[R.O. 2006 §405.635; Ord. No. 1002 §1, 12-19-2005]
Adult businesses are permitted in only districts zoned industrial
by special use permit subject to the following conditions and in no
other areas.
[R.O. 2006 §405.640; Ord. No. 1002 §2, 12-19-2005; Ord. No. 1060, 4-21-2008]
For the purposes of this Article, and unless the context plainly
requires otherwise, the following definitions are adopted:
ADULT BUSINESS
Any business:
1.
That has as one (1) of its significant business purposes:
a.
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
b.
The providing of services that are intended to provide sexual
stimulation or gratification or that allow observation of specified
sexual activities or specified anatomical areas or allow participation
in specified sexual activities.
2.
The definition of "adult business" also includes,
but is not limited to:
a.
Businesses that provide entertainment including, but not limited
to:
(1)
"Adult entertainment business" meaning any
business to which the public, patrons or members are invited or admitted
and where "adult entertainment" is provided.
(2)
The definition of "adult entertainment business" includes, but is not limited to, an establishment with a screen
or projection areas, where a significant portion of its business is
the exhibition to patrons of films, videotapes or motion pictures,
where materials are displayed or live performances occur which are
intended to provide sexual stimulation or sexual gratification to
the patrons or which are distinguished by or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas and establishments where a significant
portion of the business is the application of paint or other substance
to or on the human body by any means of application, technique or
process when the subject's body displays for the patron's view specified
anatomical areas.
(3)
An adult business shall also include an adult bookstore and
said term is defined as a building or part of a building used for
the barter, rental or sale of a significant portion of items consisting
of instruments, devices, paraphernalia, printed materials, pictures,
slides, records, audio tape, video tape, motion picture film, CD ROMs
or other digital recordings or any other form of recording, if such
items are distinguished or characterized by an emphasis on the depiction
or description of "specified sexual activities" or "specified anatomical
areas". The term "significant portion of items" shall
mean more than ten percent (10%) of the usable floor area or more
than one hundred (100) square feet of floor area is used for the display,
barter, rental or sale of such items. No obscene work shall be allowed.
b.
Businesses that provide services including, but not limited
to:
(1)
"Bathhouse" meaning an enterprise where a significant
portion of its business is offering baths and/or showers with other
persons present who are nude or displaying specified anatomical areas.
(2)
"Adult motel" meaning an enterprise where a
significant portion of the business is offering public accommodations
for the purpose of viewing closed-circuit television transmissions,
films, movies, motion pictures, video cassettes, video tapes, slides
or other photographic reproductions which are distinguished or characterized
by an emphasis on the depiction or description of specified sexual
activities or specified anatomical areas and which rents room accommodations
for less than six (6) hours at a time.
(3)
The term "adult business" does not include
a properly licensed and operating business located in an area other
than a residential area which hosts, stages or otherwise offers "Chippendale"
evenings or other similar events (including, but not limited to, the
female equivalency of Chippendales) provided such events, in the aggregate,
occur no more often than once per quarter of any calendar year.
ADULT ENTERTAINMENT
Any exhibition, performance, display or dance of any type
including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing
or any service offered for amusement on a premises:
1.
Where such exhibition, performance, display or dance is intended
to arouse or excite the sexual desires of the entertainer, other entertainers
or patrons, or
2.
If the entertainment involves a person who is nude or in such
attire, costume or clothing as to expose specified anatomical areas
to view, even if completely and opaquely covered.
EMPLOYEE
Any and all persons including, but not limited to, managers,
entertainers, servers and independent contractors who work in or at
or render any services related to the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult
business, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
MINOR
Any person less than eighteen (18) years of age.
OPERATE
To own, conduct or maintain the affairs of an adult business.
PATRON
Any person who enters an adult business without regard to
whether a purchase is made from the adult business or compensation
is paid to the adult business or any employee of the adult business
for merchandise, entertainment or service.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, governmental entity
or other entity or group of persons, however organized.
SERVER
Any person, other than an entertainer, who serves food or
drink at an adult business.
SIGNIFICANT PORTION OR SIGNIFICANT PURPOSE
1.
Twenty-five percent (25%) or more of the sales or gross receipts
measured in dollars over any consecutive ninety (90) day period derived
from such items or use;
2.
