[1. CALL TO ORDER]
[00:00:03]
THOUSAND 22 ALL TO ORDER, HAVE A QUORUM WITH US ON TONIGHT.
UM, WE HAVE WITH US, UH, GRIFFIN, MR. BAILEY, MR. HANEY, MYSELF, SONYA BROWN, MARSHALL, AND MS. LUCAS TO MY RIGHTS.
SO THAT DOES MAKE QUORUM AND WE'RE GOING TO MOVE RIGHT ON ALONG.
WE'RE MISSING MR. O'MALLEY, UH, COMMISSIONER OVERTON.
[3. READING OF MINUTES]
I'LL ENTERTAIN A MOTION FOR THE APRIL 13TH, 2022 MEETING.THANK YOU, MR. HANEY, IS THERE A SECOND, SECOND.
I JUST HAVE ONE QUESTION ABOUT DUNE.
I DO NOT HAVE A QUESTION ABOUT THAT.
ALL THOSE IN FAVOR, THEIR EMOTION BECAUSE OF APRIL 20TH, 2002 MINUTES.
THANK YOU SO MUCH, MR. BAILEY.
UH, I JUST HAD A QUICK QUESTION ON THIS ONE, BUT IT SAID, UH, READING OF MINUTES, NONE TO APPROVE THE BLANK MINUTES AGE ONE OF SEVEN OF THOSE MINUTES, MAYBE JUST A LITTLE SOMETHING MISSING THERE AT THE, IT MIGHT BE A FORMATTING, UM, BECAUSE THERE'S SOME TEMPLATE LANGUAGE IN THERE.
SO IT MAY HAVE BEEN A PRINT OF SOME LANGUAGE THAT SHOULD HAVE BEEN INVISIBLE.
WE CAN REMOVE IT FROM THE FINAL DRAFT.
UM, IS THERE A MOTION THAT WE, WELL, WHILE YOU WERE ON IT ON THE, ON THE NEXT PAGE ITEM SIX PUBLIC COMMENT HAS LIKE BLANK, BLANK BLANK SPOKE.
TWO OF SEVEN OF THE SECOND SET OF MINUTES ADDING UP THE SECOND SET.
I THINK WE'RE OKAY WITH THE MOTION AS IT IS.
AS LONG AS I CAN WITHDRAW IT NEATLY AND AMENDED, OR WOULD YOU JUST AMEND IT THAT WAY? WE'LL BE OKAY.
I W I'LL AMEND THE MOTION TO SAY, TO MAKE THE, MAKE THE NECESSARY TEMPLATE CHANGES.
DOES THAT COVER QUESTIONS? YES, IT DOES.
IS THERE A SECOND, SECOND? UM, THANK YOU SO MUCH.
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE AS WELL.
ANY NAYS OF SENTENCE EPSTEIN PRESENT THE MAY 11TH, 2000.
AND CAN YOU USE LUCAS FOR THE MOTION? WILL YOU MAKE THE SECOND? OKAY.
ALL THOSE IN FAVOR OR IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR AYE AS WELL.
[4. COMMISSION REPORTS]
AT THIS TIME WE'RE AT ITEM FOR THE COMMISSION.SO HAPPY BIRTHDAY, JENNIFER, OTHER COMMISSIONERS HAVE REPORT.
MY REPORT WOULD BE HAPPY BIRTHDAY.
HAPPY BELATED BIRTHDAY, JENNIFER.
[5. STAFF REPORTS]
RIGHT ON IT TO STAFF REPORTS OF JENNIFER.SO AT OUR LAST REGULAR MEETING OR LAST SPECIAL MEETING, UM, THERE WAS A QUESTION ABOUT THE RULES OF PROCEDURES, UH, FOR THE COMMISSION.
SO ALL OF THE COMMISSIONERS SHOULD HAVE A COPY OF THE RULES OF PROCEDURE, UM, IN YOUR PACKETS.
I BELIEVE IT HAS A ORDINANCE ADOPTION DATE OF 2014.
UM, SO THAT'S BASICALLY HOW YOUR MEETINGS ARE STRUCTURED, UM, INCLUDING THE ALLOWANCE FOR CALLING A SPECIAL MEETING, UM, IN ADDITION TO REGULAR MEETINGS.
UM, SO THAT'S WHAT, UM, WE'RE CURRENTLY OPERATING UNDER.
IT ALSO PROVIDES, UH, THE ORDINANCE AGENDA.
UM, SO WHAT THE ORDER OF THE AGENDA.
UM, SO IF YOU EVER HAVE QUESTIONS AS TO WHY, UH, CERTAIN THINGS APPEAR IN THE ORDER THAT THEY APPEAR, UM, PART OF THAT WE ESTABLISHED WITH THE RULES OF PROCEDURE.
UM, SO THIS IS A DOCUMENT THAT WE CAN COME BACK AND VISIT.
UM, IT DOES FOLLOW ROBERT'S RULES OF ORDER, UM, IN TERMS OF HOW THE MEETINGS
[00:05:01]
ARE, UM, UH, CONDUCTED.UM, AND THEN IT ALSO GIVES YOU SOME GUIDANCE IN TERMS OF YOUR ROLE AS THE CAPITAL IMPROVEMENT, UM, COMMITTEE AS WELL.
SO WHEN IMPACT FEE CONSIDERATIONS COME BACK BEFORE THE COMMISSION, UM, THERE'S SOME OUTLINE WITHIN THESE RULES OF PROCEDURE AS TO WHAT THE COMMISSION'S ROLE, UM, IN THAT PROCESS IS.
SO, UM, THIS IS JUST BEING PROVIDED, UH, FOR, UH, THE BENEFIT OF THE COMMISSION.
AND IF YOU HAVE ANY QUESTIONS, IF YOU HAVE, UM, CLARIFICATION THAT NEED TO BE MADE, UM, YOU CAN SHARE THAT WITH THE CHAIR, UM, VICE CHAIR OR MYSELF, UM, AND THEN IF ANY EDITS NEED TO BE MADE, THEN WE CAN SCHEDULE THAT FOR A FUTURE AGENDA.
YOU HAVE ANYTHING ELSE? I DO NOT.
THE PUBLIC COMMENT, THIS IS AN OPPORTUNITY FOR THOSE THAT ARE IN THE AUDIENCE TO SPEAK TO THE COMMISSION FROGS, TO MATTERS THAT MAY NOT BE ON THE AGENDA, SEEING NONE WE'RE GOING RIGHT ALONG.
[A. CONSENT AGENDA]
THIS WILL BE OUT OF AN A WE ITEMS ACTED ON BY ONE MOTION, CONSIDER AN APPLICATION OF A PRELIMINARY PLAT FOR SHIPMENTS PLANTATION APPLICATION FOR A PRELIMINARY PLAT APPLICATION OF A PRELIMINARY PLAT FOR MALABAR HILL RETAIL FOR CONSIDERING AN APPLICATION OF A FINAL FLAT FOR ISLAND EXPRESS BY CONSIDER AN APPLICATION OF A FINAL PLAT FOR J A RAVENS ROAD AND AN APPLICATION OF AMENDING JOHANN APPROVE THE CONSENT AGENDA.I SHARED BEFORE YOU ALL TAKE ACTION ON THAT, CAN I ASK THE ITEM SEVEN, A ONE BE REMOVED, UH, JUST FOR A CLARIFICATION SEVEN, A ONE.
I'VE NEVER BEEN A ONE THAT'S OKAY.
UM, YOU WANT TO PUT THEM MY YOU UV OCEAN.
SO WE'RE GOING TO, ARE YOU GOING TO GO WITH ITEMS TO HAVE A MOTION MADE BY MR. HANEY TO, UM, APPROVE ITEMS? 2, 3, 6? IS THERE A SECOND, SECOND? THANK YOU, MR. BAILEY.
QUESTION ON ANY OF THEM FOR CLARITY.
WHAT ARE, WHAT ARE WE APPROVING HERE? IS IT THE STREET NAME? WHAT IS THIS RIGHT NOW? WE ARE ACCEPTING ITEMS, RIGHT.
BUT WITH THE SHIPMENTS PLANTATION, THAT ONE WE PULLED OUT.
WE'RE GOING TO GO BACK AND TALK ABOUT THAT, BUT WE DO HAVE A MOTION AND WE HAVE A SECOND, ALL THOSE IN FAVOR.
THAT MOTION DOES CARRY AT THIS TIME.
[(1). Consider an application of a preliminary plat for Shipmans Plantation]
HOME, PLEASE.AND LET'S HAVE A LITTLE DISCUSSION IN REGARDS TO, UM, SHIPMENTS PLANTATION.
SO LET ME JUST GO THROUGH IT REAL QUICK.
SO, UM, I DON'T KNOW IF Y'ALL REMEMBER, BUT A COUPLE OF MONTHS AGO WE HAD THE ZONING CASE FOR THE FUNERAL HOME ON HIGHWAY SIX INSTRUMENTS CALLED BOULEVARD.
THEY INITIALLY SUBMITTED THE, UM, AND THEY NAMED THE PLOT SHERMAN'S PLANTATION.
UM, BUT THEY ACTUALLY CHANGED IT TO SHIPMENTS HIGHWAY.
UM, SO I JUST WANTED TO CLARIFY THAT BECAUSE I THINK WHAT WAS PROVIDED TO YOU ON ICON OR ON THE PORTAL WAS THE SHIPMENTS PLANTATION VERSION OF THE POT, BUT THEY CHANGED THE PLOT TO SHIP HIGHWAY.
SO MOVING FORWARD, THEY WILL BE UPDATING THE APPLICATION AND THE PLANT NAME TO SHERMAN'S HIGHWAY.
AND AS A SENSE OF THE PRELIMINARY PLAT AND THEN CHANGES IN THE NEXT VERSION.
THANK YOU, MR. GRIFFIN, IS THERE ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE, OH, MONTHS,
[B. LEXINGTON VILLAGE ASSISTED LIVING]
ITEM B LEXINGTON VILLAGE ASSISTED LIVING ON BY THE APPLICANT,[00:10:02]
EVERNOTE ZONING MAP AMENDMENTS.HOWEVER, WE ARE AT OUR FAVORITES DISCUSSIONS, ZONING, TEXT, AMENDMENT
[A. Massage Establishments]
MASSAGE, A PUBLIC HEARING TO RECEIVE ONLY ORDINANCE RECORDING, MASSAGE STUFF.IT DIDN'T THE COMMISSIONERS I'M ACTUALLY GOING TO PRAY, PRESENT THIS ITEM FOR YOU ALL.
WE HAVE SPOKEN ABOUT THIS SEVERAL TIMES OVER THE LAST SEVERAL MONTHS.
UM, BUT WE BELIEVE THAT WE ARE NOW, UM, CLOSE TO A POINT, UM, OF BEING ABLE TO MOVE FORWARD WITH A TOOL THAT COULD WORK, UH, TO PROVIDE SOME INCREASE ENFORCEMENT OPTIONS, UM, INCREASED TOOLS TO BE ABLE TO STOP OR REDUCE, UM, ENLISTED, UM, UM, SEX TRAFFICKING AND PROSTITUTION, UH, WITHIN THIS REGION.
UM, SO JUST TO RECAP, UM, WE WERE APPROACHED, UM, ABOUT BY A TASK FORCE OUT OF THE FOREBRAIN COUNTY DA'S OFFICE, UM, SEEKING A COORDINATED EFFORT AMONG FORT BEND COUNTY, UH, CITIES, UM, TO CREATE ZONING REGULATIONS, UH, TO ALLOW FOR, UH, STOPPING, UM, THESE TYPES OF, UH, ILLICIT ACTIVITIES, UM, IN THE COUNTY.
UM, THE MECHANISM THAT WAS PROPOSED WAS, UH, WHAT'S CALLED A CONDITIONAL USE PERMIT.
UM, IN MANY OF OUR NEIGHBORING CITIES, IT WOULD BE THE EQUIVALENT OF THE SPECIFIC USE PERMIT, UH, THAT MISSOURI CITY HAS, UM, WHICH IS A ZONING OVERLAY, UH, KIND OF TOOL, UH, THAT WOULD ALLOW FOR SPECIFIC USES IN SPECIFIC AREAS BASED ON STANDARDS.
UM, SO WHAT HAS BEEN PRESENTED TO THE COMMISSION PREVIOUSLY, UM, WAS TAKING A LOOK AT WHAT THAT WOULD LOOK LIKE FROM MISSOURI CITY'S REGULATORY ENVIRONMENT, UM, ON APPLYING USE PERMIT STANDARDS, UM, AND, UH, TRYING TO CREATE A TOOL THAT WOULD MEET THE OVERALL GOAL, UH, THAT WOULD BE IN SYNC WITH OUR NEIGHBORING COMMUNITIES TO PROVIDE FOR THAT UNIFORM, UM, ENFORCEMENT, UH, PROCESS, UH, BUT NOT CREATING SOMETHING THAT WOULD BECOME LABORIST OR, UM, UM, COST PROHIBITIVE, UM, OR, UM, UN YOU KNOW, NOT BEING BUSINESS FRIENDLY, UM, TO THOSE LEGITIMATE BUSINESSES OUT THERE THAT WOULD FALL INTO THESE CATEGORIES.
SO, UH, WE PRESENTED TO THE COMMISSION TO OPTIONS EARLIER THIS YEAR, UM, OPTION LOOKING AT ADOPTING REGULATIONS FOR THE SPECIFIC USE PERMIT, UM, OR ADOPTIONS, UH, CREATING, UM, A PERMIT PROCESS, UH, THAT WOULD NOT REQUIRE A CERTAIN PUBLIC HEARINGS, UM, NOTIFICATIONS, THINGS LIKE THAT, UM, AND, UH, WOULD MAKE IT A LITTLE BIT MORE, UM, UM, NOT ARBITRARY, BUT, UM, OPEN-ENDED IN TERMS OF WHETHER OR NOT APPROVAL COULD BE ACHIEVED.
UM, SO WE VETTED SOME OF THAT THROUGH OUR LEGAL DIVISION.
UM, THERE ARE SOME ISSUES WITH THE CITY, UH, TRYING TO ADOPT, UM, A PERMIT ON TOP OF THE LICENSING REQUIREMENTS THAT THE STATE OF TEXAS, UM, IMPOSES ON THESE TYPES OF FACILITIES.
UM, SO, UH, WE TOOK ANOTHER LOOK AT OUR ZONING ORDINANCE AND KIND OF THE STRUCTURE OF OUR ZONING ORDINANCE, UH, TO LOOK FOR ANOTHER OPTION THAT AGAIN, KEEPS IT AWAY FROM THE SPECIFIC USE PERMIT.
AND THE MORE LABOR IS, UH, REQUIREMENTS OF THAT.
UM, BUT STILL MEETING, UH, THE SPIRIT OF WHAT WE'VE TALKED ABOUT, UM, WITH, UH, TYING IT MORE TO THE PERMITTING PROCESS.
UM, SO TONIGHT WHAT YOU HAVE BEFORE YOU, UM, IS, UH, CONSIDERATION FOR ZONING AMENDMENTS.
SO THIS WOULD INVOLVE SEVERAL SECTIONS OF THE ZONING ORDINANCE, UM, SECTION FOUR DEFINITIONS, SECTION SEVEN, USE DISTRICTS, AND THEN ON THE FOLLOWING SLIDES, SECTION NINE SUPPLEMENTARY DISTRICT REGULATIONS, UM, WHAT'S BEING PROPOSED FOR YOU TO CONSIDER, UM, IT'S BASICALLY A SITE PLAN REVIEW, UM, FOR ALL MASSAGE ESTABLISHMENTS.
UM, AND SO WHAT THAT WOULD DO IS MEET, UH, THE SPIRIT OF WHAT WE'VE DISCUSSED PREVIOUSLY, UM, APPLYING BASICALLY CONDITIONS, UM, THAT ALL MASSAGE ESTABLISHMENT WOULD, UM, BE HELD TO, UM, THAT WOULD BE REVIEWED AT THE TIME OF PERMIT PLAN REVIEW.
UM, SO A PERMIT APPLICATION WOULD HAVE TO SHOW CONFORMANCE OR COMPLIANCE, UM, WITH THE REGULATIONS THAT WERE ESTABLISHED.
UM, BUT THEN IT WOULD ALSO PROVIDE A MECHANISM, UH, TO TIE A COMPLIANCE WITH THOSE REGULATIONS, WITH THE OCCUPANCY, UM, OF THAT BUSINESS.
UM, SO I'M JUST GOING TO SUMMARIZE, UM, WHAT YOU HAVE BEFORE YOU, AND THEN, UM, UH, OPENING UP TO ANY QUESTIONS THAT YOU ALL MIGHT HAVE.
UM, SO AGAIN, UM, THE CITY DOES HAVE MASSAGE ESTABLISHMENT REGULATIONS THAT ARE ADOPTED WITHIN THE CITY'S CODE OF ORDINANCES THAT APPLY FOR CERTAIN LEVELS OF REGULATIONS.
SO WHAT YOU'RE LOOKING AT, UM, ARE TAKING THOSE REGULATIONS FROM CHAPTER 18 OF THE CITY'S CODE OF ORDINANCES AND PUTTING THEM INTO, UH, THE ZONING ORDINANCE.
SO IT WOULD INCLUDE DEFINING WHAT IT MEANS, UM, AS A MASSAGE ESTABLISHMENT.
[00:15:01]
SO THERE ARE SOME EXCLUSIONS FOR, UM, CERTAIN BUSINESSES SUCH AS CHIROPRACTORS OR MEDICAL, UM, USES OR EVEN THERAPY, UM, UH, THAT, UH, WOULD NOT FALL INTO THE DEFINITION AS PROPOSED.UM, IT ALSO PROVIDES DEFINITIONS FOR A MASSAGE THERAPIST AND MASSAGE THERAPY.
UM, RECOMMENDATION IS TO ACTUALLY SPECIFY MASSAGE ESTABLISHMENTS AS A PERMITTED USE.
UM, THE RECOMMENDED, UM, USE AREA WOULD BE, UH, ELSIE TO LOCAL RETAIL DISTRICT.
UM, WHAT YOU SEE ON THE SLIDE, AND WHAT'S ALSO INCLUDED IN THE PACKET IS EACH ONE OF OUR USE DISTRICTS HAS A PURPOSE STATEMENT, UM, THAT KIND OF DEFINES, UM, THE PARAMETERS OF USES THAT WOULD BE PERMITTED WITHIN THOSE DISTRICTS.
UH, SO ON THE SCREEN IS THE SUMMARY OF THE PURPOSE FOR THE LC TO DISTRICT.
UM, AND WE DO HAVE, UM, EXISTING MASSAGE ESTABLISHMENT, UM, THAT WE HOPE ARE LEGITIMATE BUSINESSES THAT ARE OPERATING TODAY, UH, WITHIN THAT LC TWO DISTRICT.
AND SO FOR THOSE COMMISSIONERS THAT MAY NOT BE FULLY AWARE OF HOW THOSE DISTRICTS WORK.
UM, SO IT GOES UP IN INTENSITY.
UH, SO WE HAVE VARIOUS LEVELS OF LC, UH, COMMERCIAL DISTRICTS.
SO LC TWO IS, UH, WHAT I WOULD DESCRIBE AS MORE NEIGHBORHOOD COMMERCIAL.
UM, IT GOES UP IN THE INTENSITY TO EL C3 AND THEN LC C4.
UM, SO BASICALLY WHAT HAPPENS HERE IS IF MASSAGE ESTABLISHMENTS ARE A SPECIFIED PERMITTED USE IN THE LC TWO DISTRICT, THEN THAT MEANS THAT THEY WOULD BE PERMITTED IN THE LC TWO DISTRICT LC, THREE DISTRICT LC, FOUR DISTRICT, UM, IN HIGHER INTENSITY DISTRICTS.
SO THIS WOULD BE, UM, THE MINIMUM INTENSITY LEVEL THAT A MASSAGE ESTABLISHMENT COULD LOCATE SECTION NINE SUPPLEMENTARY DISTRICT REGULATIONS.
UH, WHAT YOU HAVE BEFORE YOU IS A PROPOSAL TO, AGAIN, ADD SITE PLAN, REVIEW APPLICATION REQUIREMENTS.
SO IT SPECIFIES FOR A MASSAGE ESTABLISHMENT.
UM, THEY WOULD GO THROUGH THE STANDARD PERMITTING PROCESS THAT ANY BUSINESS TRYING TO LOCATE WITHIN THE CITY OR ANY USE TRYING TO, UM, OCCUPY A SPACE WITHIN THE CITY WOULD GO THROUGH.
UM, SO THOSE REQUIREMENTS WOULD BE THERE.
THESE WOULD BE IN ADDITION TO THAT.
SO IF A MASSAGE ESTABLISHMENT, UH, WOULD LOCATE WITHIN THE CITY OR SALTS LOCATED IN THE CITY, UM, IF THESE REGULATIONS ARE ADOPTED, UM, THEN THEY WOULD HAVE A SITE PLAN REVIEW, UM, APPLICATION REQUIREMENTS WHERE THAT WAS SPECIFIED, UH, THE CHECKLIST ITEMS THAT ARE OUTLINED, UM, IN YOUR DRAFT OF WHAT THEY WOULD HAVE TO PERMIT THAT WHAT THEY WOULD HAVE TO PROVIDE ALONG WITH OTHER PERMIT APPLICATION, UM, REGULATIONS.
AND I THINK THIS IS KIND OF THE HEART OF IT.
UM, SOME OF THE REGULATIONS THAT WE'VE TALKED ABOUT THAT HAVE BEEN PRESENTED AS, UM, WHAT HAS BEEN FOUND CONSISTENT WITH ILLEGAL OR ILLEGITIMATE, A MASSAGE ESTABLISHMENT, HAVING THOSE REGULATIONS THAT APPLY TO ALL.
SO THIS IS WHERE YOU SHOULD FIND THE LANGUAGE ON, UH, KEEPING WINDOWS, UM, STOREFRONT, WINDOWS CLEAR, UM, SO THAT, UH, YOU'RE ABLE TO SEE FROM THE OUTSIDE IN, UM, THERE'S A REGULATION IN THERE AS WELL ON, UH, NOT HAVING AN ATM, UM, ON THE PREMISE, UM, THAT WAS DISCUSSED, I THINK AT ONE OF THE LAST MEETINGS ON THIS, ON THIS TOPIC, UM, REQUIREMENTS FOR LICENSES.
SO MASSAGE ESTABLISHMENTS ARE REQUIRED TO BE LICENSED BY THE STATE MASSAGE THERAPISTS ARE REQUIRED TO BE LICENSED, UM, UH, BY THE STATE.
UM, SO HAVING THOSE LICENSED DISPLAYED, SO THERE'S A LANGUAGE IN THERE THAT BASICALLY SPECIFY, THEY'RE GOING TO SAY EXACTLY WHERE, UH, THOSE LICENSES WOULD BE LOCATED ON THE PREMISES, UM, THE PROHIBITED, UH, OPERATIONS, WHICH, UH, AGAIN, ARE MORE SO KIND OF POLICE POWERS, UM, FOR SOME OF THE ILLEGAL ACTIVITY THAT MAY BE FOUND, UM, THAT WOULD BE TAKEN FROM CHAPTER 18 AND ADDED, UH, TO THE SECTION AS WELL.
THAT'S ANOTHER KEY, UM, THAT WOULD AUTHORIZE, UM, UNDER, UH, GIVING AUTHORITY FOR THE PERMITTING PROCESS.
AND THEN ALSO, UH, FOR SUBSEQUENT, UM, INSPECTION OF THESE FACILITIES TO ENSURE THAT THEY'RE MAINTAINING COMPLIANCE, UH, WITH THE REGULATIONS THAT ARE ESTABLISHED, UM, AND THEN ANOTHER KEY COMPONENT.
UM, AND THE REASON WHY THIS WAS BEING BROUGHT UNDER ZONING, UM, IS THE, UH, ABILITY OF THE CITY, UH, TO BE ABLE TO CLOSE THAT BUSINESS.
UM, IF THEY'RE OPERATING OUTSIDE OF THE BOUNDS OF THIS REGULATION.
SO CURRENTLY, UH, THE REGULATIONS THAT WE HAVE IN CHAPTER 18, UM, IT PROVIDES BASICALLY ADDITIONAL GUIDANCE FOR, UM, PUBLIC SAFETY.
UM, IT ALSO PROVIDES GUIDANCE FOR A CERTAIN, UH, CITY INSPECTORS, UM, TO BE ABLE TO GO IN AND, UM, UH, PROVIDE NOTICE OR, UM, UM, UH, TAKE ACTION AGAINST INDIVIDUALS OR THE PROPRIETOR OF THE BUSINESS.
UM, BUT IT DOESN'T GIVE THEM THE AUTHORITY TO SHUT THAT BUSINESS DOWN.
UM, SO THIS, UH, TYING IT, UM, FOR ZONING COMPLIANCE, UH, WE GIVE US THE ABILITY TO BE ABLE TO
[00:20:01]
SUSPEND OR REVOKE THE CERTIFICATE OF OCCUPANCY IF IT'S NOT FOUND IN COMPLIANCE, IS THAT YES.UM, DOES THAT AUTOMATICALLY SHUT THE BUSINESS DOWN AND HAVE TO GO THROUGH COURT HEARINGS OR ANYTHING LIKE THAT, OR IS THIS INSTANT? AND SO THAT'S A GOOD QUESTION.
UM, AND SO THAT'S GOING TO BE UNDER THE ITEMS TO CONSIDER, UM, ONE OF THE THINGS THAT WE WERE TALKING ABOUT IS WHAT DOES THAT LOOK LIKE PRACTICALLY SPEAKING? UM, SO FOR, UH, RIGHT NOW, UH, THE LANGUAGE THAT YOU HAVE BEFORE YOU, IT AUTHORIZES A LICENSED CODE ENFORCEMENT OFFICER OR A POLICE OFFICER TO BASICALLY EXPECT, UM, THE BUSINESS, IF IT'S FOUND NOT TO BE COMPLIANT, UM, THEN IT GIVES US THE OPPORTUNITY TO REVOKE THAT CERTIFICATE OF OCCUPANCY.
