL CONTACT - FAMILY VIOLENCE Statute: PC 22.01 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $416.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3031B CHILD 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 of Citations for Offense.....: 5 Number of Violations for Offense....: 5 Amount of Fines/Fines Assessed......: $1,215.50 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 2-------------------------------------------------------------------------------- 3103A NO DRIVER'S LICENSE (18 YOA & UNDER) Statute: TRC 521.021 Totals for Offense Number of Citations for Offense.....: 1 Number o
f Violations for Offense....: 1
f Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $166.10 Number of Citations to Juveniles....: 1 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3205A EXPIRED MOTOR VEHICLE INSPECTION - OVER 2 MONTHS Statute: 548.051 Totals for Offense Number of Citations for Offense.....: 3 Number of Violations for Offense....: 3 Amount of Fines/Fines Assessed......: $547.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- Totals for Offense Level Total Citations for Offense Level...: 124 Total Violations for Offense Level..: 136 Amount of Fines/Fines Assessed......: $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 Number of Citations...........: 124 Total Number of Violations..........: 136 Total Amount of Fines/Fines Assessed: $33,313.90 Total Number of Citations Juveniles.: 6 Total Number of Citations Minors....: 18 Total Number of OffensesFY 14-15OctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecTotalWarrantsIssued487782207Cleared32312083ValueIssued$15,473.70$23,323.60$26,799.00$65,596.30Cleared$11,295.33$10,313.02$8,361.39$29,969.74CollectedTotal Paid$4,105.17$6,156.06$3,252.83$13,514.0
6OtherArrests55414Service Attempt
6OtherArrests55414Service Attempts7962710FY 13-14OctNovDecJanFebMarAprMayJunJulAugSeptOctNovDecTotalWarrantsIssued110459056465650122565848114851Cleared352021377161215038342633447ValueIssued$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$267,288.55Cleared$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$150,750.89CollectedTotal Paid$3,865.93$2,257.50$3,417.26$2,870.80$20,931.1017.982.46$5,004.36$8,693.80$4,695.20$4,116.72$5,800.44$3,203.90$64,857.01OtherArrests733886366731070Service Attempts1116375919495487382885375298City Marshal Department Statistic Report$0.00$5,000.00$10,000.00$15,000.00$20,000.00$25,000.00$30,000.00OctNovDecWarrants Issued vs. Warrants Cleared IssuedCleared 1/08/2015 4:52 PM 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 of Citations for Offense.....: 13 Number of Violations for Offense....: 13 Amount of Fines/Fines Assessed......: $2,793.30 Number of Citations to Juveniles....: 1 Number of Citations to Minors.......: 2-------------------------------------------------------------------------------- 3596 SPEEDING IN A SCHOOL ZONE Statute: Totals for Offense Number of Citations for Offe
nse.....: 2 Number of Violatio
nse.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $468.20 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3628 USE EQUIPMENT NOT APPROVED/WINDOW TINT Statute: 547.101 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $199.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3656 EXPIRED REGISTRATION Statute: TRC 502.407 Totals for Offense Number of Citations for Offense.....: 7 Number of Violations for Offense....: 7 Amount of Fines/Fines Assessed......: $945.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 3 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 of Citations for Offense.....: 1 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----------------------------
: 0-------------------------------------------------------------------------------- 3103 NO DRIVER'S LICENSE (OVER 18 YOA) Statute: TRC 521.021 Totals for Offense Number of Citations for Offense.....: 10 Number of Violations for Offense....: 10 Amount of Fines/Fines Assessed......: $1,594.90 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 3-------------------------------------------------------------------------------- 3104 DRIVING WHILE LICENSE INVALID Statute: SEC 521.457 Totals for Offense Number of Citations for Offense.....: 13 Number of Violations for Offense....: 13 Amount of Fines/Fines Assessed......: $4,308.00 Number of Citations to Juveniles....: 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.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $518.00 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 of Citations for Offense.....: 6 Number of Violations for Offense....:
6 Amount of Fines/Fines Assess
