Certain businesses are required to follow a set of rules if their owners want to stay in business. This is true for Sexually Oriented Businesses, or SOBs. SOBs derive their name from the services they provide. An SOB could be a strip club or cabaret club, a novelty shop or an adult theater.
If you are planning to open a business, or have opened a business, it would be a good idea to review the alcohol, zoning and other laws and regulations specific to SOBs. If you have been arrested for violating a rule, The Law Office of Kevin Bennett is ready to fight for your right to own your business.
Austin Sexually Oriented Business Attorney
If you own a sexually oriented business and have been charged with violating requirements under state law, you need to speak with an experienced Austin-based lawyer. The Law Office of Kevin Bennett is ready to provide full-service legal representation for business owners, patrons and adult entertainers.
Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible.
Information Center
- What are Sexually Oriented Businesses?
- Sexually Oriented Business Requirements
- Who Cannot Own a Sexually Oriented Business?
- Additional Resources
- Hire a Sexually Oriented Business Attorney
Sexually Oriented Businesses in Texas
Sexually Oriented Businesses, or SOBs, are outlined in Texas Penal Code 102.051(2). State code defines an SOB as an entertainment establishment such as a bar, restaurant or any other commercial venue that provides nude performances. Nude is defined under Texas law as being totally unclothed or being:
“Clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks if the person is male.”
Requirements for Sexually Oriented Businesses
Sexually Oriented Businesses must follow a set of regulations if they want to stay in business. Some of these requirements are federal, and others are state. Failure to follow these requirements will result in loss of the owner’s business license, as well as fines and criminal penalties. We will cover the state requirements in this article.
Sexually Oriented Businesses are required to:
- Place a sign by the sinks in every restroom that provides correct, direct information to the National Human Trafficking Resource Center
- Keep track of the number of people who enter the business
- Pay $10 per person who enters the business. This does not have to be charged to the customer, but is usually recovered via a “cover charge”.
- Turn away any person under the age of 18
Who Cannot Own a Sexually Oriented Business?
Certain groups of people are not eligible to own a sexually oriented business. If you currently own an SOB and become one of these groups, then you will not be allowed to retain your business license.
The following is a list of restrictions for sexually oriented businesses:
- The business may not be owned in part or in whole by a registered sex offender
- The business may not employ at any level a registered sex offender
- Allow any person under 18 to enter the premises
If, at any point, a business owner or employee is convicted of a sex offense and placed on the sex offender registry in any state, then the business must cut ties with that person or risk losing their license.
Additional Resources
Are You A Victim Of Human Trafficking? Flyer – The Texas Attorney General’s website provides the National Human Trafficking Resource Center sign that must be posted in the business owner’s restrooms.
Texas Title 5 Chapter 102 Sexually Oriented Businesses – The Texas Statutes’ website defines “sexually oriented business” and its stipulations.
Hire a Travis County Sexually Oriented Business Lawyer
The Law Office of Kevin Bennett provides quality legal representation to individuals facing DWI charges in Sunset Valley, Austin, Travis County, Rollingwood, Pflugerville, Lago Vista, Lakeway and the surrounding areas.
Call (512) 476-4626 so that Kevin Bennett can begin developing your defense strategy as soon as possible.
