SEXUALLY ORIENTED BUSINESS EMPLOYEE PERMITS, OPERATIONS, AND CONDUCT

San Antonio City Code ch. 21, art. IX, div. 3

in effect

San Antonio City Code § 21-223 Definitions.

Sec. 21-223. - Definitions. As used in this division, the following words and terms shall have the meanings ascribed to them in this division, unless the context of their usage clearly indicates another meaning: Conduct any business in a sexually oriented business. Any person who does any one or more of the following shall be deemed to be conducting business in a sexually oriented business: (1) Operates a cash register, cash drawer or other depository on the premises of the sexually oriented business where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the sexually oriented business or the activities of the premises of the sexually oriented business; (2) Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises of the sexually oriented business; (3) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the sexually oriented business; (4) Acts as a door attendant to regulate entry of customers or other persons into the premises of the sexually oriented business; or (5) Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the sexually oriented business. Customer means any person who: (1) Is allowed to enter a sexually oriented business or any portion of a sexually oriented business in return for the payment of an admission fee, membership fee or any other form of consideration or gratuity; (2) Enters a sexually oriented business or any portion of a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or (3) Is a member of and on the premises of a sexually oriented business operating as a private or membership club or a sexually oriented business that reserves any portion of the premises of the sexually oriented business as a private or membership club. Chief or chief of police means the chief of police and such employee(s) of the police department as he may designate to perform the duties of the chief under this article. Employee means any person who renders any service whatsoever to the customers of a sexually oriented business, works in or about a sexually oriented business or who conducts any business in a sexually oriented business and who receives or has the expectation of receiving any compensation from the operator, or customers of the sexually oriented business. By way of example, rather than limitation, the term includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation and service personnel, door persons, bouncers, and cashiers. It is expressly intended that this definition cover not only conventional employer-employee relationships but also independent contractor relationships, agency relationships, and any other scheme or system whereby the "employee" has an expectation of receiving compensation, tips, or other benefits from the sexually oriented business or its customers in exchange for services performed. Entertainer shall mean any individual, male or female, who poses, dances, or knowingly or intentionally appears for the purpose of being observed or viewed for any reason by any individual while in a state of nudity, semi-nudity, or while engaging in specified sexual activities. Entertainer's permit shall mean a license issued to an individual as lawful authority to act as an entertainer in a sexually oriented business. Entertainment shall mean: (1) Any live exhibition, display or performance; (2) Any still picture(s) or movie picture(s), whether mechanically, electrically or electronically displayed; or (3) Any combination of the foregoing, in which the specified anatomical areas or specified sexual activities are depicted. Manager means any person who supervises, directs or manages any employee of an sexually oriented business or any other person who conducts any business in an sexually oriented business with respect to any activity conducted on the premises of the sexually oriented business, including any "on-site manager." Operator means the manager or other natural person principally in charge of an sexually oriented business. Owner or owners means the proprietor if a sole proprietorship, all general partners if a partnership, or the corporation if a corporation. Permit means a current, valid permit issued by the chief pursuant to the terms of this article. Separate area means any portion of the interior of a sexually oriented business separated from any other portion of a sexually oriented business by any wall, partition or other divider. Specified anatomical areas: (1) Less than completely and opaquely covered: a. Human genitals, pubic region or pubic hair; b. Buttock; c. Any portion of the female breast that is situated below a point immediately above the top of the areola; or d. Any combination of the foregoing; or (2) Human male genitals in a discernibly erect state, even if completely and opaquely covered. Sexually oriented business or SOB means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult mini-theater, escort agency, nude modeling studio, unlicensed massage parlor, or any other establishment whose one of its primary business purposes is the offering of a service, live entertainment or the selling, renting, or exhibiting of devices or any specified anatomical parts intended to provide sexual stimulation or sexual gratification to the customer and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term "sexually oriented business" shall not be construed to include: (1) Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held; (2) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; or (3) Any retail establishment whose major business is the offering of wearing apparel for sale to customers. Sexually oriented business [permit] or SOB permit shall mean the original license issued to an owner-operator of a sexually oriented business as lawful authority to operate a sexually oriented business. SOB shall mean sexually oriented business. Specified sexual activity means actual and simulated human genitals in a state of sexual stimulation or arousal, even if completely and opaquely covered, actual or simulated human masturbation, sexual intercourse, sodomy, fellatio, cunnilingus, fondling or other erotic touching of human genitals, pubic region, buttock or female breast, and excretory functions as part of or in connection with the above described activity or any act of bestiality, masturbation, sexual intercourse, sodomy, fellatio, sadomasochism, or physical contact with a person's own or another person's specified anatomical area. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-224 Entertainer, manager, and floor manager permit required.