BUT WHAT HAPPENS IN BETWEEN CODE ENFORCEMENT, THEIR STANDARD PROCESS IS THEY DO PROVIDE NOTICE OF VIOLATION.
UH, SO THEIR STANDARD PROC PROCESS WOULD BE TO INFORM, UM, YOU KNOW, THE BUSINESS OWNER, THE APPLICANT, UM, THE PROPERTY OWNER, THAT THIS IS IN VIOLATION, WHAT THE TIMEFRAME, UH, TO ADDRESS THAT VIOLATION, IF IT HASN'T BEEN ADDRESSED AT THAT POINT, UM, THE REVOKE OF THE CERTIFICATE OF OCCUPANCY COULD BE THE NEXT STEP.
UM, IN THAT WHAT WE'VE BEEN DISCUSSING IS KIND OF, UM, UH, BECAUSE OF FORCEMENT HAS BEEN A REALLY BIG TOPIC, UM, UH, RECENTLY IN OUR CITY IS, UH, PROVIDING LANGUAGE WITHIN THESE REGULATIONS TO KIND OF SPELL THAT OUT.
UM, SO BASICALLY STEP ONE, STEP TWO, STEP THREE, UM, WITH WHAT THE RECOURSE IS.
UM, SO WE'VE TALKED ABOUT WHETHER OR NOT, UM, HEARINGS, YOU KNOW, UH, MIGHT BE APPLICABLE, UH, YOU KNOW, JUST TO GIVE PEOPLE DUE PROCESS, UM, WITH, UH, THESE REGULATIONS.
UH, SO IT MIGHT BE A COMBINATION OF NOTIFICATION FIRST.
UM, THEY HAVE THE ABILITY, UH, TO COMPLY WITHIN THEIR TIME OR NOTICE OF VIOLATION IF THEY DON'T COMPLY, UM, THEIR CERTIFICATE OCCUPANCY COULD BE SUSPENDED.
UM, AND THEN THEY CAN HAVE A HEARING BEFORE A BOARD OR A COMMITTEE, UM, OR, YOU KNOW, UH, WE CAN MAKE A RECOMMENDATION ON THAT.
UM, IF COMPLIANCE ISN'T ACHIEVED FOLLOWING THAT, THEN THE LAST STEP WOULD BE TO REVOKE, UH, THE CERTIFICATE OF OCCUPANCY.
I'M A TIME-CONSUMING, IF IT'S SOMETHING THAT'S PRETTY SEVERE BASED ON THE SEVERITY OF WHATEVER THEY ARE VIOLATING, THAT WE COULD POSSIBLY MOVE STRAIGHT TO REVOKING.
AND I THINK THE KEY IS, IS WE PROBABLY NEED THAT LANGUAGE IN THE ORDINANCE, UM, BECAUSE WHAT YOU HAVE RIGHT NOW IS GOING TO DEFAULT TO, UM, YOU KNOW, THE PROCESSES THAT BOTH PUBLIC SAFETY HALFS AND, UH, CODE ENFORCEMENT HAS.
UM, SO WE WOULD NEED TO ACTUALLY PUT INTO THE LANGUAGE, THOSE SPECIFIC STEPS THAT I AGREE, UM, YOU KNOW, SOMETHING LIKE, YOU KNOW, WINDOW COVERINGS, YOU KNOW, IF THAT'S THE VIOLATION, IT MAY NOT BE AS SEVERE AS NON-COMPLIANCE WITH, UM, YOU KNOW, YOU DON'T HAVE LICENSED THERAPISTS, YOU KNOW, ON SITE, WHETHER IT'S, IT DOESN'T HAVE A CURRENT, UM, YOU KNOW, LICENSE.
UM, SO THERE, THERE ARE LEVELS OF SEVERITY TO THE REGULATIONS.
UM, SO WHAT WE'LL DO IS IF THE COMMISSION IS, UM, IN AGREEMENT WITH KIND OF THE, THE STRUCTURE OF THIS, WE'LL CONTINUE TO WORK WITH LEGAL.
UM, SO THAT, UH, HOPEFULLY THE LAST TIME WE BRING THIS BACK BEFORE YOU ALL WILL HAVE THAT LANGUAGE SET IN THERE Y'ALL OKAY.
SOMETHING ELSE, UM, I'M GOOD WITH THIS APPROACH.
I MEAN, WHEN I READ THROUGH IT, IT MEETS IN PRETTY REASONABLE.
I THINK YOU'VE CAPTURED MOST OF THE STUFF THAT WE USED TO TALK AND YEAH.
I MEAN, OBVIOUSLY ILLEGALS, THEY'RE GOING TO HAVE THE FINAL SAY ON EXACTLY WHAT, WHAT THE DUE PROCESS WILL HAVE TO BE.
SO, CAUSE THERE, THERE WILL BE, YOU KNOW, CERTAIN PARAMETERS, UM, UH, THAT, YOU KNOW, LEGALLY, YOU KNOW, BECAUSE IT IS, IF SOMEONE FINDS A VIOLATION, YOU CAN'T JUST GO TO ASSUMING THAT THE VIOLATION IS THERE.
SO THERE ARE STEPS THAT NEEDS TO BE TAKEN TO CONFIRM, UH, THAT THE VIOLATION IS IN EXISTENCE.
AND THEN THE NATURE OF THAT VIOLATION, UM, IF IT RISES TO THE LEVEL OF, YOU KNOW, LIFE SAFETY OR PUBLIC HEALTH, YOU KNOW, IT'S OBVIOUSLY GOING TO HAVE MORE BEARINGS ON, YOU KNOW, SOMETHING THAT, UH, YOU KNOW, COULD BE ADDRESSED, UM, YOU KNOW, MORE EASILY IT WOULD BE FEES INVOLVED.
SO, UH, WE DO HAVE IN THAT LANGUAGE, UM, A FEE ADOPTION, UH, SO RIGHT NOW, MASSAGE ESTABLISHMENT, UH, YOU KNOW, APPLYING FOR A PERMIT, UH, THEY WOULD JUST PAY FEES SUBJECT TO THAT PERMIT A PLAN REVIEW AND INSPECTION PROCESS.
