PERMITS, CONDUCT, AND OPERATIONS OF ADULT ARCADES

San Antonio City Code ch. 21, art. IX, div. 4

in effect

San Antonio City Code § 21-236 Definitions.

Sec. 21-236. - Definitions. As used in this section, the following words shall have the meanings herein ascribed, unless the context of their use clearly indicates another meaning: Adult arcade shall mean any "premises" to which members of the public or members of any club, group or association are admitted and permitted to use one or more arcade devices. Adult arcade permit shall mean the original license issued to a duly authorized agent of an owner or operator of an adult arcade as lawful authority to operate an adult arcade. Arcade device shall mean any coin, currency or slug operated or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of "entertainment" that is intended for the viewing of five (5) or fewer persons in exchange for any payment or consideration. Duly authorized agent shall mean an individual who has actual authority to file an application with the chief of police for an adult arcade permit on behalf of any association, corporation, individual, owner, operator, or person and who meets the requirements set forth in subsection 21-238(i) and is not disqualified per subsection 21-238(j) below. Employee shall mean any person employed by an employer in consideration for monetary compensation or profit. Entertainment shall mean: any live exhibition, display or performance; any still picture(s) or movie picture(s), whether mechanically, electrically or electronically displayed; or any combination of the foregoing, in which specified sexual activities are depicted. Individual shall mean a natural person. Manager shall mean any individual holding a position in an adult arcade with the responsibility for direct supervision of the operation of the adult arcade and for monitoring and observing the areas of the adult arcade to which customers or patrons are admitted at times during which the adult arcade is open for business; or, at times during which customers or patrons are on the premises of the adult arcade. Manager's permit shall mean a license issued to an individual as lawful authority to act as a manager of an adult arcade. Operator shall mean the "individual" who is principally in charge of the management of the "adult arcade." Owner shall include, but not be limited to, any equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety. Premises shall mean a building; provided that if a building has been physically divided into separate units that each has its own individual means of ingress or egress to the exterior of the building and which are offered by lease or otherwise for separate use and control, then "premises" shall refer to each such separate unit. Specified sexual activities or specified anatomical areas shall have the same meanings as proscribed in this article. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-237 Permits required.

Sec. 21-237. - Permits required. (a) It shall be unlawful for an individual, person, corporation, operator, owner, or association to operate an adult arcade within the city, unless the chief of police has issued an adult arcade permit to the adult arcade's duly authorized agent. (b) It shall be unlawful for an individual to act as a manager of an adult arcade, unless the chief has issued a manager's permit to said individual. (c) The adult arcade permit will be issued to the duly authorized agent, but will be issued in the name of the adult arcade and will be specific for that location only. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-238 Process for requesting arcade permit.