Sec. 21-224. - Entertainer, manager, and floor manager permit required. (a) It shall be unlawful for any person who does not hold a permit to act as an entertainer, a manager, or floor-manager of or in a sexually oriented business. (b) It shall be the duty of the operator and owners of each sexually oriented business to ensure that no person acts as an entertainer, manager, or floor-manager of or in the sexually oriented business unless that person holds a permit. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-225 Process for requesting an SOB entertainer, manager, and floor manager permit.

Sec. 21-225. - Process for requesting an SOB entertainer, manager, and floor manager permit. (a) The chief of police shall create a form for each type of permit consistent with the provisions of this article. (b) An applicant may obtain a form from the city government website page (sanantonio.gov/sapd) or at the San Antonio Police Department (SAPD) Headquarters Records Unit. Applications shall be accepted Tuesday through Thursday, excluding holidays, between the hours of 1:00 p.m. and 4:00 pm. Applications shall not be accepted at any other time or on any other day. (c) At the time that the chief of police receives an application, the applicant shall pay the required fee of one hundred fifty dollars ($150.00) at the records unit service window. The applicant will receive a receipt and paperwork from the records division along with their completed application and submit said information and waiver form to the identification division. The identification division shall take fingerprints and generate an SOB permit number. The applicant will then be photographed at the identification division. (d) All photographs and applications shall be used to perform a background investigation and for the purpose of photographic identification of permit holders, and shall be kept on record with the chief of police while the applicant possesses a valid permit, and for a period of five (5) years after the expiration, revocation, or denial of the permit. (e) All photographs of applicants shall be destroyed at the expiration of five (5) years after the expiration, revocation, or denial of the permit, but all applicants submitting new applications shall be required to comply with photograph and fingerprint requirements in this section. (f) The police department shall conduct a criminal background check and verify the applicant is eligible to receive an SOB entertainer, manager, or floor-manager permit. All application information related to entertainer's permits shall be held confidential by the police department. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-226 Qualifications and specifications—Manager's permit and temporary manager's permit.

