HomeMy WebLinkAbout022631 ORD - 07/16/1996AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 48, SEXUALLY ORIENTED BUSINESSES BY REQUIRING
REQUESTS FOR EXTENSION OF THE SEVEN YEAR AMORTIZATION
PERIOD TO BE SUBMITTED PRIOR TO JANUARY 31, 1997; BY
DELETING THE REQUIREMENT THAT PRIOR TO ISSUING A PERMIT
AN APPLICANT'S SPOUSE MUST NOT HAVE COMMITTED A FELONY
SEXUALLY RELATED CRIME WITHIN THE LAST FIVE YEARS OR A
MISDEMEANOR SEXUALLY RELATED CRIME IN THE PAST TWO
YEARS; BY DELETING THE PROVISIONS WHEREBY A PERMIT MAY
BE REVOKED IF A PERMITTEE'S SPOUSE IS CONVICTED OF A
FELONY SEXUALLY RELATED CRIME OR A MISDEMEANOR
SEXUALLY RELATED CRIME DURING THE PERMIT PERIOD OF THE
SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi, Texas is amended by
amending Chapter 48, Sexually Oriented Businesses, Section 48-6, Existing Businesses, as follows:
Section 48-6. Existing Businesses.
(a) A sexually oriented business lawfully operating on December 27, 1995 that is in violation
of subsection (a), (b), (c), or (d) of Section 48-4 shall be deemed a nonconforming use. Except as
provided in this section, such nonconforming use shall be interpreted and applied in accordance with
Article 26, Nonconforming Uses, of the Zoning Ordinance of the City of Corpus Christi. The
nonconforming use, including signs, shall be permitted to continue for a period of seven (7) years
unless the nonconforming use is sooner terminated for any reason or voluntarily discontinued for a
period of more than six months. A nonconforming use allowed under this subsection, including
signs, shall not be increased, enlarged, extended, or altered except the use may be changed to a
conforming use. If two or more sexually oriented business premises are within 1,500 feet of one
another and otherwise in a permissible location, the sexually oriented business which was first
established and continually operating at a particular location is the conforming use and any later
established sexually oriented business is a nonconforming use.
(b) The City Council may, in its discretion, grant an extension for operation after the seven
(7) year amortization period if the owner of the existing enterprise proves that he is unable to recoup
his investment in such existing enterprise within seven (7) years of the effective date of this chapter.
In order to secure an extension of time, the owner must submit to the City Manager a written request
for such extension on or before January 31, 1997 June 30, 2002. No application for extension
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received by the City Manager after January 31, 1997 Junc 30, 2002 shall be considered. Such
written request shall set forth the following information:
(1) the amount of the owner's investment in the existing enterprise through
December 27, 1995;
(2) the amount of such investment that has been or will be realized through the
seven (7) year amortization period;
(3)
the life expectancy of the existing enterprise;
(4) the existence or nonexistence of lease obligations, as well as any contingency
clauses therein permitting termination of such lease.
This information shall be supported by relevant documentary evidence such as financial statements
and tax records. Copies of such documentary evidence must be attached to the request for extension.
(c) The City Manager shall notify an applicant for an extension of time of the time and place
of a hearing to be held on such request before the City Council. After such hearing, the City Council
will issue a written order on the request for extension. If the owner desires to appeal the City
Council's order, he or she may do so by appealing to district court within thirty (30) days of receipt
of the written order. Extensions that are granted shall specify a date certain for closure and shall not
be valid for operation at any other location.
(d) A sexually oriented business operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented
business permit, of a residence or residential district within 1,000 feet of the sexually oriented
business. This provision applies only to the renewal of a valid permit and does not apply when an
application for a permit is submitted after a permit has expired or has been revoked.
SECTION 2. That the Code of Ordinances, City of Corpus Christi, Texas is amended by
amending Chapter 48, Sexually Oriented Businesses, Section 48-21, Issuance Or Denial Of Permit,
as follows:
Section 48-21. Issuance Or Denial Of Permit
(a) Within thirty (30) days of receipt of any application, either original, renewal, or transfer,
the Chief of Police shall grant or deny the requested permit and give written notice to the applicant
as to the decision. In the event that the Chief of Police determines that an applicant is not eligible
for a permit, the notice shall include the reasons for the denial of the permit.
(b) The Chief of Police shall issue a permit to the applicant unless one or more of the
following conditions exist:
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(1) The Applicant's sexually oriented business is located in violation of the
provisions of Section 48-4 of this Chapter.
(2) The applicant failed to supply all of the information required on the application
by Section 48-19.
(3) The applicant gave fraudulent or untruthful information on the application. This
part does not apply to clerical errors.
(4) The application or the business does not meet any other requirement of this
chapter.
(5) The applicant has been convicted of a felony for which
less than five years have elapsed since the date of conviction or the date of release from confinement
imposed for the conviction, whichever is the later date, or a misdemeanor for which 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, of a crime in any state involving:
(i) public lewdness, indecent exposure, or indecency with a child as described
in Chapter 21 of the TEXAS PENAL CODE;
(ii) sexual assault or aggravated sexual assault as described in Chapter 22 of
the TEXAS PENAL CODE;
(iii) prohibited sexual conduct, enticing a child, harboring a runaway child,
or sale or purchase of a child as described in Chapter 25 of the TEXAS PENAL CODE.