Sec. 21-238. - Process for requesting arcade permit. (a) The chief of police shall create a form for each type of permit consistent with the provisions of this division. (b) An applicant may obtain a form from the city government website page (sanantonio.gov/sapd) or at the San Antonio Police Department (SAPD or police department) Headquarters Records Unit. Applications shall be accepted Tuesday through Thursday, excluding holidays, between the hours of 1:00 p.m. and 4:00 p.m. Applications shall not be accepted at any other time or on any other day. (c) At the time that the chief receives an application, the duly authorized agent shall pay a four hundred dollar ($400.00) nonrefundable processing fee to the city 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 adult arcade permit number. The applicant will then be photographed at the identification division. (d) All photographs 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) All applicants shall submit to a criminal background check for the purpose of verifying the information requested in subsection (j). (g) All fees required in this subsection are non-refundable. Payment of the fees shall be by cashier's check or money order and made payable to the city. (h) It shall be unlawful to apply for an adult arcade permit, unless the individual who applies is a duly authorized agent and files an accurate and complete sworn affidavit at the time of filing the application in which the individual declares: (1) The individual's identity; (2) The identity of the association, corporation, individual, owner, operator, or person on whose behalf the individual seeks an adult arcade permit; (3) The identity of the adult arcade; (4) The identity of each association, corporation, individual, owner, operator or person with an ownership interest in the adult arcade; (5) The basis for the actual authority as being one of the following: a. The individual is the sole owner or operator; b. The individual is the president, chief executive officer, or equivalent of a corporation that is an owner or operator and the individual also owns a majority of the issued voting stock for the corporation; c. The individual is the president, chief executive officer, or equivalent of a corporation that is an owner or operator and the individual attaches a corporate resolution from the corporation's board of directors or from a majority of the corporation's voting stockholders wherein is authorized the application for the permit; d. The individual is a general partner of a partnership that is an owner or operator; or e. The individual is a manager (as defined by the Texas Limited Liability company Act) of a Texas Limited Liability Company that is an owner or operator; f. State that all information is on the basis of personal knowledge; and g. State that all information is true and correct and acknowledge that a false statement is subject to criminal penalty, including but not limited to charges of perjury. (i) Unless a duly authorized agent is disqualified under one or more provisions of this article, an agent who performs the following acts shall be qualified to receive on behalf of an owner or operator an adult arcade permit: (1) The duly authorized agent pays the required processing fee to the city; (2) The duly authorized agent submits a diagram of the premises; and (3) Allows an inspection of the premises by the police department. (j) If on the basis of substantial evidence, the chief concludes that one or more of the following conditions exists then a duly authorized agent shall be disqualified from receiving an adult arcade permit for the adult arcade for which the permit is sought: (1) The individual is a sex offender subject to registration under V.T.C.A., Code of Criminal Procedure ch. 62; (2) If any owner or operator of the adult arcade is convicted of a felony in any jurisdiction in the past ten (10) years; (3) If any owner or operator of the adult arcade has been convicted of or received deferred adjudication for a specified criminal act in any jurisdiction in the past ten (10) years; (4) If the duly authorized agent, owner, or operator of the adult arcade has refused to allow an inspection of the premises of the adult arcade by at least three (3) business days prior to a deadline to issue a permit or notice of rejection; (5) If the duly authorized agent, owner, or operator of the adult arcade has failed to submit to the department of development services a diagram by at least ten (10) business days prior to the deadline to issue a permit or notice of rejection; (6) If the duly authorized agent or any individual, owner, or operator of the adult arcade has submitted false or incomplete information on an application form for the permit or has falsely responded to inquiries in a background investigation; (7) If the duly authorized agent or any owner or operator of the adult arcade has previously had an adult arcade permit revoked; (8) If the duly authorized agent or any owner or operator of the adult arcade has an adult arcade permit that is currently suspended; (9) If the adult arcade fails to conform to the configuration requirements set forth in section 21-246; or (10) If the duly authorized agent or any owner or operator of the adult arcade has had an adult arcade permit revoked within the preceding year or is otherwise disqualified from receiving or holding a permit under this article. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-239 Same—Manager's permit.

Sec. 21-239. - Same—Manager's permit. (a) An applicant may obtain a form from the city government website page (sanantonio.gov) or at the San Antonio Police Department (SAPD or police department) Headquarters Records Unit. Applications shall be accepted Tuesday through Thursday, excluding holidays, between the hours of 1:00 p.m. and 4:00 p.m. Applications shall not be accepted at any other time or on any other day. (b) At the time that the chief receives an application, the applicant pays a one hundred fifty dollar ($150.00) non-refundable processing fee to the city 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 adult arcade permit number. The applicant will then be photographed at the identification division. (c) All photographs 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. (d) 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. (e) All applicants shall submit to a criminal background check for the purpose of verifying the information requested in this division. (f) All fees required in this subsection are non-refundable. Payment of the fees shall be by cashier's check or money order and made payable to the city. (g) Unless an individual is disqualified under one or more of the provisions of this division, an individual who performs the following acts shall be qualified for a manager's permit: (1) Pay the required processing fee; (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; and (4) Appear at the place designated by the chief to submit to being photographed and fingerprinted; (5) Provide the following information: a. 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; b. The name and address of the adult arcade for which the individual requests the permit; c. 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; d. A list of each misdemeanor, excluding traffic offenses, or felony, not included in section 21-230, for which the individual has been convicted or received deferred adjudication during the past ten (10) years; e. A list of each misdemeanor, excluding traffic offenses, or felony, not included in section 21-230, for which the individual is under community supervision at the time of application; f. The name and address of each court and jurisdiction listed in response to the above; g. 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 the above; and h. 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. (h) 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 subsection 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 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 this article. (i) 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 adult arcade at which the manager's permit is valid; the full name of the manager; the date of issuance; the effective date; and, the date of expiration. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-240 Amendment.

