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<br /> <br /> <br /> <br /> <br />118 <br /> <br />~ <br /> <br />f§~ ORDINANCE 1988-42 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />~ik AMENDING THE SAN MARCOS CODE OF ORDINANCE BY THE ADDITION <br />~~ CHAPTER 37 SEXUALLY ORIENTED BUSINESSES SETTING OUT <br />~~RPOSE AND INTENT, DEFINING TERMS CLASSIFYING SEXUALLY <br />~~IENTED BUSINESSES, PROVIDING FOR INSPECTIONS, PROVIDING A <br />>= mCENSING SCHEME, REGULATING THE LOCATION OF SEXUALLY <br />ti~IENTED BUSINESSES, PROVIDING ADDITIONAL REGULATIONS FOR <br />>~IOUS CLASSIFICATIONS OF SEXUALLY ORIENTED BUSINESSES, <br />~¥OVIDING FOR ENFORCEMENT, AND REQUIRING SIGNS; AMENDING <br />~PENDIX A, GENERAL ZONING ORDINANCE OF THE SAN MARCOS CODE <br />~ ORDINANCES BY ADDING SEXUALLY ORIENTED BUSINESSES AS A <br />~S)ECIFIC USE IN COMMERCIAL DISTRICTS; AND ESTABLISHING AN <br />~~FECTIVE DATE. <br />i3â <br /> <br />....0 <br />f".J <br /> <br />>~ IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />~XAS : <br />t;:j;;(;4, <br />~rt 1. That the San Marcos Code of Ordinance is amended by <br />~e addition of Chapter 37 as follows: <br />~b <br />Yß <br /> <br />Chapter 37 <br />SEXUALLY ORIENTED BUSINESSES <br /> <br />Sec. 37-1. Purpose and intent. <br /> <br />It is the purpose of this chapter to regulate sexually <br />oriented businesses to promote the health, safety, morals, <br />and general welfare of the citizens of the city, and to <br />establish reasonable and uniform regulations to prevent the <br />continued concentration of sexually oriented businesses <br />within the city. The provisions of this chapter have neither <br />the purpose nor effect of imposing a limitation or <br />restriction on the content of any communicative materials, <br />including sexually oriented materials. Similarly, it is not <br />the intent nor effect of this chapter to restrict or deny <br />access by adults to sexually oriented materials protected by <br />the First Amendment, or to deny access by the distributors <br />and exhibitors of sexually oriented entertainment to their <br />intended market. It is not the intent or effect of this <br />chapter to legalize prostitution or any other conduct <br />prohibited by the Texas Penal Code. <br /> <br />Sec. 37-2. Definitions. <br /> <br />In this chapter: <br /> <br />(1) Adult Arcade means any place to which the <br />public is permitted or invited wherein coin-operated or <br />slug-operated or electronically, electrically, or <br />mechanically controlled still or motion picture machines, <br />projectors, or other image-producing devices are maintained <br />to show images to five or fewer persons per machine at any <br />one time, and where the images so displayed are distinguished <br />or characterized by the depicting or describing of "specified <br />sexual activities II or "specified anatomical areas." <br /> <br />(2) Adult bookstore or adult video store <br />commercial establishment which as one of its <br />activities offers for sale or rental for any <br />consideration anyone or more of the following: <br /> <br />means a <br />business <br />form of <br /> <br />(A) books, magazines, periodicals or other <br />printed matter, or photographs, films, motion pictures, video <br />cassettes or video reproductions, slides, or other visual <br />representations which depict or describe IIspecified sexual <br />activitiesll or "specified anatomical areas," unless such <br />books, magazines, periodicals or other printed material, or <br />photographs, films, motion pictures, video cassettes or video <br />reproduction, slides or other visual representations taken as <br />a whole, contain serious 1 i terary , artistic, political or <br />scientific value; or <br />