6 Amount of Fines/Fines Assessed......: $1,514.60 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3055 FAIL TO YIELD ROW TURNING LEFT Statute: 545.152 Totals for Offense Number of Citations for Offense.....: 3 Number of Violations for Offense....: 3 Amount of Fines/Fines Assessed......: $782.30 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3056 FAIL TO YIELD ROW (PRIVATE DRIVE/ALLEY ,BUILDING) Statute: 545.155 Totals for Offense Number of Citations for Offense.....: 5 Number of Violations for Offense....: 5 Amount of Fines/Fines Assessed......: $1,155.50 Number of Citations to Juveniles....: 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: 3 Citation Date: 12/01/2014 - 12/31/2014 Summary-------------------------------------------------------------------------------- Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $366.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3002 UNSAFE SPEED/TOO FAST FOR CONDITIONS Statute: 545.351 Totals for
Offense Number of Citations for Offen
Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $249.10 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3006 RAN STOP SIGN Statute: 544.010 Totals for Offense Number of Citations for Offense.....: 10 Number of Violations for Offense....: 10 Amount of Fines/Fines Assessed......: $2,001.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 3007 RAN RED LIGHT Statute: TRC 544.007 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $249.10 Number of Citations to Juveniles....: 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: 2 Citation Date: 12/01/2014 - 12/31/2014 Summary-------------------------------------------------------------------------------- Z CRUELLY TREATED ANIMAL HEARING Statute: 821.023 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $0.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1020 THEFT U
NDER $50.00 Statute: PENAL CODE 31.03(e
NDER $50.00 Statute: PENAL CODE 31.03(e)(1)(A) Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $316.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1220 PUBLIC INTOXICATION Statute: PENAL CODE 49.02 Totals for Offense Number of Citations for Offense.....: 5 Number of Violations for Offense....: 5 Amount of Fines/Fines Assessed......: $1,578.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1775 PARKED IN HANDICAPPED ZONE Statute: 681.011 Totals for Offense Number of Citations for Offense.....: 3 Number of Violations for Offense....: 3 Amount of Fines/Fines Assessed......: $1,620.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 2100 POSSESSION OF DRUG PARAPHERNALIA Statute: 481.125 H&S Code 1/08/2015 4:52 PM COFFRPT Page: 1 Citation Date: 12/01/2014 - 12/31/2014 Summary-------------------------------------------------------------------------------- Beginning Citation Date........: 12/01/2014 Ending Citation Date...........: 12/31/2014 Type of Citation...............: Regular Type of Offense................: Include: All Agency.........................: Include: All Specific Offenses..............: Include: All Entered By.....................: Include: All Summary or D
etail..............: Summary Sort B
etail..............: Summary Sort By........................: Offense Code Print Def. Name................: No Inc Park w/o Name..............: No Total by Race/Sex..............: NoWhere the Money Goes:State of Texas8,705.53$ City of Palestine17,181.47$ Collection Agency1,230.24$ OMNI48.00$ Total Collections27,165.24$ 32% 63% 5% 0% State of TexasCity of PalestineCollection AgencyOMNI12-1313-1414-1512-1313-1413-14October182202266October21,031.56$ 29,745.14$ 36,446.02$ November183129164November31,903.72$ 20,476.15$ 26,022.25$ December184179164December16,866.39$ 22,497.54$ 27,165.24$ January303209January37,852.02$ 27,159.26$ -$ February412249February80,665.66$ 52,320.43$ -$ March339186March57,266.26$ 51,025.52$ -$ April329235April51,909.63$ 30,707.84$ -$ May297218May41,427.82$ 37,273.85$ -$ June144180June29,991.01$ 27,748.61$ -$ July232175July35,107.84$ 28,609.09$ -$ August191193August37,878.27$ 30,106.09$ -$ September261234September35,266.63$ 33,214.36$ -$ Total30572389594Total477,166.81$ 390,883.88$ 89,633.51$ City of Palestine Municipal CourtActivity Report - FY 2013 - 2014Charges FiledAll Tickets and Other Complaints (Fail to Appear, School Cases, etc.)Revenue050100150200250300350400450Charges Filed in Municipal Court 12-1313-1414-15 $- $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 $60,000.00 $70,000.00 $80,000.00 $90,000.00Revenue By Month 12-1313-1413-14Non-ParkingParkingS
tate LawOrdinance2Dispositions Prior
tate LawOrdinance2Dispositions Prior to Trial:ABonds Forfeited00000BFined660352103CCases Dismissed10102Total Dispositions Prior to Trial6703621053Dispositions at Trial:APlea of Guilty or Nolo Contendere1707226B1Guilty by Judge00000B2Not Guilty by Judge00000C1Guilty by Jury00000C2Not Guilty by Jury00000DDismissed at Trial00000Total Dispositions at Trial17072264Cases Dismissed:AAfter Driver Safety Course1600016BAfter Deferred Disposition10214CAfter Proof of Financial Responsibility00000DCompliance Dismissal20002Total Categorized Dismissals19021225Community Service Ordered:000006Cases Appealed10001Totals 2,3,4,510304551537Juvenile Activity8. DL Suspension Hearings09. Property Hearings0AABC Code Offenses (Non-Driving)210. Search Warrants Issued0BDUI Alcohol011. Arrest Warrants Issued33CHealth and Safety Code (Tobacco)012. Capias Pro Fine Issued49DTransportation Code213. Magistrate Warnings Given8ETruancy/Failure to attend Hearings0 A. Class C Misdemeanors Only8FNon-Traffic Offenses1 B. Felonies/A and B Misdemeanors0GWaive Jurisdiction on Non-Traffic0HEducation Code0Total Court Fines and Fees$27,165.24The Total Court Fine and Fees amount includes both City Revenue and State Revenue.1Juvenile Activity and Other Magistrate FunctionsCaseload Reporting - Primary Activity of the CourtNew Cases Filed During Month1153397164City of PalestineOfficial Municipal Court Monthly ReportMonth of December 2014Traffic MisdemeanorsNon-Traffic MisdemeanorsTotal 1/08/2015 4:52 PM COFFRPT Page: 11 Citation Date: 12/01/2014 - 12/31/2014 Summary------------------------------------------------------------------------------
-- Total Number of Offenses 1/08/2015
-- Total Number of Offenses 1/08/2015 4:52 PM COFFRPT Page: 10 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 of Citations for Offense.....: 5 Number of Violations for Offense....: 5 Amount of Fines/Fines Assessed......: $870.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 2-------------------------------------------------------------------------------- 3663A DISPLAY WRONG,FICTITIOUS,ALTERED OR OBSCURED INSIGNIA Statute: 502.475 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $199.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- Totals for Offense Level Total Citations for Offense Level...: 109 Total Violations for Offense Level..: 138 Amount of Fines/Fines Assessed......: $34,273.00 Total Citations to Juveniles........: 3 Total Citations to Minors...........: 18-------------------------------------------------------------------------------- Grand Totals Total Number of Citations...........:
109 Total Number of Violations.........
109 Total Number of Violations..........: 138 Total Amount of Fines/Fines Assessed: $34,273.00 Total Number of Citations Juveniles.: 4 Total Number of Citations Minors....: 23 1/08/2015 4:52 PM COFFRPT Page: 9 Citation Date: 12/01/2014 - 12/31/2014 Summary-------------------------------------------------------------------------------- Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $316.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- PROP PROPERTY HEARING Statute: Totals for Offense Number of Citations for Offense.....: 3 Number of Violations for Offense....: 3 Amount of Fines/Fines Assessed......: $0.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 1180A D.O.C.-EXPOSURE Statute: PC 42.01 (10) Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $316.00 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 of Citations for Offense.....: 6 Number of Violations for Offense....: 6 Amount of Fines/Fines Assessed......: $1,539.60 Number of Citations to Juveniles....: 0 Number o
f Citations to Minors.......: 0
f Citations to Minors.......: 0-------------------------------------------------------------------------------- 3103A NO DRIVER'S LICENSE (18 YOA & UNDER) Statute: TRC 521.021 Totals for Offense 1/08/2015 4:52 PM COFFRPT Page: 8 Citation Date: 12/01/2014 - 12/31/2014 Summary-------------------------------------------------------------------------------- 4204 NO CITY TAGS Statute: SEC 14-31 Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $432.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4205 NO RABIES TAGS Statute: SEC 14-46 Totals for Offense Number of Citations for Offense.....: 3 Number of Violations for Offense....: 3 Amount of Fines/Fines Assessed......: $648.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4350 DISCHARGE FIREWORKS IN CITY LIMITS Statute: ORDINANCE 43.50 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $266.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4352 OPERATE BICYCLE WITHOUT HEADLAMP WHEN REQUIRED Statute: TRANS 551.104 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fine
s Assessed......: $116.00 Number
s Assessed......: $116.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4363 VIOLATE PROMISE TO APPEAR-CITY ORDINANCE Statute: CH 2, ART. 3, SEC 2-52, (C)(4) 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 of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $566.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 3803 CONSUMPTION OF ALCOHOL BY MINOR Statute: ABC 106.04 Totals for Offense Number of Citations for Offense.....: 1 Number of Violations for Offense....: 1 Amount of Fines/Fines Assessed......: $566.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 1-------------------------------------------------------------------------------- 4000 DIGGING OUT Statute: SEC 94-62 Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $632.00 Number of Citations to Juveniles....: 1 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- 4200 ANIMAL RUNNING AT LARGE Statute: 14-11 (A
) Totals for Offense Number of
) Totals for Offense Number of Citations for Offense.....: 2 Number of Violations for Offense....: 2 Amount of Fines/Fines Assessed......: $432.00 Number of Citations to Juveniles....: 0 Number of Citations to Minors.......: 0-------------------------------------------------------------------------------- SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 30 {A47/06319/0003/W1218290.2 } 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 â Page 25 {A47/06319/0003/W1218290.2 } 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 emplo