Sec. 21-226. - Qualifications and specifications—Manager's permit and temporary manager's permit. (a) Unless an individual is disqualified under one or more of the provisions of this section, an individual who performs the following acts shall be qualified for a permit: (1) Pay one hundred fifty dollars ($150.00) as a non-refundable processing fee to the city; (2) Answer under oath accurately and completely the requests for information contained on the form for the permit; (3) Provide proof of identity by presenting to the chief a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof; (4) Provide proof that the applicant is at least eighteen (18) years of age or older; and (5) Appear at the place designated by the chief of police and submit to being photographed and fingerprinted. (b) If on the basis of substantial evidence, the chief concludes that one of the following conditions exists then an individual shall be disqualified from receiving the manager's permit: (1) The individual is a sex offender subject to registration under V.T.C.A., Code of Criminal Procedure ch. 62; (2) The individual is convicted of a felony, not included in section 21-230, in any jurisdiction during the preceding ten (10) years; (3) The individual has been convicted of or been placed on deferred adjudication for a specified criminal act, not included in section 21-230, in any jurisdiction, during the preceding ten (10) years; (4) The individual has submitted false information on a form for the permit or the individual has responded falsely to inquiries in a background investigation; (5) At the time of application, the individual is disqualified from receiving or holding a permit pursuant to section 21-230 of this article; or (6) At the time of application, the individual has a suspended permit or has had a permit revoked within the past calendar year, pursuant to section 21-230 of this article. (c) An individual who applies for a manager's permit shall provide the following information: (1) The information contained in a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof; (2) The name and address of the sexually oriented business for which the individual requests the permit; (3) Whether the individual has been convicted of or placed on deferred adjudication for an offense for which the individual is subject to registration under V.T.C.A., Code of Criminal Procedure ch. 62, along with a list of each of the aforementioned offenses; (4) Excluding traffic offenses, a list of each misdemeanor or felony, not included in subsection (c)(3), for which the individual has been convicted or received deferred adjudication during the past ten (10) years; (5) Excluding traffic offenses, a list of each misdemeanor or felony, not included in subsection (c)(3), for which the individual is under community supervision at the time of application; (6) The name and address of each court and jurisdiction listed in response to subsection (c)(3) herein; (7) The name and address of each court and jurisdiction for those offenses that the individual is under community supervision at the time of application in response to subsection (e)(3); (8) A signed waiver and authorization allowing the chief to request criminal history reports from pertinent federal, state, and local law enforcement for the individual submitting an application; and (9) A driver's license number of a state, possession, commonwealth or territory of the United States of America, if issued, and, a Social Security number of the United States of America, if issued. (d) A manager's permit shall consist of one (1) photographic identification card that contains the following information: a photograph of the manager; the name and address of the sexually oriented business at which the manager's permit is valid; the permit identification number assigned by the city; the date of issuance; the effective date; and, the date of expiration. (e) A temporary manager's permit shall be issued within three (3) business days of the application when: (1) The applicant for a manager's permit has submitted a completed application pursuant to the provisions herein; (2) The applicant supplies the police department with a copy of a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof; (3) A preliminary investigation indicates that the applicant is otherwise qualified under this section for the issuance of a temporary manager's permit; and (4) The applicant has not applied for or been granted a temporary manager's permit in the year preceding the application. (f) Each temporary manager's permit is valid for thirty (30) calendar days from the date of issuance or until the issuance of a manager's permit, whichever occurs first. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-227 Same—Floor-manager's and temporary floor-manager's permit.

Sec. 21-227. - Same—Floor-manager's and temporary floor-manager's permit. (a) Unless an individual is disqualified under one or more of the provisions of this article, an individual who performs the following acts shall be qualified for a floor-manager's permit: (1) Pay one hundred fifty dollars ($150.00) as a nonrefundable processing fee to the city, and (2) Perform those acts detailed at subsection 21-226(c) herein. (b) The following conditions shall disqualify an individual from obtaining a floor-manager's permit: those conditions specified at subsection 21-226(b) herein. (c) An individual who applies for a floor-manager's permit shall provide that information specified at subsection 21-226(c). (d) A floor-manager's permit shall consist of two (2) photographic identification cards that contains a photograph of the floor-manager, the permit identification number assigned by the city, the date of issuance, the effective date, and the date of expiration. (e) A temporary floor-manager's permit shall be issued within three (3) business days of application for same if: (1) The applicant has submitted a completed application pursuant to the provisions herein and paid one hundred fifty dollars ($150.00) as a nonrefundable processing fee to the city; (2) The applicant supplies the police department with copy of a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof; (3) A preliminary investigation indicates that the applicant is otherwise qualified under this section for the issuance of a temporary floor-manager's permit; and (4) The applicant has not applied for or been granted a temporary floor-manager's permit in the year preceding the application. (f) Each temporary floor-manager's permit is valid for ten (10) business days from the date of issuance. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-228 Same—Entertainer's permit and temporary entertainer's permit.

Sec. 21-228. - Same—Entertainer's permit and temporary entertainer's permit. (a) Unless an individual is disqualified under one or more of the provisions of this article, an individual who performs the following acts shall be qualified for an entertainer's permit: (1) Pay one hundred fifty dollars ($150.00) as a nonrefundable processing fee to the city, and (2) Perform those acts detailed at subsection 21-226(c). (b) The following conditions shall disqualify an individual from obtaining an entertainer's permit: those conditions specified at subsections 21-226(b) and (c), and section 21-230. (c) An individual who applies for an entertainer's permit shall provide the information specified in subsection 21-226(c). (d) An entertainer's permit shall consist of two (2) identification cards that contain a photograph of the entertainer, the permit identification number assigned by the city, the date of issuance, the effective date, and the date of expiration. (e) A temporary entertainer's permit shall consist of two (2) identification cards that contain the permit identification number assigned by the city, the date of issuance, the effective date, and the date of expiration. (f) A temporary entertainer's permit shall be issued within three (3) business days of the application when: (1) The applicant for a temporary entertainer's permit has submitted a completed application to the police department identification division, pursuant to the provisions herein, and prior to 3:00 p.m. of the last business day before a scheduled performance by applicant; (2) The applicant supplies the police department with a copy of a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof; (3) If the aforementioned photographic identification and signature of the applicant for a temporary entertainer's permit are not available at the time the application for a temporary entertainer's permit is submitted to the police department, a legible copy of said identification and signature shall be transmitted via facsimile transmission or personal delivery to the police department by the manager, along with a manager's affidavit, wherein the manager vouches for said identification and signature, in a manager's affidavit, prior to the time of the first performance by the temporary entertainer; (4) Preliminary investigation warrants the issuance of a temporary entertainer's permit; (5) The applicant pays one hundred fifty dollars ($150.00) as a nonrefundable processing fee to the city for each temporary entertainer's permit; (6) The applicant designates the sole sexually oriented business at which the temporary entertainer's permit may be used; (7) The applicant has not applied for or been granted more than three (3) temporary entertainer's permits during the calendar year for which the application is made and the sexually oriented business at which the permit will be used has not hosted more than eleven (11) entertainers who have a temporary entertainer's permit during the calendar year in which an applicant seeks a temporary entertainer's permit for use at said sexually oriented business. (g) A temporary entertainer permit shall be valid for a period of not longer than seven (7) calendar days from the date of issuance and shall be valid at only one (1) designated sexually oriented business. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-229 Term, transfer, amendment.

Sec. 21-229. - Term, transfer, amendment. (a) A permit is valid for a term commencing upon issuance and expiring the 31st of December, unless previously revoked or suspended. (b) A permit is personal to the named permit holder and is not valid for use by any other person. (c) Each permit holder shall notify the police department of their new address within ten (10) days following any change of address. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-230 Denial, revocation, or refusal to renew permits.

Sec. 21-230. - Denial, revocation, or refusal to renew permits. Any of the following offenses shall consist of grounds for denial, revocation, or refusal to renew permits: (1) Any of the following offenses as described in V.T.C.A., Penal Code ch. 43: a. Prostitution; 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; h. Employment harmful to children; or i. Possession or promotion of child pornography; (2) Any of the following offenses as described in V.T.C.A., Penal Code ch. 21: a. Public lewdness; b. Indecent exposure; or c. Indecency with a child; (3) Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22; (4) Harboring a runaway child as described in V.T.C.A., Penal Code ch. 25; (5) Criminal attempt, conspiracy or solicitation to commit any of the above offenses; (6) Human trafficking as described in V.T.C.A., Penal Code ch. 20A; or (7) Any violation of this article. The above-listed offenses shall be grounds for the denial, revocation or refusal for renewal of a permit under this division because persons who hold that permit are employed by sexually oriented businesses where there is a high degree of opportunity for unlawful sexual conduct or the solicitation thereof, lewd conduct, obscenity offenses, and conduct harmful to minors. Therefore, the enumerated offenses are directly related to the duties and responsibilities authorized by the subject permit. There is a serious need to protect members of the public and fellow employees of sexually oriented business from persons who have the foregoing criminal histories. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-231 Inspections and background checks; deadlines.