Twenty-five percent (25%) or more of the number of sales transactions
measured over any consecutive ninety (90) day period of such items
or use;
3.
Twenty-five percent (25%) or more of the dollar value of all
merchandise displayed at any time attributable to such items;
4.
Twenty-five percent (25%) or more of all inventory consisting
of such items at any time;
5.
Ten percent (10%) or more of the floor area of the business
(not including storerooms, stock areas, bathrooms, basements or any
portion of the business not open to the public) devoted to such use
or items at any time.
SPECIFIED ANATOMICAL AREAS
1.
Uncovered or exposed human genitals, pubic region or pubic hair,
buttocks, female breast or breasts below a point immediately above
the top of the areola encircling the nipple, or any combination of
the foregoing; or
2.
Human male genitals exposed or in a discernibly erect state
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, including actual or simulated acts of human
masturbation; sexual intercourse; or physical contact in an act of
apparent sexual stimulation or gratification or seeking to arouse
the patron's sexual desires; or any sadomasochistic abuse or acts
involving animals or any latent objects or artificial device or inanimate
objects in an act of apparent sexual stimulation or gratification
or seeking to arouse the patron's sexual desires.
[R.O. 2006 §405.650; Ord. No. 1002 §2, 12-19-2005]
A. It
shall be unlawful for any person to:
1. Operate or maintain an adult business in the City unless the owner
thereof has obtained an adult business license from the City, or
2. Operate such business after such license has been revoked or suspended.
B. It
is unlawful for any employee or owner to knowingly perform any work,
service or entertainment related to the operation of an unlicensed
adult business.
C. The
failure to post an adult business license in the required manner shall
be prima facie evidence that an adult business has not obtained its
license. In addition, it shall be prima facie evidence that any employee
or owner who performs any business, service or entertainment in an
adult business in which an adult business license is not posted as
required had knowledge that such business is not licensed.
[R.O. 2006 §405.660; Ord. No. 1002 §2, 12-19-2005]
A. It
is unlawful for any person to:
1. Work as an entertainer or manager without first obtaining a license
to do so from the City, or
2. Work as an entertainer or manager at an adult business after such
person's license to do so has been revoked or suspended.
[R.O. 2006 §405.670; Ord. No. 1002 §2, 12-19-2005]
A. All
licenses shall be issued for a specific location and shall be non-transferable
and license fees shall be non-refundable.
B. All
adult business licenses shall be issued only for the one (1) adult
business use listed on the application. Any change in the type of
adult business use shall invalidate the adult business license and
require the licensee to obtain a new license for the change in use.
A separate license is required for each adult use.
C. The
license year for all fees required herein shall be from each January
first (1st) through December thirty-first (31st). The application
for the license shall be accompanied by payment in full of the fee
by certified or cashier's check or money order and no application
shall be considered complete until such fee is paid.
D. The
classification of licenses and fees for each shall be as follows:
1. Adult business license fee is five hundred fifty dollars ($550.00)
per year;
2. Manager's license fee is fifty dollars ($50.00) per year;
3. Entertainer's license fee is thirty-five dollars ($35.00) per year.
[R.O. 2006 §405.680; Ord. No. 1002 §2, 12-19-2005]
A. Adult Business License. All persons desiring to secure a
license to operate an adult business shall make a verified application
with the City Clerk which shall be submitted simultaneously with the
application for special use permit. All applications shall be submitted
in the name of the person(s) who owns the adult business. The application
shall be signed by the applicant. If the applicant is a corporation,
the application shall be signed by its President. If the applicant
is a partnership, the application shall be signed by a partner. In
all other instances where the owner is not an individual, where applicable,
the application shall be signed by an authorized representative of
the owner. The City Clerk may require proof of authorization before
accepting an application. All applications shall be submitted on a
form supplied by the City Clerk and shall require all of the following
information:
1. The name, residence address, home telephone number, occupation, date,
place of birth and Social Security number of the applicant.
2. The tax identification number and registered agent if the owner is
not an individual.
3. The name of the adult business, a description of the type of adult
business to be performed on the licensed premises and the name of
the owner of the premises where the adult business will be located.
