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<br />113
<br />
<br />Regular Meeting
<br />
<br />May 23, 1988
<br />
<br />Page 5
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS, AMENDING THE SAN MARCOS CODE OF ORDIN-
<br />ANCES BY THE ADDITION OF CHAPTER 37, SEXUALLY ORIENT-
<br />ED BUSINESSES, SETTING OUT PURPOSE AND INTENT, DEFINING
<br />TERMS, CLASSIFYING SEXUALLY ORIENTED BUSINESSES, PROVID-
<br />ING FOR INSPECTIONS, PROVIDING A LICENSING SCHEME, REGU-
<br />LATING THE LOCATION OF SEXUALLY ORIENTED BUISNESSES,
<br />PROVIDING ADDITIONAL REGULATIONS FOR VARIOUS CLASSIFI-
<br />CATIONS OF SEXUALLY ORIENTED BUSINESSES, PROVIDING FOR
<br />ENFORCEMENT, AND REQUIRING SIGNS; AMENDING APPENDIX A,
<br />GENERAL ZONING ORDINANCE OF THE SAN MARCOS CODE OF ORDIN-
<br />ANCES, BY ADDING SEXUALLY ORIENTED BUSINESSES AS A SPECI-
<br />FIC USE IN COMMERCIAL DISTRICTS¡ AND ESTABLISHING AN EF-
<br />FECTIVE DATE.
<br />
<br />Ms. Kissler moved for adoption of the Ordinance on third and final read-
<br />ing and Mr. Guerra seconded the motion. Mr. Guerra moved to amend the
<br />Ordinance in Section 37-2. (2) (A) to add the following language at the
<br />end of said Section: "... unless such books, magazines, periodicals
<br />or other printed material, or photographs, films, motion pictures, vi-
<br />deo cassettœ or video reproduction, slides or other visual representa-
<br />tions taken as a whole, contain serious literary, artistic, political
<br />or scientific value¡" and Mr. Plummer seconded the motion, which passed
<br />unanimously. Mr. Plummer moved to amend Section 37-2. (18) (B) to add
<br />the following language at the end of said Section: "... unless the
<br />business or commercial enterprise is operated by or employs a licensed
<br />physical therapist, whose activities fall under the control of the
<br />Texas Board of Physical Therapy Examiners or a licensee of another
<br />State Agency performing health care services within the scope of the
<br />applicable licensing act, who performs the activities for or on be-
<br />half of the business or commercial enterprise," and Mr. Guerra second-
<br />ed the motion, which passed unanimously. Ms. Kissler moved to amend
<br />Section 37-4. to add Subsection (e) as follows: "The Chief of Police
<br />may request any information which is necessary to verify the actual
<br />ownership interest of the applicant or the actual ownership of the
<br />business which seeks to be licensed, including, but not limited to,
<br />certified copies of Articles of Incorporation, certified copies of
<br />Assumed Name Certificates, verified copies of partnership agreements
<br />and similar such documents which will assist him in verifying owner-
<br />ship," and Mr. Guerra seconded the motion, which passed unanimously.
<br />Mr. Hernandez moved to amend Section 37-5. (a) (8) to delete the follow-
<br />ing phrase: "or an applicant's spouse," and Ms. Kissler seconded the
<br />motion, which passed unanimously. Bryan Smith stated the adult theater
<br />and book store on Linda Drive is not getting police protection, to which
<br />Chief Galchutt denied. The Council then voted unanimously for adoption
<br />of the Ordinance.
<br />
<br />Mayor Morris introduced for consideration reconsideration of a Zoning
<br />Ordinance. The Council did not wish to reconsider the Ordinance. The
<br />caption of the Ordinance reads as follows:
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
<br />MARCOS, TEXAS, AMENDING SECTION 3 OF THAT ORDINANCE
<br />WHICH REGULATES .AND RESTRICTS THE LOCATION AND USE
<br />OF BUILDINGS, STRUCTURES AND LAND, DATED JUNE 13,
<br />1984 (VOL. 66) BY ZONING 1.246 ACRES OF LAND SITUATED
<br />IN THE J. M. VERAMENDI LEAGUE NO.2 AND BEING THE SAME
<br />LAND CALLED FIRST TRACT AND SECOND TRACT IN A CONVEY-
<br />ANCE FROM T. B. LEE TO SHAW P. BREEDING, RECORDED IN
<br />VOLUME 137, PAGES 187-188, OF THE HAYS COUNTY DEED
<br />RECORDS, LOCATED AT 1901 RIVER ROAD, FROM IIpD" (PRE-
<br />DEVELOPMENT DISTRICT) TO IIR-l" (SINGLE-FAMILY DWEL-
<br />LING DISTRICT); AND DECLARING AN EFFECTIVE DATE.
<br />
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