(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 custo
mers. By prohibiting VIP rooms and requ
mers. By prohibiting VIP rooms and requiring adult entertainment to be performed in more open and visible surroundings, SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 24 {A47/06319/0003/W1218290.2 } 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 PICT
URE THEATERS. (a) A person commit
URE 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 â Page 23 {A47/06319/0003/W1218290.2 } (d) A primary sign may have no more than two display surfaces. Each display surface must: (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. (e) 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. âAdult arcade.â b. âAdult bookstore or adult video store.â c. âAdult cabaret.â d. âAdult motel.â e. âAdult motion picture theater.â f.
âEscort agency.â g. âNude
âEscort agency.â g. âNude model studio.â (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, âMovie Titles Posted on Premises,â 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 â Page 22 {A47/06319/0003/W1218290.2 } (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 establi
shment to be visible from any point out
shment 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. SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 21 {A47/06319/0003/W1218290.2 } (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) a church; (2) a public or private elementary or secondary school; (3) a public park; (4) 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 busine
ss in compliance with Section 243.0075 o
ss 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 qualit
y of life in the adjacent areas or enc
y 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 SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 20 {A47/06319/0003/W1218290.2 } (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 t
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. SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 19 {A47/06319/0003/W1218290.2 } 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 d
ate the revocation became effective. If
ate 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 revok
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. SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 18 {A47/06319/0003/W1218290.2 } (a) The chief of police shall revoke a license if a cause of suspension in Section 26-261 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) A licensee or an operator has knowingly allowed prostitution on the premises. (4) A licensee or an operator knowingly operated the sexually oriented business during a period of time when the licensee's lice
nse was suspended. (5) A licensee
nse 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. (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. (c) The fact that a conviction is being appealed has no effect on the revocation of the license. (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 SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 17 {A47/06319/0003/W1218290.2 } 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 emplo
yment or contractual relationship with
yment 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,
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. SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 16 {A47/06319/0003/W1218290.2 } 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) The registration card or file must contain the following information for each employee: (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 ca
rd containing the employee's photograph
rd 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 SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 15 {A47/06319/0003/W1218290.2 } 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 o
f Section 26-267 only, the applicant m
f 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 non-refundable. 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 inspecti
on of the premises by a representative
on of the premises by a representative of the police department, the fire department, the department of code compliance, SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 14 {A47/06319/0003/W1218290.2 } B. promotion of prostitution; C. aggravated promotion of prostitution; D. compelling prostitution; E. obscenity; F. sale, distribution, or display of harmful material to a minor; G. sexual performance by a child; or H. possession of child pornography; 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 busines
the proposed sexually oriented business would violate the SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 13 {A47/06319/0003/W1218290.2 } 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 fo
r information on the application form.
