§ 28-321 — Definitions

Sec. 28-321. - Definitions.

As used in this article: Adult establishment means a nightclub, bar, restaurant, sexually oriented business or similar commercial enterprise that: (A) Provides for an audience of two or more individuals live nude or semi-nude entertainment or live nude or semi-nude performances; and (B) Authorizes on-premise consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is under a license or permit issued under the Texas Alcoholic Beverage Code. Customer means any person on the premises of an adult establishment during any performance of live nude or semi-nude entertainment, except an owner, operator, independent contractor or employee of that adult establishment or any person on such premises exclusively for the repair or maintenance of the premises or for the delivery of goods to the premises. Director means the director of the city's department of finance. Nude means (i) entirely unclothed or (ii) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is a female, or any portion of the genitals or buttocks. Semi-nude means (i) clothed in a manner that exposes the nipples and/or areola of the female breast or (ii) clothed in a manner that exposes the female breast if any device is worn as a cover over only the nipples and/or areola so long as the genitals, pubic region, anus and buttocks are fully and opaquely covered. Sexually oriented business means any business or enterprise that is subject to regulation under Article III of this chapter.

(Ord. No. 2012-597, § 2, 6-26-2012)