4. The names, residence addresses, Social Security numbers and dates
of births of all partners, if the applicant is a partnership or limited
liability partnership; and if the applicant is a corporation or limited
liability company, the same information for all officers and directors
and stockholders and members who own, directly or indirectly, a twenty-five
percent (25%) or more interest in the entity; and if the owner is
another type of entity, the same information for all persons who own,
directly or indirectly, a twenty-five percent (25%) or more interest
in such entity.
5. A statement from the applicant as to whether the applicant or any
officer, manager, director, stockholder, partner, member or other
person who owns a twenty-five percent (25%) or more interest, directly
or indirectly, in such entity has had an adult business license of
any type revoked or suspended and, if so, the reason for the suspension
or revocation and the business activity subjected to the suspension
or revocation.
6. A statement from the applicant, each partner, member, stockholder
and other owner and/or each manager, officer and director that each
such person has not been convicted of, or released from confinement
for conviction of, or diverted from prosecution on:
a. Any felony or misdemeanor within, whichever event is later, two (2)
years immediately preceding the application or five (5) years immediately
preceding the application where such felony or misdemeanor involved
sexual offenses, prostitution, indecent exposure, sexual abuse of
a child or pornography or related offenses, or controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Statutes or municipal ordinances; or
b. A municipal ordinance violation within two (2) years immediately
preceding the application where such municipal ordinance violation
involved sexual offenses, indecent exposure, prostitution or sale
of controlled substances or illegal narcotics.
7. On applications requesting a license to operate a bathhouse or body
painting studio, the applicant shall provide for each employee a health
certificate from a duly licensed Missouri physician stating that within
ninety (90) days prior thereto, the applicant and all other persons
working on the premises have been examined and found free of any contagious
or communicable disease as defined herein. This shall be a continuing
requirement. For each person who is employed, the above described
health certificate shall be submitted to the City Clerk within forty-eight
(48) hours of the time such person begins employment.
8. If the applicant is required to be registered with the State, a current
certificate of registration issued by the Missouri Secretary of State.
9. A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Article regulating adult businesses.
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Failure to provide the information and documentation required
herein shall constitute an incomplete application. The City Clerk
shall notify the applicant whether or not the application is complete
within fifteen (15) working days of the date the application is received
by the City Clerk.
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B. Manager Or Entertainer License. All persons desiring to
secure a license to be a manager or entertainer shall make a verified
application with the City Clerk. All applications shall be submitted
in the name of the person proposing to be a manager or entertainer.
All applications shall be submitted on a form supplied by the City
Clerk and shall require all of the following information:
1. The applicant's name, home address, home telephone number, date and
place of birth, Social Security number and any stage names or nicknames
used in entertaining.
2. The name and address of each adult business where the applicant intends
to work as a manager or entertainer.
3. The statement from the applicant that the applicant has not been
convicted of, or released from confinement for conviction of, or diverted
from prosecution on:
a. Any felony or misdemeanor within, whichever event is later, two (2)
years immediately preceding the application or five (5) years immediately
preceding the application where such felony or misdemeanor involved
sexual offenses, prostitution, indecent exposure, sexual abuse of
a child or pornography and related offenses, or controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Statutes or municipal ordinances, or
b. A municipal ordinance violation within two (2) years immediately
preceding the application where such municipal ordinance violation
involved sexual offenses, indecent exposure, prostitution or sale
of controlled substances or illegal drugs or narcotics.
4. The applicant shall present to the City Clerk, who shall copy, documentation
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted.
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Failure to provide the information required herein shall constitute
an incomplete application. The City Clerk shall notify the applicant
whether or not the application is complete within fifteen (15) working
days of the date the application was received by the City Clerk.
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C. Application Processing. Upon receipt of a completed application
for an adult business, manager or entertainer license, the City Clerk
shall immediately transmit one (1) copy of the application to the
Chief of Police for investigation of the applicant and application.
In addition, the City Clerk shall transmit a copy of the application
to the Building Inspector. The Chief of Police shall report the results
of the investigation to the City Clerk not later than fifteen (15)
working days from the date the application is forwarded to the Chief
of Police. The Building Inspector and the Fire Inspector shall inspect
the structure where the adult business will be conducted for compliance
with the requirements and standards of the applicable health, zoning,
building code, fire and property maintenance ordinances of the City.
The Building Inspector and the Fire Inspector shall report the results
of their investigation to the City Clerk not later than fifteen (15)
working days from the date the application is forwarded to such party.