r 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, 26-272, 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; SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 12 {A47/06319/0003/W1218290.2 } (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 accompa
(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 managerâs 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 cons
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 SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 11 {A47/06319/0003/W1218290.2 } 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 ori
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. SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 10 {A47/06319/0003/W1218290.2 } (25) SEXUAL CONTACT has the same definition as âsexual contactâ 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 hai
r; 2. any buttock; or 3. any
r; 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) SPECIFIED SEXUAL ACTIVITIES means and includes any of the following: a. the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; b. sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; c. 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 SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 9 {A47/06319/0003/W1218290.2 } a. a person in whose name a license to operate a sexually oriented business has been issued; b. each individual listed as an applicant on the application for a license; 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) NU
DE MODEL STUDIO means any place where a
DE MODEL STUDIO means any place where a person who appears in a state of nudity or displays âspecified anatomical areasâ 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. SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 8 {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. âConvictionâ includes disposition of charges against a person by probation or deferred adjudication. (12) CREATION means and includes
any of the following: a. the opening
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 âescortsâ 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 â Page 7 {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 pic
tures, video cassettes, slides, or other
tures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of âspecified sexual activitiesâ or âspecified anatomical areas;â 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. offers a sleeping room for rent for a period of time that is less than 10 hours; or 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 ORDI
the SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 6 {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 image-producing 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 âspecified sexual activitiesâ or âspecified anatomical areas.â (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, DVDâs, video cassettes, or video reproductions, slides, or other visual representations, that depict or describe âspecified sexual activitiesâ or âspecified anatomical areasâ; or b. instruments, devices, or paraphernalia that are designed for use in connection with âspecified sexual activities.â (4) ADULT CABARET means a commercial establishment that regularly offers âadult cabaret entertainment to customers.â
(5) ADULT CABARET ENTERTAINER
(5) ADULT CABARET ENTERTAINER means a person who engages in or performs âadult cabaret entertainment.â (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 âspecified anatomical areasâ or âspecified sexual activities.â SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 5 {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 o
riented businesses both inside such bus
