Houston Sexually Oriented Business Defense Attorney

Facing allegations related to sexually oriented business violations in Houston, Texas, is a serious and stressful matter. Whether you are a business owner, manager, or employee, being accused of violating local ordinances and regulations can have devastating effects on your livelihood, reputation, and freedom.

Houston’s ordinances governing sexually oriented businesses (SOBs) are particularly strict, and violations can lead to criminal charges, fines, or even the closure of your business. These charges can also impact your professional life and create a lasting stigma.

At Scheiner Law Group, our experienced Houston sexually oriented business defense lawyers understand the challenges faced by individuals involved in the adult entertainment industry, and we are committed to defending your rights. Our legal team is dedicated to providing aggressive legal representation to clients who are being falsely accused of business violations.

In this article, we will explore what constitutes a sexually oriented business in Houston, the local regulations that govern these businesses, common violations, potential penalties, and how an experienced sexually oriented business defense attorney in Houston, Texas, can help safeguard your future.

What Is a Sexually Oriented Business (SOB) in Houston, Texas?

In Houston, a sexually oriented business (SOB) is an establishment that offers adult entertainment or services intended to appeal to the prurient interest. These businesses are subject to a variety of regulations designed to ensure public safety and to minimize any negative impact on the community.

The term “sexually oriented business violations” encompasses a wide range of potential offenses under local laws, and violations can lead to significant penalties. Whether you’re operating a business, managing employees, or working in one of these establishments, it is essential to understand what constitutes an SOB and what activities or behaviors can result in legal consequences.

Under Houston’s municipal code, a sexually oriented business is any enterprise that offers live performances or entertainment with a sexual emphasis, often for an audience of two or more people, alongside the consumption of alcoholic beverages. While strip clubs are the most well-known example of SOBs, other businesses fall under this classification as well.

The key factor in determining whether a business is considered a sexually oriented business is whether its services or products are primarily designed to provide sexual stimulation or gratification.

Examples of Sexually Oriented Businesses in Houston

While strip clubs and other adult entertainment venues are commonly associated with SOBs, the law applies to a broader range of businesses that provide services or goods intended for sexual stimulation or gratification. In Houston, SOBs may include:

Adult bookstores: Retail establishments that sell adult-themed materials such as magazines, books, or videos.
Adult cabarets: Businesses that feature live adult entertainment, such as strip clubs or exotic dancing venues.
Adult lounges: Venues that offer adult entertainment and may serve alcohol.
Adult modeling studios: Establishments where individuals engage in modeling activities with a sexual emphasis.
Adult movie theaters: Cinemas that show adult films.
Adult parlors: Places that offer various adult-themed services or products.

Are There Regulations and Requirements for Sexually Oriented Businesses in Houston, Texas?

All SOBs in Houston are governed by Chapter 28, Article VIII of the city’s municipal code, which sets out strict rules regarding zoning, licensing, and operating procedures. According to Texas Penal Code Section 102.051(2), businesses that violate these codes can face significant penalties, including fines or even closure.

For example, SOBs must not be located within 1,500 feet of schools, churches, or public parks, and they cannot operate within predominantly residential neighborhoods. Additionally, Houston Chapter 28, Art. VIII mandates that no two SOBs can be located within 1,000 feet of each other. These zoning restrictions are put in place to limit the impact of SOBs on nearby communities and to ensure that adult businesses are not concentrated in certain areas.

In addition to zoning regulations, the ordinance outlines various operational requirements. Businesses must obtain a permit from the City of Houston to operate legally, and this permit must be renewed annually. Employees and entertainers working at SOBs are also required to apply for a separate permit.

For example, an entertainer at a strip club or an adult cabaret must adhere to specific guidelines, such as maintaining a distance of at least three feet from customers during performances. In fact, any touching between entertainers and customers is strictly prohibited.

In Houston, it is crucial to ensure that your business or employment in a sexually oriented business complies with all local ordinances. Failure to do so can lead to significant legal consequences.

As experienced Houston sexually oriented business defense lawyers, Scheiner Law Group is committed to defending clients accused of sexually oriented business violations, working diligently to mitigate any potential penalties and protect your livelihood.

Statewide Regulations vs Local Regulations in Texas

Texas law sets out clear guidelines for operating sexually oriented businesses (SOBs), with strict requirements to ensure compliance and protect public welfare. Violations of these regulations—referred to as sexually oriented business violations—can result in severe penalties, including fines, revocation of permits, and even criminal charges.