Sec. 21-240. - Amendment. (a) An applicant or permit holder shall file an application amendment with the chief of police any time a prior statement contained on an application is known to the applicant to be materially incomplete or inaccurate because of changed circumstances. (b) An applicant or permit holder shall file an application amendment with the chief of police any time a prior statement contained on an application is known to the applicant to be materially incomplete or inaccurate because the statement was incomplete or inaccurate at the time of filing. (c) The time in which to file an application amendment is: (1) Thirty (30) calendar days from the date of changed circumstances, or (2) Thirty (30) calendar days from the date that the applicant knows that a prior statement was incomplete or inaccurate. (d) It shall be unlawful for an applicant or permit holder to fail to comply with this section. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-240.5 Issuance or denial of permits; reinspection; delivery of notice.

Sec. 21-240.5. - Issuance or denial of permits; reinspection; delivery of notice. (a) The chief of police shall issue the permits to an applicant who qualifies under the provisions of this division by the 30th day after receipt of an application; (b) The chief of police shall issue a notice of rejection to an applicant who fails to qualify under the provisions of this division by the 30th day after receipt of an application; (c) The chief shall conduct all necessary background investigations prior to the expiration of thirty (30) calendar days from the receipt of an application for an adult arcade permit or manager's permit for the purpose of determining whether each applicant is in compliance with the provisions of this division, and based upon those findings, the chief shall either issue or reject the permit in accordance with the deadlines herein stated. (d) The chief, the director of the department of development services, or their designated representatives, and any other pertinent city department or the department's designated representatives, shall complete all inspections required for an application prior to the expiration of thirty (30) calendar days from receipt of the application for an adult arcade permit or manager's permit, and based upon those findings, the chief shall either issue or reject the permit in accordance with the deadlines herein designated. (e) If an application is rejected based on an inspection of the premises only, the chief shall provide to the duly authorized agent a notice of rejection within ten (10) business days following the deadline to issue a permit or notice. (f) An applicant may request a re-inspection only if the duly authorized agent: (1) Submits the request, by certified mail, return receipt requested, within ten (10) business days following the receipt of the decision of the chief, and (2) Pays to the city a nonrefundable inspection fee of one hundred fifty dollars ($150.00) with the submission of the request. (g) The chief, the director of the department of development services, or their designated representatives, and any other pertinent city department or the department's designated representatives, shall complete a re-inspection and either issue or reject a permit based upon a request for re-inspection not more than fifteen (15) business days from the date of receipt of the request for re-inspection. If upon re-inspection the chief concludes the noted problems have not been remedied, the chief shall issue a notice of rejection and notify the applicant. (h) The chief shall send the permit or notice of rejection to the applicant's address, as listed in the application by United States Postal Service postmarked by the final day as herein stated. (i) Unless otherwise stated in this subsection, delivery by the United States Postal Service shall be presumed to be on the third business day after depositing the mail with the United States Postal Service, unless the applicant has proof to the contrary. (j) In this subsection, the last known address of an applicant, contained in an application or an amendment, is presumed as the correct address. Whenever delivery to an address is authorized or mandated under the provisions of this subsection, delivery to the presumed correct address is sufficient to comply under this subsection. (k) Personal delivery or delivery by mail as prescribed in this subsection, shall be prima facie evidence that the chief has fulfilled his duty to deliver a permit, notice of rejection, notice of intention to revoke/suspend permit, notice of revocation/suspension, or denial of revocation/suspension. (l) The chief shall issue the requested permit if the chief fails to deliver notice of rejection and does not have prima facie proof of the delivery or deposit, and if the applicant files a written request for issuance of the permit not later than the tenth business day following the deadline to issue a permit or notice. If the applicant fails to timely file a request for the permit upon the failure of the chief to issue the notice, then the applicant shall waive any appeal or cause of action that he may have herein. (m) The deadlines imposed by this division may be extended by the mutual agreement of the chief of police and the pertinent individual, except as follows: (1) The chief shall not agree to shorten any deadline; (2) The chief shall not agree to extend any deadline wherein there is an express provision in this subsection that a failure to comply with the deadline shall result in an applicant's waiver of appeal or cause of action; or (3) As otherwise prohibited within this subsection. (n) Notwithstanding the provisions of this section, an applicant whose application is rejected under the provisions of this article and is aggrieved by the decision of the hearing officer may petition to any court having jurisdiction on the subject matter. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-241 Term of permit.