riented 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 â Page 4 {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. 26-26
4. Notice of denial of issuance or
4. 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 â Page 3 {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 o
f urban blight; and WHEREAS, the
f 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 â Page 2 {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 novel
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 â Page 1 {A47/06319/0003/W1218290.2 } 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, AD
ULT CABARET, ADULT MOTEL, ADULT MOTION P
ULT 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 (âCityâ) 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 âCity Councilâ) 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 orien
ensure that operators of sexually oriented businesses comply with reasonable regulations and 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 Date Submitted: January 8, 2015 EXHIBITS: 1. Ordinance repealing Part II-Code Of Ordinances- Chapter 26-Businesses-Article VII. Sexually Oriented Businesses 2. Maps showing potential locations for sexually oriented businesses BUDGETARY IMPACT: Required Expenditure: $00.00 Amount Budgeted: $00.00 Appropriation Required: $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 acceptanc
e of any application for a sexually orie
e 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. City Council City of Palestine, Texas Agenda Action Form AGENDA DATE: January 12, 2015 AGENDA ITEM AGENDA SUBJECT: Proposed Land Lease for placing of a manufactured home for office and living quarters at the Airport. PREPARED BY: Tim Perry Date Submitted: Jan. 6, 2015 EXHIBITS: Map of Proposed Hangar Location BUDGETARY IMPACT: Required Expenditure: $00.00 Amount Budgeted: $00.00 Appropriation Required: $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 20âL x 60âW x 20âH. 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 se
t by the Airport Master Layout Plan.
t 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. OAKREAGANLOOP 256SPRINGPARKLINKCROCKETTPALESTINEROYALLCOURTQUEENSYCAMORELACYBRAZOSNECHESWEST POINT TAPST HWY 155BASSETTVARIAHJACKSONMAGNOLIAMOODYARMORYSALT WORKSKOLSTADCAROLINAANGELINAMAINGREENHOODLAMARMAYCOOKSYLVANDYEFORTGARDNERFULTONDEBARDDORRANCEGILLESPIECEDARNEWMANMALLARDFLORENCEGAYMARKETCORONACAELMTEXASINWOODMICHAUXOLD ELKHARTPALMCRESTLINEJOLLYWATER WORKSLARRYTENNESSEECRAWFORDHOWARDCOTTAGERANGEESPLANADECONRADTHOMASMURCHISONDREXELFERGUSONPINEPERRYMARTIN LUTHER KING JRPEACH TREELORICOLORADOHILLTOPSOUTHRAMBLINGLISASWANTZLELIAWESLEYDALLASMCNEILSANDYFIFTHCONWAYNIXONGOOCHBENBROOKJOHNBIRCHVIRGINIACALHOUNBROYLESSIXTHVENTURE VIEWLOUISIANAKNOXWALLBOWIEBRIERWOODEVERGREENTILE FACTORYHAYSOLD BRUSHY CREEKAVENUE CHOLMESBEN MILAMSWIFTANGLEFANNINGROVELOWEWOODLANDSECONDMEMORYTRIMBLEJUNIPERFORESTGLENWOODFAY WAYKENNYMOOREROSSRICKYBROOKVIEWWILLOW CREEKRICHLANDSUGARCLAYCHANCELLORCAPLINMEDICALAVENUE APANTHERSIERRASHERRYTIMBERLINEFOURTHKICKAPOONANNIEHIGHLANDSHAMROCKHEADRAGLANDPRIVATE ROAD 6421BROOKLYNCLOVERHUFFSMITHLINEBLUE LAKEYORKSHIRELERAMWANDAGIRAUDOHIOHURSTBLANTONBROOKHOLLOWALETABRISTOLILLINOISTIPMITZIEDAISYLUDOLPHEILENSTEINSWANSONSTEPHANIESOUTHVIEWLONGHORNFUTUREWORDMAFF
ITTLINDENTRAIL HOLLOWDELMARM L CARY
