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91 Regular Meeting May 9, 1988 Page 4 Mayor Mo~ris introduced for consideration approval of an Ordinance on second reading, the caption which was read as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE SAN MARCOS CODE OF ORDIN- ANCES BY THE ADDITION OF CHAPTER 37, SEXUALLY ORIENTED BUSINESSES, SETTING OUT PURPOSE AND INTENT, DEFINING TERMS CLASSIFYING SEXUALLY ORIENTED BUSINESSES, PROVID- ING FOR INSPECTIONS, PROVIDING A LICENSING SCHEME, REGULAT- ING THE LOCATION OF SEXUALLY ORIENTED BUSINESSES, PROVID- ING ADDITIONAL REGULATIONS FOR VARIOUS CLASSIFICATIONS OF SEXUALLY ORIENTED BUISNESSES, PROVIDING FOR ENFORCEMENT, AND REQUIRING SIGNS; AMENDING APPENDIX A, GENERAL ZONING ORDINANCE, OF THE SAN MARCOS CODE OF ORDINANCES BY ADDING SEXUALLY ORIENTED BUISNESSES AS A SPECIFIC USE IN COMMER- CIAL DISTRICTS; AND ESTABLISHING AN EFFECTIVE DATE. Ms. Kissler moved for approval of the Ordinance on second reading and Mr. Guerra seconded the motion. Ms. Kissler moved to amend Sec. 37-6. Fees, for the annual fee to be $750.00 and Mr. Brown seconded the motion, which passed unanimously. Mr. Hernandez moved to amend Sec. 37-13. Loca- tion of sexually oriented businesses in (a) and (b) to change the dis- tance to 1,500 feet and Mr. Guerra seconded the motion. Mr. Hernandez stated if the Knights of Columbus is considered to be a bar, he would have no problem in the area needing to be further reduced. Mr. Brown stated he was concerned with the area in which sexually oriented busi- nesses aeing allowed to be located (IH35, South area) in that such businesses will be so visible and accessible, and that this is one of the major entrance areasof our City and may reflect the public image of our City. Mr. Hankins said there were 2 approaches that could be con- sidered, to either disburse these businesses throughout the community or to concentrate the businesses in a specific zone. The Council voted unanimously on Mr. Hernandez' motion. A discussion ensued regarding Sec. 37-2. Definitions. (2) regarding major business activity or princi- pal business activity. Mr. Hankins stated the language of the definition should not be broadened too much, or it would include items that were not intended to be excluded from sale, such as sex education books. Mr. Guerra moved to amend Sec. 37-2. (2) to change a portion of the language as follows: "... offers for sale or rental for any form of consideration as one of its business activities," and Ms. Kissler seconded the motion. On roll call the following vote was recorded: AYE: Brown, NAY: Moore. ABSTAIN: None. Guerra, Hernandez, Morris, Kissler, Plummer. The Council voted unanimous approval of the Ordinance on second reading and directed the City Attorney provide wording for proposed amendments of Sections 37-4 and 37-23(d) at third reading. Mayor Morris introduced for consideration approval of four Ordinances on second reading and one Ordinance on third and final reading by con- sensus. Mr. Brown moved for approval of the four Ordinances on second reading and for adoption of the Ordinance on third and final reading by consensus and Ms. Kissler seconded the motion, which passed unanimously. The captions of these Ordinances read as follows: