G-98-12-10-12B1 - 12/10/1998ORDINANCE NO. 0-9g-
AN ORDINANCE ENACTING A MORATORIUM ON THE ISSUANCE
OF PERMITS FOR THE OWNERSHIP AND OPERATION OF
SEXUALLY ORIENTED BUSINESSES; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
WHEREAS, a Texas home -rule municipality may adopt ordinances
that are for the good government, peace, or order of the
municipality; and
WHEREAS, a Texas home -rule municipality may adopt ordinances
to protect the health, safety, and welfare of its citizens and the
community; and
WHEREAS, Chapter 243 of the Texas Local Government Code,
V.T.C.A. authorizes a Texas home -rule municipality to adopt
regulations regarding sexually oriented businesses the municipality
considers necessary to promote the public health, safety, or
welfare; and
WHEREAS, the City of Round Rock has previously adopted
regulations regarding the ownership and operation of sexually
oriented businesses within the corporate limits of the City;
WHEREAS, the City of Round Rock, Texas, is considering
revision of and amendments to the regulations regarding the
ownership and operation of sexually oriented businesses within the
corporate limits of the City; and
WHEREAS, the City Council of the City of Round Rock, Texas
desires to adopt this ordinance in order to ensure that the
ownership and operation of additional sexually oriented businesses
do not conflict with the amended regulations regarding the
K:\WPDOCS\ORDINANC\081210B1.WPD/Clb
ownership and operation of sexually oriented businesses within the
corporate limits of the City;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ROUND ROCK, TEXAS, THAT :
I.
The issuance of permits for the ownership and operation of
sexually oriented businesses within the city limits of Round Rock,
Texas is hereby suspended for a period of one -hundred and twenty
(120) days after the effective date of this ordinance. Every
officer, employee, or agent of the City of Round Rock is hereby
prohibited from issuing any permit(s) for the ownership and
operation of sexually oriented businesses within the city limits of
Round Rock, Texas. Unless extended by the passage of an additional
ordinance, this ordinance shall cease to be effective after the
expiration of the one -hundred and twenty (120) day period provided
for herein, such expiration date being the q Uv day of
, 1999. If, within one -hundred and twenty (120) days
ai3A.JJ
after the effective date of this ordinance, the regulations
regarding the ownership and operation of sexually oriented
businesses within the corporate limits of the City are revised or
amended, this ordinance shall cease to be effective on the
effective date of any such revision or amendments to the said
regulations.
II.
The provisions of this ordinance shall not prohibit the City
of Round Rock, Texas from enacting additional ordinances extending
the moratorium on the issuance of permits for the ownership and
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operation of sexually oriented businesses beyond the initial one -
hundred and twenty (120) day period established by this ordinance.
III.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended, and
the Act.
READ and APPROVED on first reading this the /C
day of , 1998.
READ, APPROVED and ADOPTED on second reading this the
day of , 1998.
ATTEST:
ANNE LAND, City Secretary
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CHARLES CULEER, Mayor
City of Round Rock, Texas
DATE: December 7, 1998
SUBJECT: City Council Meeting — December 10, 1998
ITEM: 12.B.1. Consider an ordinance establishing a moratorium on permits for
sexually oriented businesses within the city limits. (First Reading)
Staff Resource Person: Joe Vining, Planning Director.