ITTLINDENTRAIL HOLLOWDELMARM L CARYCRESTTYLERHAMILTONCOFFEEPARKCRESTMAVERICKCHURCHDAVIDMONICACAMDENUPPER LAKEMISSOURITHRELLANDERSONASHSPRINGDALEMARIONCRAIGWOODSIDEHAMLETTINDUSTRIALDOVE RIDGEGRANTALPINECOUNTY ROAD 421BENTWOODBUTTERMILKHODGESRAVINEVAN FLEETEDNABERKLEYIKESHERIDANDEE ANNSEVENTHLAKELINCOLNSAN JACINTOTRINITYHICKORYHAWMILLERCEDARVALEREDWOODLAURAPOST OAKCOLUMBIASTEWARTSETTLERSROMALLENBULLARDWILLOWBROOKVILLAGENORTHSHADY OAKSCR 2204WINDRIDGESANDRAYEAGEROAK HILLSUNSETFOWLERPERRY TAPPINETREELANGHAMWIGWAMROSEWOODGIVENSCHESTNUTBERMUDAMILLHUNTERRED OAKDELLAALABAMAMAPLELONE OAKPICKENS OAKLANDSTONEBLACKJACKRIDGEWOODPERSHINGFIRSTDONNIEBROOKHURLEYWALTONWOODGATEWOODPINEHOXIECIRCLEACADEMYKENTUCKYAUSTINHARRISONREDLANDCHELSEAPrivate Rd 6421ELMWOODREDUSCEMETERYSURREYVISTA RIDGEBROOKHAVENSPRING ROBERTSSYCAMORETEXASCHURCHHAMLETTJOHNCRESTLINELACYLINKMAFFITTREAGANMURCHISONWILLOW CREEKARMORYSYCAMOREQUEENSALT WORKSOAKLACYGARDNERFORTCOTTAGETHRELLJACKSONProperities shaded blue are at least1,000 feet from residential zones and1,500 feet from a church, public or privateelementary or secondary school, public park and a child-care facilityPOTENTIAL LOCATIONS FORSEXUALLY ORIENTED BUSINESSESOAKREAGANLOOP 256SPRINGPARKLINKCROCKETTPALESTINEROYALLCOURTQUEENSYCAMORELACYBRAZOSNECHESWEST POINT TAPST HWY 155BASSETTVARIAHJACKSONMAGNOLIAMOODYARMORYSALT WORKSKOLSTADCAROLINAANGELINAMAINGREENHOODLAMARMAYCOOKSYLVANDYEFORTGARDNERFULTONDEBARDDORRANCEGILLESPIECEDARNEWMANMALLARDFLORENCEGAYMARKETCORONACAELMTEXASINWOODMICHAUXOLD ELKHARTPALMCRESTLINEJOLLYWATER WORKSLARRYTENNESSEECRAWFORDHOWARDCOTTAGERANGEESPLANADECONRADTHOMASMURCHISONDREXELFERGUSONPINEPERRYMARTIN LUTHER KING JRPEACH TREELORICOLORADOH
ILLTOPSOUTHRAMBLINGLISASWANTZLELIA
ILLTOPSOUTHRAMBLINGLISASWANTZLELIAWESLEYDALLASMCNEILSANDYFIFTHCONWAYNIXONGOOCHBENBROOKJOHNBIRCHVIRGINIACALHOUNBROYLESSIXTHVENTURE VIEWLOUISIANAKNOXWALLBOWIEBRIERWOODEVERGREENTILE FACTORYHAYSOLD BRUSHY CREEKAVENUE CHOLMESBEN MILAMSWIFTANGLEFANNINGROVELOWEWOODLANDSECONDMEMORYTRIMBLEJUNIPERFORESTGLENWOODFAY WAYKENNYMOOREROSSRICKYBROOKVIEWWILLOW CREEKRICHLANDSUGARCLAYCHANCELLORCAPLINMEDICALAVENUE APANTHERSIERRASHERRYTIMBERLINEFOURTHKICKAPOONANNIEHIGHLANDSHAMROCKHEADRAGLANDPRIVATE ROAD 6421BROOKLYNCLOVERHUFFSMITHLINEBLUE LAKEYORKSHIRELERAMWANDAGIRAUDOHIOHURSTBLANTONBROOKHOLLOWALETABRISTOLILLINOISTIPMITZIEDAISYLUDOLPHEILENSTEINSWANSONSTEPHANIESOUTHVIEWLONGHORNFUTUREWORDMAFFITTLINDENTRAIL HOLLOWDELMARM L CARYCRESTTYLERHAMILTONCOFFEEPARKCRESTMAVERICKCHURCHDAVIDMONICACAMDENUPPER LAKEMISSOURITHRELLANDERSONASHSPRINGDALEMARIONCRAIGWOODSIDEHAMLETTINDUSTRIALDOVE RIDGEGRANTALPINECOUNTY ROAD 421BENTWOODBUTTERMILKHODGESRAVINEVAN FLEETEDNABERKLEYIKESHERIDANDEE ANNSEVENTHLAKELINCOLNSAN JACINTOTRINITYHICKORYHAWMILLERCEDARVALEREDWOODLAURAPOST OAKCOLUMBIASTEWARTSETTLERSROMALLENBULLARDWILLOWBROOKVILLAGENORTHSHADY OAKSCR 2204WINDRIDGESANDRAYEAGEROAK HILLSUNSETFOWLERPERRY TAPPINETREELANGHAMWIGWAMROSEWOODGIVENSCHESTNUTBERMUDAMILLHUNTERRED OAKDELLAALABAMAMAPLELONE OAKPICKENS OAKLANDSTONEBLACKJACKRIDGEWOODPERSHINGFIRSTDONNIEBROOKHURLEYWALTONWOODGATEWOODPINEHOXIECIRCLEACADEMYKENTUCKYAUSTINHARRISONREDLANDCHELSEAPrivate Rd 6421ELMWOODREDUSCEMETERYSURREYVISTA RIDGEBROOKHAVENSPRING ROBERTSSYCAMORETEXASCHURCHHAMLETTJOHNCRESTLINELACYLINKMAFFITTREAGANMURCHISONWILLOW CREEKARMORYSYCAMOREQUEENSALT WORKSOAKLACYGARDNERFORTCOTTAGETHRELLJACKSONProperities shaded red are at least1,000
feet from residential zones and1,000 fe
feet from residential zones and1,000 feet from a church, public or privateelementary or secondary school, public park and a child-care facilityPOTENTIAL LOCATIONS FORSEXUALLY ORIENTED BUSINESSESOAKREAGANLOOP 256SPRINGPARKLINKCROCKETTPALESTINEROYALLCOURTQUEENSYCAMORELACYBRAZOSNECHESWEST POINT TAPST HWY 155BASSETTVARIAHJACKSONMAGNOLIAMOODYARMORYSALT WORKSKOLSTADCAROLINAANGELINAMAINGREENHOODLAMARMAYCOOKSYLVANDYEFORTGARDNERFULTONDEBARDDORRANCEGILLESPIECEDARNEWMANMALLARDFLORENCEGAYMARKETCORONACAELMTEXASINWOODMICHAUXOLD ELKHARTPALMCRESTLINEJOLLYWATER WORKSLARRYTENNESSEECRAWFORDHOWARDCOTTAGERANGEESPLANADECONRADTHOMASMURCHISONDREXELFERGUSONPINEPERRYMARTIN LUTHER KING JRPEACH