§ 62-257. Sign requirements.

(a)

Business Requirements for Posting Sign Concerning Intent To Locate Sexually Oriented Business.

(1)

An applicant for a Specialized Certificate of Occupancy for a location for which a Specialized Certificate of Occupancy has not previously been issued shall post an outdoor sign at the location in compliance with Section 243.0075 of the Texas Local Government Code, as amended, not later than the 60 ^th day before submitting the application for a Specialized Certificate of Occupancy to the Chief of Police.

(2)

The sign shall comply with the following requirements:

a.

The sign must be at least 24 inches high by 36 inches wide in size;

b.

Each letter on the sign must be at least two inches in height and 1 and ½ inches in width for each letter on the sign;

c.

The sign shall state that a sexually oriented business is intended to be located on the premises;

d.

The sign shall provide the name(s) and business address(es) of the owner(s) and operator(s);

e.

All required information must read horizontally from left to right; and

f.

The sign shall be prominently posted such that it is clearly legible from the public right-of-way.

(3)

The operator of a proposed sexually oriented business shall notify the Chief of Police, by certified mail or hand delivery, when a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the Chief of Police within five days after the posting of the sign. If the Chief of Police receives the notification within five days after the sign was posted, the 60-day posting period required by section 243.0075 shall be deemed to begin on the posting date. If the notification is received by the Chief of Police more than five days after the sign was posted, the 60-day posting requirement shall be deemed to begin on the date the Chief of Police verifies the sign has been posted.

(4)

When a sign is posted at an intended location of a sexually oriented business and the intended location is not in violation of the distance requirements set out in this Article on the posting date, the sexually oriented business will qualify as a conforming use with regard to the distance requirements and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of a religious institution, school, public park, public library, cultural/historical district or residential district within 1,500 feet of the posted location.

(5)

Paragraph 4 of this subsection does not apply if:

a.

A completed application for a specialized certificate of occupancy for a proposed sexually oriented business is not filed with the Chief of Police within 20 days after the expiration of the 60-day posting requirement under Section 243.0075 of the Texas Local Government Code, as amended; or

b.

The application for a Specialized Certificate of Occupancy is withdrawn or denied; or

c.

The notification requirements of paragraph 2 are not met.

(b)

Signs at each Public Entrance.

(1)

The operator shall maintain at least one conspicuous permanently mounted sign, presented in both English and Spanish, at each public entrance, in accordance with the City's sign codes, of a size of at least 18 inches in height and 24 inches in width, easily visible and legible to all persons prior to entry into the establishment, with each letter on the sign at least one-half inch in height and three-quarters of an inch in width for each letter on the sign which contains a statement to the effect:

"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description of the type of activity or merchandise as permitted herein]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN. NO PERSON UNDER 18 YEARS OF AGE ALLOWED ENTRY"
[If alcoholic beverages are sold or consumed on the premises] - "NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY"

(c)

Exterior Signs.

1.

Notwithstanding any provision of the Haltom City Code or any other city ordinance, code, or regulation to the contrary, the owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any on-premise sign for the establishment other than one primary sign and one secondary sign as provided in this subsection.

2.

A primary sign may have no more than two display surfaces. Each display must:

a.

Not contain any flashing lights;

b.

Be a flat plane, excluding the lettering;

c.

Be rectangular in shape.

3.

A secondary sign may have only one display surface. The display surface must:

a.

Not contain any flashing lights;

b.

Be a flat plane, excluding the lettering;

c.

Be rectangular in shape; and

d.

Be affixed or attached to a wall or door of the establishment.

4.

A primary or secondary sign may not contain any of the following: neon lighting, moving parts, photographs, silhouettes, drawings, or pictorial representations of any kind. A primary or secondary sign may contain only the name of the establishment and/or one or more of the following phrases:

a.

"Adult arcade."

b.

"Adult bookstore"

c.

"Adult video store"

d.

"Adult cabaret."

e.

"Adult motel."

f.

"Adult motion picture theater."

g.

"Escort agency."

h.

"Nude modeling business."

i.

"Sexual encounter center."

5.

A primary sign for an adult motion picture theater or adult theater may contain the phrase, "Movie Titles Posted on Premises," in addition to the phrases listed in subsection (d)(4) above.

6.

Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type, size and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.

7.

Notwithstanding the sign requirements of this Article, any signs at a lawfully operating sexually oriented business on ____________ , 2012 may continue to be maintained on the premises, until:

a.

The sign is intentionally removed or destroyed by the owner or operator of the sexually oriented business or abandoned by the owner or operator of the sexually oriented business; or

b.

The city requires removal, relocation or reconstruction of the sign in accordance with state law.

8.

Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises, or that contains any of the phrases listed in subsection (c)(4) above or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this section. The intent of this subsection is to prevent the use of signage identifying the commercial multi-tenant center itself from being used as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this section.

(Ord. No. O-2013-012-15, § 1, 6-24-13)