Sexually Oriented Businesses
Owning a business can be a profitable way to make a living, but there are instances where the type of business must be regulated. For example, sexually-oriented businesses (SOBs) in Texas are held to certain standards. Per state law, every company must adhere to certain regulations such as maintaining a three-foot distance from a customer.
If you are planning to open a sexually oriented business (SOB), such as a strip club, you should be aware of alcohol restrictions, zoning laws, and other regulations unique to SOBs. If you have been arrested for violating a rule, allow The Law Office of Jackson F. Gorski to protect your rights and fight for your business.
Austin Sexually Oriented Business Attorney, TX
Violating a sexually oriented business law is illegal in Texas. Unfortunately, the crime can result in time spent behind bars and stiff fines. If you are under investigation for violating an SOB law, contact The Law Office of Jackson F. Gorski. Austin defense attorney Jackson Gorski is familiar with the details of Texas’ laws surrounding sex crimes and can help you fight these allegations.
The Law Office of Jackson F. Gorski represents business owners arrested in Travis County, including in Austin, Lakeway and Rollingwood. Do not tackle this legal challenge alone. Call 512-960-4646 to set up your first initial consultation today.
Information Center
- Sexually Oriented Businesses in Texas
- Requirements for Sexually Oriented Businesses
- Who Can’t Own A Sexually Oriented Business in TX
- Sexually Oriented Business Fees
- Additional Resources
Sexually Oriented Businesses in Texas
A sexually oriented business is frequently abbreviated as SOB. According to Texas Penal Code §102.051(2), an SOB is an entertainment establishment, such as a bar, restaurant, or similar commercial enterprise, providing live nude performances and alcohol. Texas law defines “nude” as being completely naked or clothed in transparent materials revealing a woman’s areolas and butt or a man’s genitals and butt.
Violating SOB laws is a Class A misdemeanor. It may result in a fine of up to $4,000 and a jail term of up to one year if a jury finds the individual guilty.
Requirements for Sexually Oriented Businesses
As a sexually oriented business, there are requirements an individual must follow. There are federal and Texas guidelines. Failure to adhere to these guidelines can result in the termination or suspension of the individual’s business license or other penalties, including criminal charges. Below, we provide significant policies the individual is to follow to be in good standing and compliance with the law.
As a sexually oriented business, the individual must post a particular sign by the sinks in every restroom of the individual’s establishment. This sign must be 11″ x 17″ and must provide the contact information to the National Human Trafficking Resource Center. What’s more, this sign must explicitly direct human trafficking survivors to contact this center.
Aside from this sign, the individual must require patrons to show proof of age.
Who Can’t Own A Sexually Oriented Business in TX
Not everyone can own a sexually oriented establishment. Current sex offender registrants, regardless of the state the individual registers in, cannot own an SOB. Sex offenders may not work in any capacity at an SOB. Therefore, sex offenders cannot serve as the SOB’s director, officer, operator, manager, or employee. Likewise, once the individual becomes aware that a potential employee or current employee is a sex offender, the individual must terminate that person or risk losing the individual’s license.
Sexually Oriented Business Fees
The state imposes a fee specific to sexually oriented businesses that is equal to $5 per patron. However, do not read this to mean that the individual must charge patrons a $5 entrance fee. Rather, the individual has full discretion to decide how to come about this fee. For example, the individual has the choice to derive this fee from services rendered, entrance, special events, exclusive products, etc.
How the individual comes about securing this fee to pay the state is up to them. The individual must keep a daily record of the number of patrons the individual receives. An audit will review this record, but this record is also helpful to the individual so that the individual knows how much they need to pay the state.
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.
Travis County Sexually Oriented Business Lawyer, TX
If you have been arrested for violating a sexually oriented business law, you need to speak with an experienced Austin sexually oriented business attorney who understands the Texas criminal justice system. Jackson Gorski at The Law Office of Jackson F. Gorski is an experienced sex crime defense attorney in Austin committed to representing business owners, patrons, and adult entertainers facing criminal charges. He can provide effective representation.
The Law Office of Jackson F. Gorski serves clients in Anderson Mill, Georgetown, Lockhart, Jollyville, Round Rock, Kyle, Lakeway, Cedar Park, Taylor, Canyon Lake, and Seguin, TX. Call 512-960-4646 to learn how Mr. Gorski can protect your rights during a free consultation.
