(1) “Sexually Oriented Commercial Enterprise” means a massage parlor, nude studio, modeling studio, love parlor, escort service and any other similar commercial enterprise whose major business is the offering of a service which is intended to provide sexual stimulations or sexual gratification to the customer.
(a) It shall be unlawful for any person to own or operate a Sexually Oriented Commercial Enterprise at a location in the parts of the county outside the corporate limits of a city without a valid permit issued therefor by the Sheriff in accordance with the provisions of these regulations.
“in violation of the laws and Constitutions of the State of Texas and the United States, in that, it is unconstitutionally vague, unreasonable, overbroad, and does not apprise a citizen of what conduct is proscribed in that the terms “own”, “operate” and “major business” found within the order are not defined and therefore do not convey a sufficiently definite warning as to what conduct is proscribed, or whose conduct is to be regulated.”
In a facial challenge to the overbreadth and vagueness of a law, a court's first task is to determine whether the enactment reaches a substantial amount of constitutionally protected conduct. If it does not, then the overbreadth challenge must fail. The court should then examine the facial vagueness challenge and, assuming the enactment implicates no constitutionally protected conduct, should uphold the challenge only if the enactment is impermissibly vague in all of its applications.
*799 By including the phrase “major business,” the county commissioners have excluded businesses whose activities might incidentally cause sexual stimulation. Certainly no one would contend that the major business of an art school or dance studio was the provision of services intended for sexual gratification. Additional definiteness is provided by the fact that the section specifically list three types of regulated businesses—massage parlors—and applies the definition to “any other similar commercial enterprise.” We find that this definition is sufficiently clear and provides adequate warning of the proscribed conduct.
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