(iv) prostitution, promotion of prostitution, aggravated promotion of
prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to
a minor, sexual performance by a child, employment harmful to children, or possession or promotion
of child pornography as described in Chapter 43 of the TEXAS PENAL CODE;
(v) facilitation, attempt, conspiracy, or solicitation to commit any of the
foregoing offenses; or
(vi) any similar offenses to those described above under the criminal or penal
code of another state.
(c) Property uses and distances for original applications shall be determined as of the time
that the application is filed. If a renewal or transfer application is timely filed, the property uses and
measurements for the renewal or transfer application shall be determined as of the time that the
original application for the business was filed. If not timely filed, renewal applications shall be
treated in the same manner in all respects as original applications.
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SECTION 3. That the Code of Ordinances, City of Corpus Christi, Texas is amended by
amending Chapter 48, Sexually Oriented Businesses, Section 48-23, Revocation Of Permit, as
follows:
Section 48-23. Revocation Of Permit
(a) The Chief of Police shall have the authority to revoke a permit for any one or more of
the following reasons:
(1) The permittee or permittcc's spouse has been convicted of any of the following
offenses during the permit period:
(i) public lewdness, indecent exposure, or indecency with a child as described
in Chapter 21 of the TEXAS PENAL CODE;
(ii) sexual assault or aggravated sexual assault as described in Chapter 22 of
the TEXAS PENAL CODE;
(iii) prohibited sexual conduct, enticing a child, harboring a runaway child,
or sale or purchase of a child as described in Chapter 25 of the TEXAS PENAL CODE;
(iv) prostitution, promotion of prostitution, aggravated promotion of
prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to
a minor, sexual performance by a child, employment harmful to children, or possession or promotion
of child pornography as described in Chapter 43 of the TEXAS PENAL CODE;
(v) facilitation, attempt, conspiracy, or solicitation to commit any of the
foregoing offenses; or
(vi) any similar offenses to those described above under the criminal or penal
code of another state.
(2) The permittee of the permitted business gave materially false or fraudulent
information on the original, renewal or transfer application form.
(3) That the permit was not issued in accordance with the criteria contained in this
chapter.
(b) Prior to revocation of a permit, the Chief of Police shall conduct an investigation to
determine whether the permit should be revoked. If the Chief of Police determines the permit should
be revoked, the Chief of Police shall notify the owner in writing that the permit is revoked and the
reasons for the revocation.
(c) The revocation shall commence on the day after the time to file an appeal with the City
Manager under Section 48-24(b) has expired. In the case of such appeal, the revocation is abated
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in accordance with Section 48-24(c) until the City Manager's written notice of final action on appeal
required by Section 48-24(b) is delivered to the permittee.
(d) The fact that a permit has been renewed shall have no effect on the revocation of the
permit.
(e) When the Chief of Police revokes a permit, the revocation shall continue for one year and
the permittee shall not be issued a sexually oriented business permit for one year from the date
revocation became effective. If the permit was revoked under Subsection 48-23(a)(3) , an applicant
may be granted a permit at such time as the applicant complies with the requirements of this chapter.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
SECTION 5. That upon final passage and publication of this ordinance an owner of an
existing sexually oriented business shall have 30 days to file an application with the Chief of Police
after which time a sexually oriented business shall be operating unlawfully within the City of Corpus
Christi. If such application is timely filed with the Chief of Police, an existing sexually oriented
business may continue to operate until such time as the application is approved or denied by the
Chief of Police.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
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That the foregoing ordinance was read for the first time and passed to its second reading on
this the q day of 3bl�t , 19 Cj (p , by the following vote:
Mary Rhodes O y) Betty Jean Longoria
�Q
Dr. Jack Best � John Longoria
Betty Black(At. Edward A. Martin
Melody Cooper (WIux Dr. David McNichols
Tony Heldenfels ajrzgAkt
That the foregoing ordinance `has read for the second time and passed finally on this the (o day
of j,„y , 196- fee , by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Ouroott
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
PASSED AND APPROVED, this the / `,° day of
Armando Chapa, City Secretary
fopt
, 1996.
APPROVED AS TO LEGAL FORM
THIS THE 27TH DAY OF JUNE 1996:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
MAYOR
THE CITY OF CORPUS CHRISTI
orbert J. Hart, AsAttomey
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State of Texas, }
County of Nueces }
PUBLISHER'S AI'i'IDAVIT
CITY OF CORPUS CHRISTI
ss: Ad if 744756
PO #
Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman,
who being first duly sworn, according to law, says that he is Vice -President and Chief Financial
Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in
said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb
Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022631
hich the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 22ND
day(s) of JULY. 1996.
ONE (11 Time(s)
$ 68.45
Vice -President and Chief Financial Officer
Subscribed and sworn to before me this 24TH day of
JULY. 1996.
•
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/97.
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