Sec. 21-91. - Definitions.

As used in this article the following words and terms shall have the meanings respectively ascribed:

Aid or assist shall mean intentionally or knowingly concealing, disguising or misrepresenting the age of a child.

Control over city-owned facilities shall mean any person, or employee of such person, authorized by lease to produce, direct, participate in or perform any musical, dramatic or theatrical performance at a city-owned facility. This term shall not include peace officers in performance of their official duties.

Direct shall mean commanding movement of any actor, performer, stage equipment or stage props.

Explicit reference shall mean the use of words which have a readily recognizable meaning describing or depicting conduct proscribed hereby, but shall not include words which are merely suggestive or have meanings which are equally consistent with actions not proscribed hereby.

Intentionally, knowingly, recklessly shall have those meanings as defined in the Texas Penal Code.

Leased area shall mean that area of a city-owned facility identified by lease providing for performance of a musical, dramatic or theatrical production.

Participate shall mean placing or moving equipment or props used in a musical, dramatic or theatrical production.

Perform shall mean acting or performing a musical, dramatic or theatrical production.

Performance shall mean any musical, dramatic or theatrical production performed by any individual or identifiable group whether or not the production includes more than one individual or identifiable group staged in a city-owned facility.

Performance obscene as to a child shall mean a performance which contains a description of or explicit reference to:

(a)

Anal copulation;

(b)

Bestial sexual relations;

(c)

Sadistic, masochistic or violent sexual relationships;

(d)

Sexual relations with a child;

(e)

Sexual relations with a corpse;

(f)

Exhibition of male or female genitals;

(g)

Rape or incest; or

(h)

A vulgar or indecent reference to sexual intercourse, excretory functions of the body, or male or female genitals;

and which, taken as a whole: (1) Appeals to the prurient interest of a child under the age of fourteen (14) years in sex; and (2) violates generally prevailing standards in the adult community as to the suitability of such performances for observation of a child under the age of fourteen (14) years; and (3) lacks any serious, artistic, literary, political or scientific merit as to a child under the age of fourteen (14) years.

Person shall mean any individual, partnership, corporation or other legal entity of any kind.

Produce shall mean contractual responsibility for advertising, staging or setting up a musical, dramatic or theatrical production.

(Ord. No. 61850, § 1, 11-14-85) Supp. No. 15

Sec. 21-92. - Admission of children.

No person having control over a city-owned facility shall intentionally, knowingly, or recklessly allow or permit a child under the age of fourteen (14) years to enter or to remain within a leased area in a city-owned facility within one hour before or at any time during a performance is scheduled, if such person (1) knows, or (2) has knowledge of sufficient facts and circumstances from which a reasonable person would know that the performance is or will be a performance obscene as to a child, unless such child is admitted with a parent or legal guardian.

(Ord. No. 61850, § 2, 11-14-85)

Sec. 21-93. - Producing, performing, directing or participating in a performance.

No person shall intentionally, knowingly, or recklessly produce, perform, direct, or participate in a performance within the leased area if such person:

(1)

Knows; or

(2)

Has knowledge of sufficient facts and circumstances from which a reasonable person would know that:

a.

A child under the age of fourteen (14) years of age is present without a parent or legal guardian; and

b.

The performance is or will be a performance obscene as to a child.

(Ord. No. 61850, § 3, 11-14-85)

Sec. 21-94. - Advertising and notification.

Any person who shall produce or direct a performance, and who (1) knows, or (2) has knowledge of such facts and circumstances from which a reasonable person would know that the performance is or will be a performance obscene as to a child shall cause and provide by contract or otherwise for inclusion in any advertising for such performance the following notice:

"This performance may contain material not suitable for children without supervision. Parental discretion is advised. No child under the age of fourteen (14) years of age will be admitted without a parent or legal guardian."

No person shall intentionally, knowingly, or recklessly contract for or obtain any advertising for a performance which is obscene as to a child, without providing for the notice required by the foregoing sentence to be included therein.

(Ord. No. 61850, § 4, 11-14-85)

Sec. 21-95. - Aiding or assisting a child in attendance.

No person shall intentionally or knowingly aid or assist a child under the age of fourteen (14) years not accompanied by a parent or legal guardian in gaining admission to, or in remaining present during a performance which the actor (1) knows, or (2) knows such facts and circumstances from which a reasonable person would know that the performance is or will be a performance obscene as to a child.

(Ord. No. 61850, § 5, 11-14-85)

Sec. 21-96. - Defenses.

It shall be an affirmative defense to any prosecution under Section 21-92 above if the person having control over a city-owned facility attempts to ascertain the true age of a child seeking entrance to a performance obscene as to a child by requiring production of a birth certificate, school record, including identification showing the child's age or other school record indicating the child to be enrolled in eighth (8th) grade or higher, and not relying solely on oral allegations or apparent age of the child.

(Ord. No. 61850, § 6, 11-14-85)

Sec. 21-97. - Penalties.

Each act or failure to act as required herein shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).

(Ord. No. 61850, § 7, 11-14-85)

Sec. 21-98. - Severability.

If, for any reason, any one or more sections, sentences, clauses or parts of this article are held legally invalid, such judgment shall not prejudice, affect, impair or invalidate the remaining sections, sentences, clauses or parts of this article.

(Ord. No. 61850, § 8, 11-14-85)

Sec. 21-99. - Applicable effective date.

The requirements of this article shall apply only to leases providing for performances of musical, theatrical or dramatic productions in City-owned facilities executed after the effective date of this article [Ordinance Number 61850].

(Ord. No. 61850, § 9, 11-14-85)