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• ORDINANCE NO. 2009-71 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SAN MARCOS, TEXAS, AMENDING SECTION 18.288 OF <br />THE SAN MARCOS CITY CODE TO EXTEND THE SIX <br />MONTH MORATORIUM ON THE ISSUANCE OF LICENSES <br />FOR SEXUALLY ORIENTED BUSINESSES FOR AN <br />ADDITIONAL TWO MONTHS; DECLARING AN <br />EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. <br />Recitals: <br />1. The City of San Marcos has adopted an ordinance to provide a 2:00 a.m. closing time <br />for businesses offering on-premise consumption of alcoholic beverages and has set <br />review periods of six months, one year, and two years following the adoption date to <br />assess the effectiveness of that ordinance and its impact on the community. <br />2. The City anticipates that it may receive new applications for sexually oriented <br />business licenses as a result of adopting the 2:00 a.m. bar closing time. <br />3. Existing provisions in Chapter 18, Sections 18.241 - 18.293 of the San Marcos City <br />Code prohibit the operation of sexually oriented businesses in the central business <br />area and at any location within 1,000 feet of a church, school, residential district, <br />residential use, public park contiguous to residential districts, bars or another sexually <br />oriented businesses. <br />4. The City Council has charged the Planning and Zoning Commission with the <br />responsibility of studying the locations within the City of San Marcos that new <br />sexually oriented businesses could be located under existing ordinance provisions <br />and to make recommendations concerning text amendments to the Land Development <br />Code or changes in zoning classifications in order to minimize the adverse secondary <br />effects that such businesses have including lowering property values, increasing <br />general crime rates, and increasing sex-related crime rates. <br />5. The Department of Development Services and the Planning and Zoning Commission <br />have begun their study of the City's ordinance and are currently working on an <br />amendment to that ordinance. It is anticipated that the work will take an additional <br />two months. <br />6. The City Council finds that extending the six month time period for an additional two <br />months is necessary and sufficient to have the Planning and Zoning Commission <br />study these issues and make its recommendations concerning any ordinance <br />amendments or changes in property classifications. <br />0