Sec. 21-231. - Inspections and background checks; deadlines. The police department shall conduct all necessary background investigations prior to the expiration of thirty (30) calendar days from the receipt of an application for a sexually oriented business permit for an entertainer, manager, or floor manager for the purpose of determining whether each applicant is in compliance with the provisions of this article, and based upon those findings, the chief of police shall either issue or reject the permit in accordance with the deadlines found in subsections 21-211(a) and (b). (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-232 Same—Denial of permits.

Sec. 21-232. - Same—Denial of permits. (a) No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that he is at least eighteen (18) years old. Any permit issued by virtue of any misrepresentation or error to any person under age eighteen (18) shall be void. (b) In the event that the chief fails to issue or deny a permit application within the time specified herein, then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the chief or the hearing officer. (c) An applicant may appeal the decision of the chief regarding denial by filing a written request for a hearing within twenty (20) days after notice has been given of the denial. The chief's decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the chief's decision on the issuance of a permit. The applicant's written request for a hearing shall set out the grounds on which the denial is challenged. (d) The hearing shall be conducted by a hearing official designated by the city manager. Hearings shall be conducted by the hearing official. The hearing official shall not have participated in any investigation or decision relating to the denial of the permit. At the hearing the hearing official shall receive oral and written testimony regarding the application. Hearings shall be conducted under rules issued by the chief, which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses and be represented by legal counsel. (e) The hearing official shall conduct the hearing within twenty (20) days after receipt of the applicant's written request for a hearing unless the applicant requests an extension in writing. The hearing official shall render a written decision and issue notice thereof to the applicant within five (5) days after the conclusion of the hearing. The written decision of the hearing official shall be final subject to the provisions of section 21-252 of this article. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-233 Same—Permits.

Sec. 21-233. - Same—Permits. (a) Each permit issued by the chief shall consist of two (2) photographic identification cards, a personal card and an on-site card excepting a manager's permit. (b) If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the police department and request a replacement, which shall be issued for a fee of ten dollars ($10.00) within three (3) business days following verification of the identity of the holder. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-234 Display.

Sec. 21-234. - Display. (a) Each manager, floor-manager, and/or entertainer (temporary or otherwise) shall conspicuously display their personal card upon their person at all times while acting as an entertainer, floor-manager, or manager of or in a sexually oriented business. (b) Each floor-manager or entertainer shall provide their on-site card to the manager in charge of the sexually oriented business to hold while the floor-manager or entertainer is on the premises. (c) In any prosecution under this section, it shall be presumed that the actor did not have a permit unless the permit was in display as required under section (a) of this subsection. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-235 Duties of owners, employees and customers.