UM, SO WITH THIS WOULD GIVE US, THE ABILITY TO
[00:25:01]
DO IS TO CREATE, UM, A SEPARATE FEE STREAM.SO THIS PROCESS TO REVIEW THE SITE PLAN, UH, TO DO PERIODIC INSPECTIONS, UM, WE CAN, UH, LOOK AT THAT WITH THAT FEE, THAT FEE WOULD STILL HAVE TO BE ESTABLISHED.
SO THERE'S GOING TO BE MULTIPLE PARTS.
UM, IF, UH, THIS, UH, ORDINANCE IS ADOPTED IN, IN, UH, YOU KNOW, THIS BASIC FORM, UH, WITH THAT FEES, THEN WE'LL HAVE TO GO THROUGH, UM, THE NEXT STEP TO ADOPT OR TO AMEND OUR FEE SCHEDULE, UM, AND ADD, UH, TAKE A LOOK AT WHAT THE APPROPRIATE FEE WOULD BE, SEE VALIDATION FOR FEES FOR VIOLATION.
UM, WE CAN TAKE A LOOK AT THAT TYPICALLY IT'S, THAT WOULD BE ASSESSED WITH A MUNICIPAL COURT OR A COURT CITATIONS, BUT WE CAN TAKE A LOOK TO SEE, UM, WHAT OPTIONS WE HAVE THAT CONCLUDES YOUR REPORT ON THIS PART OF, WE GOT A LITTLE MORE TO GO.
CAUSE WE ACTUALLY SKIPPED TO THE ITEMS TO CONSIDER, SO, SO THAT'S, THAT'S RIGHT IN LINE WITH THAT PIECE.
AND THEN THE OTHER ITEM THAT YOU MENTIONED BROUGHT UP PREVIOUSLY WAS THE NOTICE.
UM, THERE WAS A FEW COMMISSIONERS THAT HAD A DESIRE TO SEE A NOTIFICATION PROCESS.
UM, WE'RE STILL NOT, UM, UH, YOU KNOW, IT, WHEN YOU PROVIDE PUBLIC NOTICE, THERE SHOULD BE A PURPOSE TO THAT NOTICE.
UM, SO RIGHT NOW THAT LANGUAGE DOES NOT PROVIDE A NOTICE OPTION.
UM, HOWEVER, THE COMMISSION, UH, WANTS TO SEE OR WANTS TO RECOMMEND THAT A NOTIFICATION PROCESS, UM, OF SOME SHAPE OR FORM BE ADDED.
UM, THEN WE CAN TAKE A LOOK AT THAT AND BRING THAT BACK IN THAT LAST DRAFT, BUT TO WHAT END, I GUESS THAT'S THE DIFFICULTY OF THE PROCESS AS YOU'RE DEFINING IT.
UM, I'M NOT SURE WHAT THE PURPOSE OF THAT NOTIFICATION THEN BECOMES JUST AWARENESS.
I AGREE, BUT, BUT IT'S NOT LIKE PEOPLE WOULD HAVE AN AVENUE TO PROTEST THAT.
AND THAT'S THE CHALLENGE IS THIS PROCESS.
SO PROVIDING PUBLIC NOTICE WOULDN'T CHANGE THE COURSE OF A PERMIT APPROVAL.
SO BASICALLY THE REGULATIONS THAT YOU'RE ADOPTING, THAT'S THE, THE APPROVAL PROCESS.
SO THAT BUSINESS THAT, UM, YOU KNOW, ENTITY WOULD HAVE TO MEET THE CONDITION, EXCUSE ME, OF, UM, THAT, THAT HAVE BEEN ESTABLISHED VIA THE REGULATIONS.
SO THE NOTICE WOULDN'T CHANGE THAT PER SE.
UM, BUT YOU KNOW, AGAIN, IT'S, YOU KNOW, WE CAN DEFINITELY TAKE A LOOK AT IT AND SEE IF THERE'S, UM, A REASONABLE WAY THAT WE CAN INCORPORATE THAT BECAUSE WE UNDERSTAND WHAT THE CONCERN IS ON THE APPLICATION SIDE.
BUT I AGREE IF YOU PROVIDE NOTICE, THERE SHOULD BE SOME, YOU KNOW, CONNECTION THAT THE NOTIFICATION OR, OR INPUT, UM, PROVIDES.
WELL, DO WE, DOES IT HAVE TO BE A NOTICE OF PUBLIC HEARING? CAN IT BE JUST A NOTICE OF APPLICATION THAT'S SENT OUT TO THE NEIGHBORING PEOPLE, LETTING THEM KNOW THAT AN APPLICATION HAS BEEN MADE? OR IS THAT STILL A NO, SO FINE.
YOU LET EVERYBODY KNOW AN, THE APPLICATION WAS MADE AND THEN WHEN YOU SEND THAT OUT, THEY'RE PROBABLY EXPECTING TO SEE SOMETHING THAT SAID, WHAT SHOULD I DO OR WHAT CAN I DO OR, AND, AND THE ANSWER IS NOTHING.
I'LL FIND THE WAY YOU CAN'T DO ANYTHING.
WE'RE JUST LIKE, SO, I MEAN, IT'S LIKE ANY BUSINESS COMES IN AND MAKES AN APPLICATION.
WE DON'T NOTIFY ANYBODY THAT, THAT BUSINESS HAS COME AND DONE THAT.
AND SO TO ME, IF I GOT SOMETHING THAT SAID, SO-AND-SO DOWN, THE STREETS CAN OPEN THIS THING AND IT DOESN'T SAY OTHER THAN I'M JUST LETTING YOU KNOW IT, DOESN'T SAY, YOU KNOW, IF COULD I DO ANYTHING, SHOULD I DO ANYTHING? AM I ABLE TO DO ANYTHING? UM, I, I'M NOT SURE THAT I THINK THAT THAT'S GONNA LEAD TO A BIGGER PROBLEM.
IT'S GOING TO LEAD TO CONFUSION.
IT'S GONNA LEAD TO PEOPLE HAVING EXPECTATIONS THAT, THAT WE CAN'T MEET.
SO I I'M, I'M, I'M CONCERNED THAT WE WOULD GO THAT ROUTE.
WE DON'T NEED ANY MORE AMMAN STRIKE MY QUESTION.
THAT THAT'S A GOOD QUESTION, BUT I MEAN, ANYTHING ELSE, JENNIFER, THAT'S ALL THAT I HAVE, BUT YOU DO HAVE A PUBLIC HEARING.
UM, SO THAT'S, THAT'S WHAT I WAS TRYING TO UNDERSTAND IS SO, SO THIS IS JUST THE FIRST PUBLIC PUBLIC HEARING TO SEE, TO LOOK AT THE CURRENT.
THIS IS ACTUALLY PROBABLY, I THINK YOUR SECOND PUBLIC HEARING.
I CANNOT, YEAH, YOU YOU'VE HAD A COUPLE OF PUBLIC HEARINGS, BUT SO REMEMBER EACH PROCESS THAT WE DO WITH ZONING TEXTS AMENDMENTS, BASICALLY WHEN WE BRING IT FORWARD TO THE COMMISSION, UM, WE SCHEDULE A PUBLIC HEARING.
UM, AND SO IT JUST GIVES THE PUBLIC MORE OPPORTUNITY TO PROVIDE ANY INPUT,
[00:30:01]
UM, BEFORE THE LANGUAGE, UM, THAT RECOMMENDATION IS MADE, BUT WE DON'T HAVE ANY SPECIFIC ACTION OTHER THAN TO HAVE THE PUBLIC HEARING.WELL, IF, IF THE COMMISSION, UM, IS IN A GRANTS WITH, UH, THE FORM, UM, THAT'S BEFORE YOU, THEN WE NEED TO CALL FOR A FINAL REPORT.
AND WHAT WE'LL DO IS CONTINUE TO WORK WITH THE LEGAL DIVISION ON, UH, FINAL LANGUAGE, UH, TO PROVIDE TO YOU ALL, UM, AND GET ANY FINAL COMMENTS ON IT.
WE HAVE A LITTLE TIME ON THIS ONE.
I HAVE SOMEONE, IS THERE ANYONE THAT WOULD LIKE TO SPEAK? I SAW YOU THERE.
WOULD YOU STATE YOUR NAME JUST FOR THE RECORD? YES.
I CHAIR THE FORT BEND COUNTY DISTRICT ATTORNEYS, HUMAN TRAFFICKING, COMMUNITY AWARENESS TEAM.
UM, I JUST WANTED TO SAY THAT IT HAS BEEN A PLEASURE TO WORK WITH MS. GOMEZ AND THE CITY ATTORNEY.
THEY HAVE COME UP WITH A LOT OF OPTIONS THAT ARE REALLY GOOD VIABLE OPTIONS, AND WE, WITH THE DISTRICT ATTORNEY'S OFFICE DEFINITELY APPROVE OF THE PROCESS THAT WE'RE WE'RE HEADED TO.
SO, UM, I JUST WANTED TO LEAVE THAT INPUT.
WE THANK YOU SO MUCH FOR THAT.
THERE ARE ANYONE ELSE FOR MOTION, ALL THOSE IN FAVOR AS WELL.
THAT'S MY MOTION THAT WE ADOPT THIS AS THE PRELIMINARY REPORT.
I HAVE STAFF CREATE A FINAL REPORT AND CALLING ALL THE PUBLIC, HAVE A SECOND OCEAN, AND WE HAVE A SECOND.
ANY DISCUSSION, ALL THOSE IN FAVOR MOTION CARRIES.
[B. Sexually Oriented Businesses]
TO ITEM B, ACTUALLY ORIENTED THE PUBLIC HEARING OREGON'S PROPOSAL AMENDMENTS TO THE ZONING ORDINANCE FOR SECTION FOUR.I'M GOING TO BE MAKING THIS REPORT.
UH, SO, UH, WHAT YOU HAVE BEFORE YOU IS, UH, THIS IS OUR, UH, UH, SECOND PUBLIC HEARING ON, ON THIS CHANGE AND IS SOLELY TO CHANGE THE, UH, ROLL REALLY TO MAKE, TO GET THE DEFINITION OF A SEXUALLY ORIENTED BUSINESS AS IT EXISTS IN THE ZONING, UH, APPENDIX A SECTION FOR, UH, DEFINITIONS TO GET IN, TO BE INTO MORE COMPLIANCE OR TO BE COMPLIANT WITH THE CHAPTER 18 DEFINITION OF SEXUAL ORIENT BUSINESS.
AND IT, YOU KNOW, DURING THIS LAST, UH, CINDY'S EPISODE, I, WHILE DOING A LOT OF RESEARCH AND A LOT OF READING OF THE ORDINANCE, IT CAME TO MIND THAT, UH, THE DEFINITIONS OF A SEXUALLY ORIENTED BUSINESS FOUND IN THE CHAPTER 18, UH, OF THE CITY'S CODE OF ORDINANCES, UH, DIFFERS SLIGHTLY.
UH, BUT IN IMPORTANT WAYS FROM THE, UH, ZONING'S DEFINITION OF, UH, OF THE SEXUALLY ORIENTED BUSINESS, THE CHAPTER 18 IS, UH, I SHALL SAY MUCH MORE, UH, UH, DETAILED AND ENCOMPASSES A LOT MORE, UH, LANGUAGE THAT SPECIFICALLY TELLS US WHAT SOME, WHAT EXACTLY WHAT AN SOB IS.
UH, THE, THE, AND, AND THAT'S IMPORTANT BECAUSE IT CAME TO MIND DURING, UH, IN CONVERSATIONS WITH THE CITY'S, UH, UH, RETAINED ATTORNEY ON CINDY'S THAT, UH, YOU'LL RE IF, IF YOU CAN RECALL THE, UH, THE SUBJECT OF WHETHER OR NOT, UH, CINDY'S WAS A SEXUALLY ORDINANCE BUSINESS SORT OF HINGED ON THE AMOUNT OF, UH, NOVELTY ITEMS. LET'S JUST SAY THAT THEY EITHER HAD IN STOCK OR, OR, UH, ADVERTISING AND THINGS OF THAT NATURE.
WELL, THAT SORT OF DETAIL IS NOT CONTAINED IN THE ZONING DEFINITION.
IT IS CONTAINED IN THE DEFINITION OF, UH, IN, IN CHAPTER EIGHT DEFINITION.
IT'S IMPORTANT BECAUSE IF YOU RECALL, THIS WAS THE WHOLE, CINDY'S A MATTER WAS TREATED AS A ZONING ISSUE.
AND WE, AND YET, I DON'T THINK IT'S FATAL.
WE DID HAVE TO RELY, UH, THE ZONING, UH, HAD TO RELY ON THE CHAPTER 18 VERSION TO BRING THAT TYPE OF CLARITY AND THAT TYPE OF SPECIFICITY TO WHAT, UH, TO WHAT WAS BEING CHALLENGED.
