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Milam County, Texas–In the advertising business, sex sells.

In the case of Milam County Commissioners Court business, the hint of sexually oriented businesses caused a rapid development of regulations governing such businesses.

The subject of ‘Sexually Oriented Businesses’ (SOBs) and their regulation in Milam County was first introduced to the commissioners court by Milam County Judge Frank Summers on July 14.

At Monday’s meeting, the commissioners court without discussion voted unanimously to adopt the 41 pages of “Regulations Covering Sexually Oriented Businesses in Milam County, Texas.”

The only person who discussed SOBs at the meeting was Reverend Luther Shelander, Pastor of the Mt. Zion Baptist Church in Rockdale. Shelander talked during the public participation period. He said that he was against SOBs and that these types of businesses found it easy to expand into smaller communities, especially those without regulations.

He listed several crime and health problems associated with SOBs. But the two overarching negatives were that “there are no added or meaningful values to the community” provided by SOBs and they morally damage the community.

Shelander ended his comments by saying that he “prays that the commissioners court takes meaningful action in the regulations.”

The State of Texas granted counties the authority to regulate SOBs in 1987 because the legislature found “that the unrestricted operation of certain sexually oriented businesses may be detrimental to the public health, safety, and welfare by contributing to the decline of residential and business neighborhoods and the growth of criminal activity.”

So, what is a sexually oriented business? The Milam County regulations defines a SOB as “a commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer. This definition includes but is not limited to: sex parlors, nude studios, modeling studios, love parlors, adult bookstores, adult movie theaters, adult video arcades, adult video stores, adult motels, adult cabarets, escort agencies, and sexual encounter centers.” Each of these establishments is defined in the regulations.

In Milam County, however, the following SOBs are prohibited: sexually oriented or nude modeling studios; escort agencies; escorts; sexual encounter centers; and any SOB whose employees appear in a state of nudity.

Highlights of the Milam County regulations are:

  • The regulations cover only those parts of the county outside municipality corporate limits.
  • A SOB permit is required.
  • The Milam County Sheriff will be responsible for receiving applications, requiring non-refundable $1,000 application fees, issuing permits, and certifying that SOBs are in compliance with the regulations.
  • Location requirements specify that SOBs must be at least 1,000 feet from certain properties including schools, churches, hospitals, public parks and buildings, and other SOBs.
  • Outdoor signs stating that a SOB is planned must be posted at the proposed location one month before the application is filed.
  • Public hearings concerning SOB applications can be requested.
  • The Milam County Sheriff has the authority to revoke or suspend SOB permits if one of the events or conditions listed in the regulations occurs.
  • The SOB has to maintain records of all employees and independent contractors.
  • The Milam County Sheriff will be responsible for accepting SOB permit renewal applications which must be accompanied by $500 non-refundable renewal fees.
  • The Milam County Sheriff is authorized to make reasonable, periodic inspections of the SOB premises at any time the SOB is open or occupied.
  • Operating requirements include: all employees must be at least 18 years of age; no sexual activities can be engaged in at the SOB; cannot be open between midnight and 7 a.m. Monday through Saturday; cannot be open between 1 a.m. and noon on Sunday; tips cannot be placed upon the body or into clothing; and there can be no private roomsSummers stated that Assistant County Attorney Dan Cervenka had constructed the regulations. Although Summers said at the July 14 meeting that the public would have an opportunity to review the proposed regulations prior to action, no public hearings were held.

    Summers’ concluding statement was that the regulations are a “good start.”

    Precinct 3 Commissioner Dale Jaecks’ motion to adopt the regulations was approved by a unanimous vote.

    SOBs are also attracting more attention from the State of Texas. In April of this year, Texas Attorney General Greg Abbott called for stricter SOB laws during a special hearing with state legislators as reported by The Dallas Morning News.

    Abbott proposed that the state laws governing SOBs should be broadened. His specific proposals included a new law that mandates that employment of a minor by a SOB is a 2nd degree felony; at present, it is a misdemeanor penalty.

    The progressive nature of the Milam County regulations was evidenced by the fact that Abbott proposed SOBs be required to keep identification records - a operating requirement already part of the Milam County regulations.

    Another example of the progressive nature of Milam County SOB regulations is that the Dallas City Council enacted new SOB regulations in April that prohibit the operation of closed-door VIP rooms, similar regulations are already in place in Milam County.

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