The text
Footnotes:
--- (1) --- Cross reference— Businesses, ch. 26; cable communications, ch. 30; health and sanitation, ch. 54; parks and recreation, ch. 74; zoning, ch. 118.
State Law reference— Public houses of amusement, Vernon's Ann. Civ. St. art. 178 et seq.; theft of service, V.T.C.A., Penal Code § 31.04.
ARTICLE I. - IN GENERAL#
Secs. 10-1—10-25. - Reserved.#
ARTICLE II. - CARNIVALS AND RELATED AMUSEMENTS#
Sec. 10-26. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Carnival means the operation or exhibition of any aggregation of riding or skill devices (not constituting an amusement park) side shows, concessions or other features, ordinarily operated or exhibited at what is commonly known and accepted as a traveling or itinerant carnival show.
(Ord. No. 90-10, § I, 5-22-90)
Cross reference— Definitions generally, § 1-2.
Sec. 10-27. - Penalty for violation of article.#
Any person who shall violate any of the provisions of this article, upon conviction, shall be fined not less than $50.00. Any person who shall aid, abet or assist in the violation of any of the provisions of this article, upon conviction, shall be fined not less than $50.00.
(Ord. No. 90-10, § VIII, 5-22-90)
Sec. 10-28. - Operational restrictions.#
(a)
Permit required. It shall be unlawful for any person to operate or exhibit, or to assist in the operation or exhibition, within the city limits, any circus, wild west show, dramatic or theatrical show, medicine show, vaudeville show, minstrel show, moving picture show or any carnival, merry-go-round, Ferris wheel, whip, skyride, hobbyhorse, bat-a-ball, tilt-a-whirl, pony ride, kiddy train, mechanical bull or other riding or skill device of such character, with or without name, where any such operation or exhibition is given in or under a tent, awning, canopy, enclosure within a temporary structure, outside of a building or in the open air without first obtaining a permit from the city building official's office.
(b)
Term of permit. The term of any permit required by this article shall in no case be for a period longer than:
(1)
One day and one night in any one year in the case of a circus or wild west show;
(2)
Two weeks in any one year in the case of a dramatic or theatrical show;
(3)
One week in any one year in the case of a medicine show, vaudeville show, minstrel show, or moving picture show; and
(4)
One week in any one year, unless sponsored for compensation by one or more civic, charitable or other local organizations in which event, for a period of time no longer than two weeks in any one year, in the case of a carnival or other related outdoor amusement ride or skill device of such character.
(c)
Permit fee. A permit shall not be issued until the applicant pays to the city a permit fee of $25.00 per day of proposed operation.
(d)
Revocation or suspension of permit. The city building official may revoke or suspend the permit of any person holding a permit under this article, for good cause shown, after notice and hearing. Good cause shall include:
(1)
Any material misrepresentation in the application for a permit or any fraud in its procurement.
(2)
Any cause which would have prevented the granting of the permit in the first place.
(3)
Misconduct of the permittee, such as the violation of any unlawful act prohibited by this article, or any other law involving honesty, good faith, responsibility or moral turpitude that directly relates to the duties and responsibilities of the permitted occupation.
(4)
The violation of any of the conditions of the permit issued under this article.
(e)
Games of chance. No permit shall be issued to an operation in connection with which any game of chance is operated.
(f)
Liability insurance. Before any permit shall be issued for any operation permitted in this section, the applicant shall file with the city, and thereafter keep in full force and effect for the term of the permitted operation, a policy of public liability insurance to be approved by the city manager and the city attorney. Such policy shall be performable in the city, insuring the public against any damage, loss or injury that may result from the operation of such permitted activity.
(Ord. No. 90-10, § II, 5-22-90)
State Law reference— Amusement Ride Safety Inspection and Insurance Act, V.A.T.S. Insurance Code, art. 21.60; eligibility of persons with criminal backgrounds for certain licenses, etc., Vernon's Ann. Civ. St. arts. 6252-13c and 6252-13d.
Sec. 10-29. - General regulations.#
(a)
Each ride or skill device shall be operated under the direct and full-time supervision and attendance of a person 18 years of age or older.
(b)
No ride or skill device shall be operated or attended by a person who is intoxicated or who is believed to be under the influence of intoxicating liquors and/or drugs, prescription or otherwise.
(c)
No permitted operation shall be operated in the city between the hours of 12:00 midnight and 8:00 a.m. on any day, or between the hours of 12:00 midnight and 1:00 p.m. on any Sunday.
(d)
The permitted operator shall, on a continuing basis, police the general area of operation for litter and debris.
(e)
At reasonable times, the permitted operator shall allow the city manager and/or his designated agent to conduct any onsite inspection that is deemed necessary to protect the health, safety and welfare of the public. The city manager and/or his designated agent is authorized to require the permitted operator to discontinue use of rides, skill devices and/or other attractions which may be found to be unsafe and/or to require the permitted operator to cordon off and make inaccessible areas within which an unsafe or unhealthy condition may exist. The permitted operator shall not allow the use of and/or any access to any ride, skill device or area which may have been found to be an immediate threat to the health, safety and welfare of the public until direct permission from the city manager and/or his designated agent has been obtained.
(Ord. No. 90-10, § III, 5-22-90)
Sec. 10-30. - Permits and inspections of sexually oriented businesses.#
All businesses qualifying as a sexually oriented businesses under the terms of the Burnet Zoning Ordinance located within the city limits must have a valid operating permit. (1)
Permits required. A commercial establishment that is a sexually oriented business as defined in the Burnet Zoning Ordinance shall at all times of operation within the city limits have a valid operating permit.
a.