Businesses must navigate both state and local regulations, with oversight extending to employee conduct, operational practices, and public safety measures.

Statewide Compliance Obligations for SOBs

To maintain their licenses and operate legally, sexually oriented businesses in Texas are required to:

Post mandatory signage: A sign must be displayed near restroom sinks directing victims of human trafficking to the National Human Trafficking Resource Center. This sign must comply with specific size and content guidelines outlined in Texas Business and Commerce Code Section 102.101.
Track patron numbers: Business owners must maintain a daily record of patrons entering the premises and pay a $5 fee per customer. This fee can be incorporated into business costs, such as a cover charge or service fees, but accurate records are required for audits.
Adhere to age restrictions: Under Texas Penal Code Section 43.251, employees must be 21 years or older to work in sexually oriented businesses. Employing individuals aged 18 to 20, even in non-sexual roles like kitchen staff, constitutes a violation and may lead to severe consequences, including felony charges for sexually explicit activities and class A misdemeanors for general employment.
Prohibit minors from entry: Individuals under the age of 18 are strictly prohibited from entering SOBs. Violating this provision can lead to license suspensions and escalating penalties for repeat offenses.

Restrictions on Ownership

Ownership and employment in SOBs are strictly regulated. Convicted sex offenders are prohibited from owning or working in any capacity at these establishments, including managerial or operational roles. Failure to terminate employees who are identified as sex offenders may result in license revocation or criminal penalties.

Local and County-Level Regulations

In addition to state mandates, local governments may impose further restrictions on sexually oriented businesses. For instance, a county may:

Restrict the proximity of SOBs to schools, places of worship, residential neighborhoods, or other SOBs.
Limit the number of sexually oriented businesses allowed in a specified area.
Enforce zoning laws to isolate SOBs from sensitive locations.

These local measures often stem from public safety concerns and aim to mitigate perceived negative impacts on surrounding areas. Local zoning restrictions must comply with First Amendment protections and state constitutional guidelines.

To learn more about regulations for SOBs, contact our experienced Houston sexually oriented business defense attorneys today.

What Are Some Examples of Violations in a Business That is Sexually Oriented?

Sexually oriented businesses (SOBs) in Texas, especially in Houston, must comply with several strict regulations. Violations can lead to serious penalties for both business owners and employees. Here are some of the most common violations:

Alcohol Code Violations: SOBs must adhere to alcohol-related laws, such as prohibiting alcohol sales to minors or maintaining proper alcohol permits. Violations can result in fines or permit suspension.
Three-Foot Rule Violation: Entertainers must maintain a distance of at least three feet from customers. Violating this rule can lead to fines, permit suspension, and criminal charges.
Touching Customers: Employees are prohibited from touching customers during performances. Any violation can result in fines, criminal charges, and business penalties.
Clothing Violations: Performers must comply with strict clothing standards. Violations can lead to fines and non-compliance with local ordinances.
Lighting and Building Violations: SOBs must meet building and lighting standards. Failing to do so can result in fines and enforcement actions.
Blocking Public Areas: SOBs must ensure public areas, including exits, are unobstructed. Blocking access can result in fines or closure of the business.

These violations are serious and can lead to significant legal consequences, including fines, suspension of permits, and even business closure.

What Are the Consequences and Penalties For Being Charged With a Violation in Texas?

In Houston, violations related to sexually oriented businesses (SOBs) are governed by strict municipal codes and the Texas Local Government Code. If an SOB fails to comply with these regulations, the penalties can be severe, ranging from hefty fines to criminal charges. Violations can result in a Class A misdemeanor under Local Government Code Section 243.010(b) and can carry severe legal consequences. For instance:

Hiring employees under 21 years old for sexually explicit roles can lead to second-degree felony charges, punishable by up to 20 years in prison and a $10,000 fine.
Allowing individuals under 18 to enter the premises can result in a class A misdemeanor, which may include up to one year in jail and fines up to $4,000.
Repeated offenses can lead to license suspension or permanent revocation.

For detailed information about Texas regulations for SOBs, visit Texas Penal Code Section 43.251. If you need legal support, contact our team of experienced Houston sexually oriented business defense lawyers to guide you through the complexities of Texas law.

Further Ramifications for SOB Violations

In addition to criminal penalties, other significant consequences can arise if a sexually oriented business is found in violation of local ordinances. One of the most severe repercussions is the suspension or revocation of the business’s operating permit.