Sec. 21-241. - Term of permit. (a) Each adult arcade permit and manager's permit issued shall be valid until December 31st at which time it shall expire, unless the permit is sooner revoked or surrendered. (b) Each adult arcade permit and manager's permit shall be subject to renewal as of its expiration date by filing a renewal application. (c) Each renewal application must be filed at least twenty (20) calendar days prior to the date of expiration. (d) Except as expressly indicated herein, all of the deadlines, fees, and procedures applicable to any application and permit shall also be applicable to each renewal application and renewal permit. (e) The chief shall not require another photograph for a renewal application unless he cannot verify the identity of the applicant who filed a renewal application; or, unless the applicant filing a renewal application is different from the individual who filed the original application. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-242 Use of permit.

Sec. 21-242. - Use of permit. (a) A permit issued under the provisions of this division is not a property interest but shall be a purely personal privilege that is subject to revocation or suspension if the respondent is found to have violated a provision of this division. (b) By authority of this division, by accepting a permit, the holder of the permit consents that the chief or a peace officer may detain the individual on the premises of an adult arcade for the purpose of verifying identity and permit. (c) Any owner or operator that enjoys the benefit of an adult arcade permit or has accepted a permit through a duly authorized agent consents, by authority of this section, that the chief or peace officer may enter the premises of the adult arcade at any time an owner, operator, manager, floor-manager, employee, customer or patron is on the premises to conduct an investigation or inspect the premises for the purpose of performing any duty imposed by this division. (d) All peace officers shall have the duty to enforce the provisions of this division and cooperate with the chief in the enforcement hereof. (e) It shall be unlawful for an individual to use the permit of another. It shall be unlawful for an individual holding a permit to transfer that permit for use by another individual. Permits are valid for one (1) adult arcade only and may not be transferred to any other establishment or location. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-243 Procedure for administrative hearings; revocation or suspension of permits.