Sec. 21-235. - Duties of owners, employees and customers. (a) Notwithstanding any other provision in this article, owners are not criminally culpable for violations of employees, except that owners remain criminally culpable for their own and personal violations. (b) Each manager, floor-manager, entertainer, and owner-operator shall comply with the provisions of this article. (c) Each temporary manager, temporary floor-manager, and temporary entertainer shall comply with the provisions of this article. (d) Each employee, customer, and patron shall comply with the provisions of this article. (e) Each manager, floor-manager, temporary manager, and temporary floor-manager, and owner-operator shall ensure that each employee, customer, and patron complies with the provisions of this article. (f) It shall be unlawful for a manager, floor-manager, temporary manager, or temporary floor-manager, or owner-operator to allow conduct described in this section of this article. Whenever an employee, customer, or patron fails to comply with this section of this article, it shall be presumed that a manager or floor-manager, temporary manager, or temporary floor-manager, allowed the prohibited conduct if the manager, floor-manager, temporary manager, or temporary floor-manager was present on the premises at the time of the violation. (g) Three-foot rule. (1) It shall be unlawful for any person to intentionally or knowingly entertain or appear in a state of semi-nudity on the premises of a sexually oriented business unless the person is more than three (3) feet from any patron or customer. (2) It shall be unlawful for a patron or customer on the premises of a sexually oriented business to intentionally or knowingly approach within three (3) feet or less of a person who is entertaining or appearing in a state of semi-nudity. (h) It shall be unlawful for any person entertaining or appearing in a state of semi-nudity at a sexually oriented business to accept a gratuity unless it is placed in a receptacle provided for receipt of gratuities or delivered hand-to hand without touching and with the hand of each person extended at least one and one-half (1½) feet away from the body of that person. The receptacle may not be located on any person or their clothing. (i) It shall be unlawful for any permittee hereunder or operator of a sexually oriented business to allow any room within the establishment to be used for the purpose of live semi-nude entertainment unless the room is marked with a sign in typeface no less than one (1) inch in length per letter in such a manner that it is plainly visible to the general public at a height of no less than four (4) feet and no more than six (6) feet from the ground stating, "Three Foot Rule - It is a violation of the San Antonio City Code for a customer or patron to intentionally or knowingly approach within three feet or less of any person who is in a state of semi-nudity or entertaining." (j) It shall be unlawful for any employee to be in a state of semi-nudity, or to perform specified sexual activities while in the presence of any customer or patron and while in an area within the sexually oriented business not subject to the direct line of site of a manager or floor-manager. (k) It shall be unlawful for any employee to entertain while in a lavatory, or in a stairway or elevator used as access between floors. (l) It shall be the duty of the owner-operator to ensure that there exists at least one (1) manager for the sexually oriented business at all times. It shall be the duty of each owner-operator or manager of a sexually oriented business to ensure there are a sufficient number of managers or floor managers stationed in such a manner so that all patrons and customers are in view of at least one (1) floor-manager at all times, excepting patrons and customers in the lavatory. (m) It shall be unlawful for a manager, floor-manager, owner-operator, or operator on the premises of any sexually oriented business to allow any individual to be on the premises of a sexually oriented business who is younger than eighteen (18) years of age. It shall be presumed that a manager, or floor-manager allowed the individual to be on the premises if the manager or floor-manager was present on the premises at the time the underage individual was present. (n) It shall be unlawful for any individual to be on the premises of any sexually oriented business who is younger than eighteen (18) years of age. (o) It shall be the duty of the owner-operator, or operator of any sexually oriented business to conform the interior of the premises to the specifications provided in this article. (p) It shall be the duty of the owner-operator of any sexually oriented business to notify the chief of police and the director of development services, or their duly authorized representative, that the location is ready for the inspections required under this article prior to the expiration of any applicable deadline contained herein. (q) It shall be the duty of the owner-operator of a sexually oriented business to post, display, and maintain free of obstruction, the following notices with typeface no less than one (1) inch in length per letter, at the entrance of the establishment, in such a manner that they are plainly visible to the general public at a height of no less than four (4) feet and no more than six (6) feet from the ground: (1) "Three Foot Rule - It is a violation of the San Antonio City Code for a customer or patron to intentionally or knowingly approach within three feet or less of any person who is in a state of semi-nudity or entertaining." (2) "No Minors - No individual under the age of eighteen is allowed inside the premises." (3) "Patrons' conduct is being observed by management. Illegal conduct will not be permitted." (4) The notices shall include the appropriate city ordinance number. (r) It shall be unlawful to fail to post the notices herein required. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH21OFMIPR_ARTIXSEORBU_DIV3SEORBUEMPEOPCOFetched: 10/27/2026