TREELORICOLORADOHILLTOPSOUTHRAMBLINGLISASWANTZLELIAWESLEYDALLASMCNEILSANDYFIFTHCONWAYNIXONGOOCHBENBROOKJOHNBIRCHVIRGINIACALHOUNBROYLESSIXTHVENTURE VIEWLOUISIANAKNOXWALLBOWIEBRIERWOODEVERGREENTILE FACTORYHAYSOLD BRUSHY CREEKAVENUE CHOLMESBEN MILAMSWIFTANGLEFANNINGROVELOWEWOODLANDSECONDMEMORYTRIMBLEJUNIPERFORESTGLENWOODFAY WAYKENNYMOOREROSSRICKYBROOKVIEWWILLOW CREEKRICHLANDSUGARCLAYCHANCELLORCAPLINMEDICALAVENUE APANTHERSIERRASHERRYTIMBERLINEFOURTHKICKAPOONANNIEHIGHLANDSHAMROCKHEADRAGLANDPRIVATE ROAD 6421BROOKLYNCLOVERHUFFSMITHLINEBLUE LAKEYORKSHIRELERAMWANDAGIRAUDOHIOHURSTBLANTONBROOKHOLLOWALETABRISTOLILLINOISTIPMITZIEDAISYLUDOLPHEILENSTEINSWANSONSTEPHANIESOUTHVIEWLONGHORNFUTUREWORDMAFFITTLINDENTRAIL HOLLOWDELMARM L CARYCRESTTYLERHAMILTONCOFFEEPARKCRESTMAVERICKCHURCHDAVIDMONICACAMDENUPPER LAKEMISSOURITHRELLANDERSONASHSPRINGDALEMARIONCRAIGWOODSIDEHAMLETTINDUSTRIALDOVE RIDGEGRANTALPINECOUNTY ROAD 421BENTWOODBUTTERMILKHODGESRAVINEVAN FLEETEDNABERKLEYIKESHERIDANDEE ANNSEVENTHLAKELINCOLNSAN JACINTO
TRINITYHICKORYHAWMILLERCEDARVALERE
TRINITYHICKORYHAWMILLERCEDARVALEREDWOODLAURAPOST OAKCOLUMBIASTEWARTSETTLERSROMALLENBULLARDWILLOWBROOKVILLAGENORTHSHADY OAKSCR 2204WINDRIDGESANDRAYEAGEROAK HILLSUNSETFOWLERPERRY TAPPINETREELANGHAMWIGWAMROSEWOODGIVENSCHESTNUTBERMUDAMILLHUNTERRED OAKDELLAALABAMAMAPLELONE OAKPICKENS OAKLANDSTONEBLACKJACKRIDGEWOODPERSHINGFIRSTDONNIEBROOKHURLEYWALTONWOODGATEWOODPINEHOXIECIRCLEACADEMYKENTUCKYAUSTINHARRISONREDLANDCHELSEAPrivate Rd 6421ELMWOODREDUSCEMETERYSURREYVISTA RIDGEBROOKHAVENSPRING ROBERTSSYCAMORETEXASCHURCHHAMLETTJOHNCRESTLINELACYLINKMAFFITTREAGANMURCHISONWILLOW CREEKARMORYSYCAMOREQUEENSALT WORKSOAKLACYGARDNERFORTCOTTAGETHRELLJACKSONProperities shaded yellow are at least1,000 feet from residential zones and500 feet from a church, public or privateelementary or secondary school, public park and a child-care facilityPOTENTIAL LOCATIONS FORSEXUALLY ORIENTED BUSINESSES SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 29 {A47/06319/0003/W1218290.2 } 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. AMENDMEN
T OF THIS CHAPTER. Sections 26-267
T 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 â Page 28 {A47/06319/0003/W1218290.2 } (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
(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) allows a minor to enter the interior premises of a sexually oriented business; (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) by a proprietary school licensed by the state of Texas; (2) by a college, junior college, or university supported entirely or partly by taxation; (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 st
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 â Page 27 {A47/06319/0003/W1218290.2 } (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) human male genitals in a discernibly turgid state, whether covered or uncovered. (b) In this section "display" means to locate an item in such a manner that, without obtaining assistance from an employee of the business est
ablishment: (1) it is available to
ablishment: (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 AGAINST MINORS IN SEXUALLY ORIENTED BUSINESSES. (a) A licensee or an operator commits an offense if he knowingly: (1) allows a minor to enter the interior premises of a sexually oriented business; (2) employs, contracts with, or otherwise engages or allows a minor to perform adult cabaret entertainment; or SEXUALLY ORIENTED BUSINESS ORDINANCE â Page 26 {A47/06319/0003/W1218290.2 } 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 managerâs 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 orien
ted to the north or to some designated
ted 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 managerâs 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