AND SO, UH, THIS ZONING TEXT AMENDMENT, UH, IS AN ATTEMPT TO, UH, UH, TO BRING BOTH OF THOSE DEFINITIONS OF CHAPTER 18 AND THE ZONING DEFINITION INTO A CONFORMITY, UH, AND, UM, HAVE, HAVE THEM BE CONSISTENT IN THE WAY THAT, UH, THE CITY APPLIES, UH, APPLIES
[00:35:01]
EITHER REGULATION THROUGH CHAPTER 18 OR THROUGH ZONING.I THINK YOU HAVE NOW I'LL CALL YOUR ATTENTION TO, YOU SHOULD HAVE TWO, UH, ADDITIONS THAT WERE FOUND IN THAT, THAT ARE IN THE, UH, FRONT OF THE, UH, STAFF REPORT.
UH, THE, THE RED LINE ORIGINALLY PROVIDED IN THE PACKET.
IT'S NOT THE ACCURATE ONE IS NOT, IT'S NOT THE ONE THAT, UH, IS BEING PROPOSED, BUT IT'S ACTUALLY THE, UH, THE ADDITIONAL, UH, SHEETS THAT WERE GIVEN TO YOU.
SO IF YOU LOOK AT THE, UH, AT THE RED LINE STARTS WITH, UH, THE BUSY, SEXUALLY ORIENTED BUSINESS MEANS AN ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE, ADULT CABARET, ADULT MODELING, STUDIO, ADULT MOTEL, THEN EVERYTHING IS DELETED UNTIL YOU GET TO ADULT MOTION, PICTURE THEATER, ADULT SEXUAL ENCOUNTER CENTER, ADULT VIDEO, MOVIE ARCADE, AND SEXUALLY ORIENTED BUSINESSES.
AS THOSE TERMS ARE EACH DEFINED IN CHAPTER 18.
AND SO WE RELY ON THE CHAPTER 18 DEFINITIONS, AND EACH OF THOSE CATEGORIES ARE, ARE COVERED UNDER THE ZONING ORDINANCE.
NOW, THE, THE ZONING THAT'S BEING PROPOSED, THAT'S BEING PROPOSED, THE PROPOSED CHANGES.
WE'LL GET THE ZONING DEFINITIONS INTO CONFORMITY WITH THE CHAPTER 18 DEFINITIONS.
SO EFFECTIVELY THE WAY I UNDERSTOOD IT, THE WAY YOU EXPLAINED IT IS WE'RE MOVING ALL THAT, ALL THE WORDS, SECTION FOUR, THAT DON'T NECESSARILY MATCH UP WITH SECTION 18 AND BASICALLY PUTTING A FAIRLY CONCISE LIST IN SECTION FOUR, POINTING TO THE DETAILS AND 18.
THAT'S THE WAY I'D READ IT ORIGINALLY.
AND THAT'S, THAT'S KIND OF THAT, THAT CLARIFIES IT COMPLETELY.
I'VE COMPLETED MY REPORT ON IT.
THIS IS A PUBLIC HEARING, SO WE NEED TO OPEN IT UP.
IF THERE ARE ANY MORE QUESTIONS OR COMMENTS FROM THE COMMISSIONERS ON, BE GLAD TO ENTERTAIN THEM.
UM, THIS IS A PUBLIC HEARING AS STATED, UM, IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK TO THE COMMISSION ABOUT LIKE THE MOTION WE CLUBBED? SO PUBLIC HEARING AS SECOND, ALL THOSE IN FAVOR, AYE.
LIKE EMOTION, WE, UH, THE BIT, THIS FINAL REPORT TO CITY COUNCIL FOR APPROVAL, BUT WHAT WE'RE LOOKING FORWARD TO IS RIGHT.
LET ME GET, I GOT YOUR MOTION.
I JUST THOUGHT I WAS THE SECOND TO CLOSING THE PUBLIC HEARING.
THIS IS YOU'VE ALREADY CLOSED THE PUBLIC HEARING.
RIGHT? SO NOW I HAVE HIS MOTION TO MAKE THIS A FINAL REPORT.
LET ME GET A SECOND, A SECOND.
I'M READY FOR YOU, MR. BAILEY.
YOU KNOW, MY QUESTION WAS, AND YOU ALLUDED TO CINDY'S JUST TO MAKE SURE I UNDERSTAND, BUT IN THAT DEFINITION YOU WERE REFERRING TO ULTIMATE PLACE HERE ALONG.
UH, OR THEN THERE AND SEXUALLY WARRANTED BUSINESS, AS THOSE TERMS ARE DEFINED IN CHAPTER 18, ARTICLE FIVE OF THE CODE, RIGHT.
NO, YOU RAISED THE QUESTION EARLIER.
AND I THINK ANOTHER COMMISSION RAISES QUESTION EARLIER IN THE YEAR ABOUT THE MAKEUP, IF YOU WILL, WHAT'S BEING, SO THEN I JUST NOTICED IN THE RED LINE PARK, COMING BACK TOWARD THE TOP, IT SAYS AVAILABLE MOTEL THAN, OR ANY OTHER COMMERCIAL ENTERPRISE, THE PRIMARY BUSINESS OF WHICH IS THE OFFERING UP.
IN OTHER WORDS, ARE WE, IS THAT COVERED IN SECTION 18? YOU KNOW WHAT, BECAUSE THERE'S THIS COMMENT ABOUT ANOTHER MISSION OR ONE COULD ARGUE THAT WALMART SELLS NOVELTIES.
WELL, WHAT'S THE DIFFERENCE WAS NOT THEIR PRIMARY BUSINESS.
IT'S NOT WHAT THEY PRIMARILY SELL, WHICH IS KIND OF CAPTURED IN THAT ORIGINAL LANGUAGE.
BUT DOES THAT FALL SOMEWHERE ELSE OTHER THAN THIS DEFINITION? THAT'S ALL IT DOES IN CHAPTER 18.
THE DEFINITION OF A SEXUALLY ORIENTED BUSINESS MEANS ALL THOSE LAWNS, THAT LAUNDRY LIST OF ITEMS. OKAY.
OR OTHER COMMERCIAL ENTERPRISE,
[00:40:01]
THE PRIMARY BUSINESS OF WHICH IS THE OFFERING OF A SERVICE.AND THANK YOU AGAIN, THE, THE, THE, THE, THE GOAL HERE WAS TO MAKE SURE THAT BOTH OF THOSE DEFINITIONS COVER EXACTLY THE SAME THING AND WE'RE IN CONFORMITY WITH EACH OTHER.
THAT'S IT? I THINK THE COMMENT WAS MADE.
IT REALLY IS MORE HOUSEKEEPING THAN ANYTHING, SO THAT'S ALL YOU GOT.
HAVE ANY OTHER BUSINESS FOR US ON TONIGHT? SO AT THAT, IS THERE A MOTION TO ADJOURN? SECOND, ALL THOSE IN FAVOR? GOODNIGHT.