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<br /> 85 <br /> 0 <br /> \)'- <br /> z" <br /> --- <br /> -- ORnrfJl\tJC¡:'; lqq()- 61 <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br /> MARCOS, TEXAS, AMENDING PORTIONS OF THE CITY'S SEXUALLY <br /> ORIENTED BUSINESS REGULATIONS; PROVIDING FOR <br /> SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCEs; <br /> PROVIDING A PENALTY; PROVIDING FOR PUBLICATION AND <br /> PROVIDING AN EFFECTIVE DATE. <br /> WHEREAS, certain court decisions and State legislative changes <br /> require portions of the City's Sexually Oriented Business regulations <br /> to be amended; and, <br /> WHEREAS, the City Council desires to conform these regulations to <br /> the court decisions and legislative changes; now, therefore, <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1: That definition no. (18) in Section 37-2 of the San <br /> Marcos Code of Ordinances is hereby amended to read as follows: <br /> . . . <br /> ( 18) Sexual encounter center includes but is not limited to a <br /> hot tub establishment, and means a business or commercial <br /> enterprise that, as one of its primary purposes, offers for <br /> any form of consideration: <br /> (a) Physical contact in the form of wrestling or tumbling <br /> persons of the opposite sex; or <br /> (b) Activities between male and female persons and/or <br /> persons of the same sex when one or more of the persons <br /> is in a state of nudity or is semi-nude unless the <br /> business or commercial is: <br /> (1) A state registered massage establishment that <br /> employs only state-registered massage therapists to <br /> perform massage therapy; or <br /> (2) A state-registered massage school with at least <br /> two registered massage therapists that teaches the <br /> course of instruction required for registration as <br /> a massage therapist or a school approved by the <br /> Central Education Agency or that is otherwise <br /> approved by the state; or <br /> ( 3) A state-registered massage therapy instructor who <br /> instructs one or more students in any section of <br /> the course of instruction required for registration <br /> as a massage therapist; or <br /> (4) Operated by or employs a licensed physical <br /> therapist whose activities fall under the control <br /> of the Texas Board of Physical Therapy Examiners or <br /> a license of another state agency performing <br /> health care services within the scope of the <br /> applicable licensing act who performs the <br /> activities for or on behalf of the business or <br /> commercial enterprise. <br /> SECTION 2: That classification No. (9) in Section 37-3 of the San <br /> Marcos Code of Ordinances is hereby amended to read as follows: <br /> ( 9) Sexual encounter centers (includes hot tub establishments). <br />