Sec. 21-243. - Procedure for administrative hearings; revocation or suspension of permits. (a) Conditions resulting in revocation/suspension of adult arcade permit. (1) An adult arcade permit shall be subject to revocation if, after the issuance of the initial permit: a. Any permit holder of the adult arcade permit is convicted of a felony or specified criminal act as defined in this article; b. Any material information on the permit application which would likely have resulted in a denial of the permit is found to have been false when submitted; or c. An individual or entity not listed on the permit application becomes a duly authorized agent, owner or operator of the adult arcade and such agent, owner or operator would have caused a disqualification if listed on the original permit application. (2) An adult arcade permit shall be subject to revocation/suspension if, after the issuance of the initial permit, one or more employees of the adult arcade have a cumulative total among them of three (3) or more convictions for felonies or specified criminal acts as defined in this article where the acts that lead to the convictions occurred on the licensed premises within a consecutive 12-month period. (3) An adult arcade permit shall be subject to revocation/suspension if, after the issuance of the initial permit, any employees of that establishment have a cumulative total among them of three (3) or more convictions or deferred adjudications for any violations of this article wherein the violations that lead thereto have all occurred on the licensed premises on at least three (3) separate calendar dates within a consecutive six-month period. (b) Conditions resulting in revocation/suspension of manager's permit. (1) A manager's permit shall be subject to revocation if, after the issuance of the initial permit, the permit holder is convicted of a felony or specified criminal act as defined in this article. (2) A manager's permit shall be subject to revocation/suspension if, after the issuance of the initial permit, the permit holder has a cumulative total of three (3) or more convictions or deferred adjudications in the name of the permit holder for any violations of this article wherein the violations occurred on at least three (3) separate calendar dates within a consecutive 12-month period: (c) Notice of intention to revoke/suspend permit. If, on the basis of information and belief, the chief of police concludes that any permit issued under this article is subject to revocation or suspension because of the existence of any of the conditions set forth herein, the chief of police shall initiate a revocation/suspension proceeding by sending a notice of intention to revoke/suspend permit to the permit holder which shall detail the following: (1) The factual basis for the intention to revoke/suspend the permit; (2) The provisions of this article alleged to be violated; (3) The calendar date by which any request for contested case hearing is due; and (4) The person or office with which any request for a hearing must be filed and the address at which any such request must be filed. (d) Request for a hearing is required within twenty (20) days of notice having been given by filing a written request for a hearing with the person or office indicated on the notice of intention to revoke/suspend permit. (e) Upon proper request as set forth above, and except in the case of a continuance granted in accordance with the requirements of this article, each party with standing to contest is entitled to an opportunity to respond and to present evidence and argument on each allegation in the notice of intention to revoke/suspend permit at a hearing to be held within twenty (20) days after the date of filing of their request as shown by the date of filing stamped on the request. (f) Result of request or failure to request hearing. If no request for a hearing is timely filed, the hearing officer shall revoke the permit in question and issue a notice of revocation. If a request for a hearing is timely filed, the hearing officer shall conduct a hearing in accordance with the provisions of this article. (g) Notice of a hearing shall be sent or delivered to the person requesting a hearing not less than ten (10) business days from the date of the hearing; shall include a statement of the time, place, and nature of the hearing; and shall be sent via personal delivery or U.S. Postal Service, to the last known address of the person. Notice of a hearing shall be considered timely if properly addressed and postmarked not less than ten (10) business days from the date of the hearing. (h) Representation by counsel. Each party to a hearing is entitled to the assistance of counsel, at the party's expense. (i) Status of permit during hearing. While a hearing is pending, and prior to the final decision of the hearing officer regarding revocation or suspension, a permit remains valid unless: (1) It expires without timely application for renewal; (2) It is voluntarily withdrawn or surrendered by the permit holder; or (3) The permit holder commits an act or omission contrary to the provisions of this article which otherwise invalidates the permit. (j) Decision of the hearing officer. (1) If on the basis of substantial evidence the hearing officer finds that any of the conditions set forth herein exist for the permit in question, the hearing officer shall revoke the permit. (2) If on the basis of substantial evidence the hearing officer finds that any of the conditions set forth herein exist for the permit in question, and the permit holder has not had the permit suspended in the previous twelve (12) calendar months, the hearing officer shall suspend the permit for a period of sixty (60) calendar days. (3) If on the basis of substantial evidence the hearing officer finds that any of the conditions set forth herein exist for the permit in question and the permit holder has had the permit suspended within the previous twelve (12) calendar months, the hearing officer shall revoke the permit. (4) If the hearing officer does not find the existence of any conditions for which the permit in question may be suspended or revoked under this article, the hearing officer shall deny revocation or suspension. (5) This section shall not apply during any judicial appeal following the decision of the hearing officer. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-244 Same—Notice of revocation or suspension.

Sec. 21-244. - Same—Notice of revocation or suspension. (a) A final decision or order by the hearing officer shall be issued in writing, and shall be rendered not later than five (5) days after the hearing. (b) Following a final decision, any revocation or suspension of the permit in question shall take effect upon the date of delivery of the notice of the hearing officer's decision or such other date as may be set by the hearing officer and stated in the notice. (c) Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any suspension of the permit until the suspension expires. (d) Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any revocation of the permit unless and until a new permit, if any, is applied for and granted pursuant to the terms of this article. If a permit has been revoked because of crimes or activities occurring on the premises of an adult arcade, any and all permit holders of the adult arcade permit which has been revoked are disqualified from receiving or holding any permit under this article for a period of one (1) calendar year from the effective date of the revocation. (e) If an adult arcade permit is suspended or revoked because of crimes or activities occurring on the premises of the adult arcade, each and every individual, person, or association listed with the city as a duly authorized agent, owner, or operator of a adult arcade at the time of any suspension or revocation of the adult arcade permit for that establishment shall be considered to have had an adult arcade permit suspended or revoked as if they held the permit in their own name for purposes of determining whether they are qualified to participate in another permit application under this article. If an adult arcade permit is suspended or revoked because of crimes or activities of one or more of the permit holders which did not occur on the licensed premises, then only that individual(s) shall be considered to have had an adult arcade permit suspended or revoked for purposes of determining whether they are eligible to participate in another permit application under this article. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-245 Same—Judicial appeal.

Sec. 21-245. - Same—Judicial appeal. If an application is denied or a permit revoked or suspended by the hearing officer, then: (1) A respondent shall have thirty (30) calendar days from the date of receipt of notice of rejection or notice of revocation in which to file suit in a Judicial District Court of Bexar County, Texas, and (2) The respondent shall waive any appeal or cause of action if suit is not filed within the time specified herein. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-246 Configuration; lighting; signage.

Sec. 21-246. - Configuration; lighting; signage. The following minimum standards shall apply to the interior design of the premises of all adult arcades after the effective date of this article: (1) At least one manager's station shall be located within the premises and such location shall provide an employee, operator, agent, or owner on duty, an unobstructed view of every area of the adult arcade to which any patron may be permitted access for any purpose, other than toilet facilities, from said manager's station. If an adult arcade has two (2) or more manager's stations, the interior design of the adult arcade shall be configured to provide an unobstructed view of each area of the adult arcade to which any patron may be permitted access for any purpose other than toilet facilities, from at least one of the manager's stations. The view required must be by direct line of sight from the manager's station. Restrooms may not contain any arcade device. a. It shall be the duty of the owners, operators, agents or employees of the adult arcade to ensure that the view area specified in this section remains unobstructed by merchandise, display racks or other materials at all times that any patron is present in the adult arcade to ensure that no patron is permitted access to any area of the adult arcade which is not within this view area. At all times that any patron is present in the adult arcade, it shall be the duty of the owners, operators, agents or employees of each adult arcade to ensure that at least one person who is charged with responsibility for the operation of the adult arcade is on duty at the adult arcade and situated in the manager's station with the view area designated herein. b. It shall be an exception to the requirements of this subsection that the area of the adult arcade in question is being video monitored. (2) Video monitoring alternative. a. No adult arcade shall equip any areas into which patrons may be permitted access, other than toilet facilities, with interior doors, screens, curtains or any other opaque coverings which could obstruct the view into an area in which patrons may be permitted except as allowed under subsection (2)b. It shall be the duty of the owners, operators, agents, and employees of the adult arcade to ensure that each area into which patrons may be permitted access, other than toilet facilities, is not equipped with interior doors, screens, curtains, or any other opaque coverings which could obstruct the view into each area in which patrons may be permitted access except as allowed in subsection (2)b. b. As an alternative to subsection (1), a room in which a patron is allowed to view a video on the premises may be equipped with an interior door if the owners, operators, agents and employees of the adult arcade: 1. Maintain continuous videotape monitoring of each room in which a patron is located; 2. Make the tapes of each of the videotaped rooms available to police officers upon request for immediate inspection during any hours which the establishment is open for business; 3. Keep and maintain the tapes of each videotaped room for review by law enforcement personnel without notice, for a period of two (2) weeks; 4. Maintain the configuration requirements and other requirements set forth in this division. (3) During hours of operation, the light fixtures shall be kept on at a sufficient intensity to illuminate by not less than three (3) foot-candle as measured at four (4) feet above the level of the floor and at every area where customers or patrons are allowed. Lighting shall not be subject to intensity control by means of rheostat or other device, but shall be maintained at constant intensity in every area where customers or patrons are allowed. Light control, including on and off switches, shall be maintained at a central location by the manager, and shall not be accessible to customers or patrons. It shall be the duty of the owners, operators, agents or employees of the adult arcade to ensure that the illumination specified in this section is maintained at all times that any patron is present in the adult arcade or at all times the adult arcade is open for business. (4) Each adult arcade must comply with the following configuration requirements. Nothing herein shall allow the placement of interior doors except as allowed in subsection (2)b. a. Excepting a door that may serve as an entrance or exit to the building of the establishment for each area to which a customer or patron on the premises is allowed access, excepting the interior of lavatories, any interior door allowed herein must be made of clear glass that is no thicker than one-half-inch or of wood that is no thicker than one and one-half (1½) inches. All wooden doors must contain a clear glass window that is no thicker than one-half-inch and at least twelve (12) inches wide by twelve (12) inches high. The window must be situated on the door at a height no less than four and one-half (4½) feet and no greater than six (6) feet from the ground. The window may not be partially or fully covered in any manner. Excepting the doorknob, no interior door may be made of metal, reinforced by metal, or be thicker than allowed herein. The door to any interior room may only have one (1) throw from the doorknob or in any other manner latch from more than one (1) place into a striker plate whenever the door is closed; and, excepting one (1) lock that forms part of the doorknob and is neither a deadbolt nor chain, no interior door may have a dead bolt, chain, and/or any type of lock. b. For each area to which a customer or patron is allowed access, excepting a doorframe that may serve as an entrance or exit to the establishment, each interior doorframe to a wooden door may not be reinforced with any type of metal, excepting a cubic area that is part of the striker plate in the dimensions of not more than six (6) inches long by two (2) inches wide by six (6) inches high. c. Excepting conduits for plumbing, heating, air conditioning, ventilation, electrical service, or cable or satellite television, no opening is allowed in any wall; partition; screen; lavatory stall; or any other barrier between viewing areas or toilets. d. The conduits for plumbing, heating, air conditioning, ventilation, electrical service, and cable or satellite television must be so screened or otherwise configured to prevent their use as openings that would allow any portion of an individual to penetrate the wall or barrier between the viewing areas or toilets. e. All interior walls of any areas into which patrons may be allowed access shall be continuous from floor to ceiling with no apertures, holes or other openings. It shall be the duty of the owners, operators, agents, or employees of the adult arcade to ensure that all interior walls of each area into which patrons may be allowed access is continuous from floor to ceiling with no apertures, holes or other openings. (5) It shall be the duty of the owners, operators, agents, or employees to ensure that each separate room or compartment of the adult arcade into which patrons may be allowed access will be prominently displayed to ordinary public view with signs as follows: a. A poster or sign containing an AIDS information telephone number and stating, "Stop AIDS: avoid contact with sexual fluids and dirty needles." b. A poster or sign containing an AIDS information telephone number and stating, "AIDS is transmitted by sex without condoms or by sharing needles." c. Alternatively, a poster or sign with a similar message as approved in writing by the city health director may be displayed. d. In rooms in which video surveillance is being used, a sign notifying persons that video surveillance is being used in the rooms. e. A sign warning of activities which constitute criminal behavior in the rooms as approved by the police department. f. Each sign required by this section shall be in lettering not less than one-half-inch in height unless otherwise approved by the health director. g. Signage shall be in both the English and Spanish languages. (6) An adult arcade shall be required to post an outdoor sign advising the public that it has applied for a sexually oriented business permit upon application for said permit. Said sign shall be posted within seventy-two (72) hours of the submittal of application. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-247 Violations; other prohibited conduct; enforcement.