A person commits an offense if that person conducts business as a sexually oriented business within the city unless a valid conditional use permit has been issued by the city for the conduct of such business.
b.
A person commits an offense if that person conducts business as a sexually oriented business within the city limits unless the person has a valid operating permit which is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises, or behind the bar in a conspicuous manner.
c.
Every permittee shall have and maintain exclusive occupancy and control of the entire permitted premises in every phase of the operation of the sexually oriented business on the permitted premises. A permittee commits an offense if the permittee attempts to avoid such responsibility by creating any device, scheme or plan which surrenders control of the employees, premises or business of the permittee to persons other than the permittee.
(2)
Application. Each person having ownership interest, control or owning the property upon which the sexually oriented business is to be located must have filled out an application and his or her name must appear on the permit. The application for a permit required by the provisions of this article shall state or contain the following:
a.
A statement as to whether or not the applicant(s) has been convicted of any crime, misdemeanor or violation of any state or federal law or municipal ordinance or code; the nature of the offense; the punishment or penalty assessed therefor; if previously convicted; and the place of conviction.
b.
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final deliver.
c.
The period of time the applicant wishes to engage in business within this city.
d.
The local and permanent address of the applicant(s) and the number of the driver's license or other state identification of the applicant(s); in the absence of such identification, the date of birth.
e.
The local and permanent address and the name of the person, if any, that the applicant(s) represents; the applicant's tax identification number, if any.
f.
The kind of goods, wares, merchandise or services in which the applicant wishes to engage in such business within the city. The hours of operation of the business and security measures to be taken to restrict access to minors.
(3)
Issuance or denial of any permit. A permit, renewal or transfer permit shall be issued unless one or more of the following conditions exists:
a.
The applicant has located the sexually orient business in violation of the zoning ordinance. Unless the business is a non-conforming use as defined therein.
b.
The applicant(s) failed to supply all of the information required on the application.
c.
The applicant, or any one applicant, gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
d.
The applicant, or any one applicant, has been convicted of a felony for which not less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
1.
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
2.
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
3.
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
4.
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
5.
Any similar offense to those describe above under the criminal or penal code of another state.
e.
Any applicant, or any one applicant, refuses to sign a release to permit a criminal background check.
f.
Permit fees are not paid in full.
(4)
Renewal of permit. Permits shall be valid for one year from the issuance of the permit. Permits must be renewed annually by all person having ownership interest or control of the sexually oriented business and all persons owning the property upon which the sexually oriented business is located. Failure to renew the permit voids the permit.
(5)
Permit transfers. A permit is personal to the persons designated in the application. A permit may not be transferred except pursuant to and in compliance with this section. A transfer application must be filed within 30 days of any change of persons designated on the current permit. A transfer application shall allow continuation of business under an existing permit while a new application is being processed. Any transfer application shall require and be treated in all respects as an original permit application. In the event that a transfer application is not timely filed, then the existing permit shall be invalid for any purpose relating to the operation of business. Provided, however, that nothing in this section shall affect the nonconforming use provisions herein.
(6)
Revocation of permit. Any violation of this ordinance shall constitute grounds for revocation of a permit. A permit shall be revoked for any of the following violations:
a.
The permittee(s) have located the sexually oriented business in violation of this ordinance. Unless the business is a non-conforming use as defined in the Burnet Zoning Ordinance.
b.
The permittee(s) failed to supply all of the information required on the application or refuses to permit inspections of premises.
c.
The permittee(s) gave fraudulent or untruthful information on the application. This does not apply to clerical errors.
d.
The permittee, or any one permittee, has been convicted of a felony for which not less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, or a misdemeanor for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever date is the later date, of a crime in any state involving:
1.
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
2.
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
3.
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code;
4.
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; or
5.
Any similar offense to those describe above under the criminal or penal code of another state.
e.
More than four criminal offenses are committed on the permitted premises in any consecutive twelve month period which fall in one or more of the following categories:
1.
Public lewdness, indecent exposure, or indecency with a child as described in the Texas Penal Code;
2.
Prohibited sexual conduct, enticing a child, harboring a runaway child, or sale or purchase of a child as described in the Texas Penal Code;
3.
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography as defined in the Texas Penal Code; or
4.
Facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
f.
Any person under the age of 18, not otherwise permitted by the Laws of Texas to view the material contained on the premises is permitted to enter the premises.
g.
The permittee is in violation of the applicable ordinances or laws and refuses or fails, after notice and time to correct, to correct a violation of an applicable health or safety ordinance or law.
(7)
Appeal. All denials and revocations of permit applications and renewals must be appealed to the board of adjustments.
a.
If an application for issuance or renewal of a permit is denied a permit or a permit is revoked, upon notice of the denial or revocation of a permit, the aggrieved applicant or permittee shall have ten days to appeal to the decision to the board of adjustments.
b.
The appeal of a revocation of a permit to the board of adjustments shall abate the revocation of the permit until such time as the board of adjustments may hold a public hearing.
(8)
Inspections. At all times that a business is operating as a sexually oriented business open to the customers, the city shall have the right inspect the premises to ensure compliance with the applicable ordinances and laws.
(9)
Permit fee. Each application for a permit, including renewal or transfer, shall be accompanied by an application fee as prescribed in the fee schedule found in Appendix B of this Code. Additionally, for each applicant identified thereon, there shall be an additional fee as prescribed in the fee schedule found in Appendix B of this Code.
(Ord. No. 2000-11, § 3, 5-25-00; Ord. No. 2024-08, § 4, 3-12-24)