This is especially likely if the business owner has a history of violations or a conviction related to similar offenses. The permit holder will receive an official notice and hearing regarding the potential revocation or suspension.

If the permit is revoked, the business owner can attempt to seek an injunction or a judicial review of the decision within 30 days of receiving the notice. If no action is taken within this timeframe, the permit must be surrendered, and the business will likely be forced to close.

Sex Offender Registration

Although SOB violations are typically considered non-sexual offenses, certain circumstances can lead to more serious charges. If an SOB violation involves other sexual offenses, such as illegal touching or prostitution, these additional charges may trigger the need for sex offender registration.

In most cases, SOB violations alone do not require registration as a sex offender, but when tied to more serious crimes, such as a sexual assault or exploitation, the consequences can escalate.

For example, if an employee or business owner is convicted of crimes related to sexual misconduct or exploitation at the SOB, the individual may be required to register as a sex offender, which can have lifelong repercussions.

To learn more about penalties for business violations, contact a skilled Houston sex crime defense lawyer at Scheiner Law Group today. We can help you understand your rights as a business owner or employee.

Entrapment and False Accusations of Sexually Oriented Business Violations in Texas

In the realm of sexually oriented businesses, false accusations can be devastating—whether they come from disgruntled individuals or are the result of aggressive law enforcement tactics. Unfortunately, businesses in the adult entertainment industry, including strip clubs and adult lounges, can become targets for sexually oriented business violations through entrapment or other questionable practices by law enforcement.

If you find yourself facing charges or legal action based on a false accusation, Scheiner Law Group is here to help.

Entrapment occurs when law enforcement induces or coerces a person to commit a crime they would not have committed on their own. This practice is illegal, as it undermines the concept of free will and law-abiding behavior. Unfortunately, in cases involving sexually oriented business violations, sting operations and undercover tactics are sometimes used to fabricate or exaggerate criminal behavior.

Entrapment in Prostitution Sting Operations

One of the most common forms of entrapment involves prostitution sting operations. In these operations, undercover officers pose as prostitutes or customers to lure individuals into committing illegal acts, such as soliciting prostitution. If a person is arrested during a sting operation, they may face criminal charges for solicitation of prostitution.

In Texas, this is a Class B misdemeanor, punishable by up to 180 days in jail and/or a fine of up to $2,000. If the individual has prior prostitution convictions, the charges may be upgraded to a Class A misdemeanor, which carries a harsher penalty, including up to a year in jail and/or a maximum $4,000 fine.

While law enforcement’s use of sting operations is often controversial, it’s important to note that entrapment can still be argued as a defense. If a defendant can demonstrate that they were coerced into committing the offense by law enforcement agents, they may have a strong case for dismissal. However, proving entrapment is difficult, as courts typically do not view sting operations as illegal unless they clearly involve coercion or undue pressure.

Example of Entrapment: Houston Strip Club Sting

A striking example of how law enforcement tactics can raise questions about entrapment occurred in 2017 when the Houston Police Department (HPD) conducted a controversial sting operation at a local strip club, Fantasy Plaza. Undercover officers allegedly engaged with a minor dancer, and through a staged lap dance, the officers identified the girl as a missing juvenile based on a mole under her collarbone. The club was temporarily shut down, and the operation raised serious concerns about the tactics used by law enforcement.

The officers in this case used a highly questionable approach, interacting with the minor in a way that might be considered coercive or manipulative. The strip club owner filed a lawsuit, challenging the actions of the officers involved. This case underscores the potential for false accusations and the need for businesses in the adult entertainment industry to have a skilled Houston sexually oriented business defense lawyer to protect their rights when faced with such allegations.

Experienced Sex Crime Defense Lawyers in Houston, Texas

At Scheiner Law Group, we are deeply committed to defending the rights of individuals and businesses in Houston facing sexually oriented business violations or sex crime charges.

We understand the serious consequences that come with false accusations, and we are dedicated to providing aggressive, strategic defense to protect your reputation, livelihood, and future. Whether you are dealing with prostitution stings, wrongful allegations, or any other related offenses, our team of experienced attorneys are here to stand by your side every step of the way.

We will fight tirelessly to ensure that your rights are upheld and that you receive the fair and just treatment you deserve. If you’ve been falsely accused or are facing a sex offense charge, trust Scheiner Law Group to be your advocate in the courtroom. Contact us today to discuss how we can help safeguard your rights and your future.