ADULT ESTABLISHMENTS

Houston Code of Ordinances ch. 28, art. XI

in effect

Houston Code of Ordinances § 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)

Houston Code of Ordinances § 28-322 Fee imposed; records.

Sec. 28-322. - Fee imposed; records. (a) A $5.00 fee is hereby imposed for each entry by a customer admitted into an adult establishment within the corporate limits of the city. For more than one entry by the same customer on the same day at the same location, it shall be presumed to have been one entry by the customer and the fee amount due for that customer is $5.00. (b) For purposes of this article, a business day begins when the adult establishment opens and continues until the close of business. (c) An adult establishment shall record daily the number of customers admitted to the business. The adult establishment shall maintain a record of the number of customers admitted to the business in the same manner required for such records pursuant to Section 102.052, Texas Business and Commerce Code, and as the same may be hereafter amended from time to time. (d) An adult establishment is not required to impose the fee on a customer of the business. An adult establishment that chooses to recover the fee separately from its customers by including a stated charge for the fee on the customer check or invoice must clearly identify the charge as a reimbursement. (e) An adult establishment that provides live nude or semi-nude entertainment on occasion but does not regularly or habitually provide such entertainment, such as hosting a wet t-shirt contest or naked sushi contest, is required to collect the fee for the day on which such entertainment is provided. (f) An adult establishment shall file a quarterly statement even if there is no fee to report. (Ord. No. 2012-597, § 2, 6-26-2012)

Houston Code of Ordinances § 28-323 Remittance of fees.

Sec. 28-323. - Remittance of fees. (a) An adult establishment must remit the fee and file a report with the director each quarter in the manner and containing the information required by the director. (b) The adult establishment must remit the quarterly fee payment no later than the 20 th day of the month following the end of the quarter for which the payment is due. (c) The director shall make such rules and regulations as are reasonable and necessary to effectively collect the fee. (Ord. No. 2012-597, § 2, 6-26-2012)

Houston Code of Ordinances § 28-324 Retention of records.

Sec. 28-324. - Retention of records. (a) An adult establishment must maintain and retain the records such as statements, books or accounts necessary to determine the amount of the fee for which the business is liable to pay for at least four years after the date on which the records are prepared. (b) The city or its authorized representative may inspect, examine, or audit any records or equipment of an adult establishment liable for the fee in order to verify the accuracy of any payment made and shall have the right to determine the fee liability in the event no payment was made as required by this article. (Ord. No. 2012-597, § 2, 6-26-2012)

Houston Code of Ordinances § 28-325 Estimated fees; civil penalty.

Sec. 28-325. - Estimated fees; civil penalty. (a) Should an adult establishment fail to keep accurate records of the number of customers admitted to its business, the city may estimate the amount of fee liability based on any available information that includes, but is not limited to, any reports filed previously filed under this article. (b) An adult establishment that fails to file a report or to pay the fee as required by this article when due shall be liable, in addition to the amount of the fee owed, interest on the principal amount due at the rate of ten percent per annum, and a civil penalty equal to 15 percent of the total amount. Should legal action be instituted for the recovery of the fees, such business shall also be liable for the city's reasonable attorney fees and costs incurred for the recovery of the fee and penalties. (c) In addition to the civil penalty provided in this section, the failure of an adult establishment to timely file a report, make a payment, or maintain the records required by this article shall constitute a misdemeanor and, upon conviction thereof, the owner of the adult establishment shall be punished by a fine of not less than $100.00 nor more than $500.00. Each day that any violation continues shall constitute and be punishable as a separate offense. (Ord. No. 2012-597, § 2, 6-26-2012)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTXIADESFetched: 10/26/2026