Sec. 21-247. - Violations; other prohibited conduct; enforcement. (a) A person having any duty under this article commits an offense if he knowingly or recklessly fails to fulfill that duty or fails to comply with any provision of this division or with any of the requirements hereof. (b) It shall be unlawful for any owner, operator, agent, or employee present in an adult arcade to knowingly or recklessly allow more than one (1) patron or client at a time to enter or occupy a room in which an arcade device is located. A sign shall be posted at the entryway of each such room which notifies patrons that only one (1) patron at a time may enter or occupy this room. (c) It shall be unlawful for any owner, operator, agent, or employee present in an adult arcade to knowingly or recklessly allow or permit any of the specified sexual activities to occur in the adult arcade or for any owner, operator or employee to knowingly or recklessly allow or permit the adult arcade to be used as a place in which solicitation for any act of specified sexual activities occur. (d) In case any premises are erected, constructed, reconstructed, altered, repaired, converted, maintained or used in violation of this division, the city, in addition to imposing criminal sanctions provided therefore, may institute any appropriate action or proceeding, including an action for abatement of a nuisance under state statute, or judicial proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, or to prevent such illegal act, conduct or use. (Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)

San Antonio City Code § 21-248 Authority to file suit.

Sec. 21-248. - Authority to file suit. The city attorney is authorized, at his discretion, in addition to or in lieu of any other remedies set forth in this division, or under any other applicable state statute, to commence an action to enjoin the violation of this division or to enjoin any person, corporation, or association from establishing, operating, or maintaining a public place or adult arcade contrary to the provisions herein, or in any other statute or doctrine. (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_DIV4PECOOPADARFetched: 10/27/2026