Upon receipt of the reports from the Chief of Police, the Building
Inspector and the Fire Inspector, the City Clerk shall schedule the
application for consideration by the Governing Body at the earliest
meeting consistent with the notification requirements established
by law, provided the license application for manager or entertainer
license shall be approved or disapproved within sixty (60) days from
the date the completed application is received by the City Clerk.
The applicant shall be notified in writing of the date when the Governing
Body will consider the application and shall be afforded an opportunity
to be heard at that meeting.
[R.O. 2006 §405.690; Ord. No. 1002 §2, 12-19-2005]
A. The
Board of Aldermen shall examine an application for an adult business
license or a manager or entertainer license and shall approve the
issuance of a license only if the appropriate license fee has been
paid, applicant is qualified and all the applicable requirements set
forth herein are met. No license shall be approved for any person
ineligible pursuant to the provisions herein. All incomplete applications
shall be denied.
B. The
record of the Board of Aldermen shall show the action taken on the
application, and if the license is granted, the Governing Body shall
direct the City Clerk to issue the proper license. The adult business
license and all manager and entertainer licenses shall state that
it is not transferable to other persons or entities and the calendar
year for which it is issued.
C. If
an application for a license is disapproved, the applicant shall be
immediately notified by registered or certified mail to the applicant's
last known address, and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in the Cooper County
District Court in a manner provided by law.
[R.O. 2006 §405.700; Ord. No. 1002 §2, 12-19-2005]
A. No
person is eligible nor shall a license be issued to:
1. An applicant for an adult business license if one (1) or more of
the following conditions exist:
a. A special use permit for the adult business has not been issued or
has been revoked or suspended;
b. The owner or applicant or any business owned, directly or indirectly,
in whole or in part by applicant or owner is in violation of any ordinance
of the City;
c. The applicant knowingly failed to supply all of the information requested
on the application;
d. The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
e. The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth herein during
the time period set forth herein;
f. The applicant has had an adult business license or comparable license
revoked or suspended in this or any other City during the past five
(5) years; or
g. If the applicant is applying for a license to operate a bathhouse
or body painting studio and applicant has not produced a health certificate
as required herein for all persons working on the premises.
2. An applicant for a manager or entertainer license if one (1) or more
of the following conditions exist:
a. The adult business where the manager or entertainer will perform
services does not have an adult business license;
b. The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth herein during
the time period set forth herein;
c. The applicant knowingly failed to provide all of the information
required on the application;
d. The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
e. The applicant has had a manager or entertainer license revoked or
suspended in this or any other City during the past five (5) years;
or
f. The applicant is applying for a license for a manager or entertainer
in a bath house or body painting studio and has not produced a health
certificate as required herein.
[R.O. 2006 §405.710; Ord. No. 1002 §2, 12-19-2005]
A. The
following standards of conduct shall be adhered to by all adult businesses,
their employees and all patrons of adult businesses while on or about
the premises of the business.
1. Identification cards. Any and all managers and entertainers
shall, at all times when working in an adult business, have in their
possession a valid identification card issued by the City bearing
the permit number, the employee's physical description and a photograph
of such employee, such identification cards shall be laminated to
prevent alteration.
2. Age restriction. Only persons eighteen (18) years
of age or older shall be permitted in the premises of any adult entertainment
business.
3. Exterior observation. The premises of all adult
businesses will be so constructed as to insure that the interior of
the premises is not observable from the exterior of the building.
In addition, all windows will be covered to prevent viewing of the
interior of the building from the outside and all doorways not constructed
with an anteroom or foyer will be covered so as to prevent observation
of the interior of the premises from the exterior of the building.
4. Exterior display. No adult business will be conducted
in any manner that permits the observation of live performers engaged
in any adult entertainment including, but not limited to, an erotic
depiction or dance or any material or persons depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any exterior source by display, decoration, sign, show
window or other opening.
5. Nudity prohibited. No manager, employee or patron
in an adult business, other than a licensed bathhouse or an entertainer
in a licensed adult business which business does not hold a liquor
license during a performance provided such entertainer is at least
six (6) feet from any and all patrons and is on a stage raised at
least eighteen (18) inches above the immediate floor level, shall
appear nude, unclothed, in less than opaque attire or in any fashion
that exposes to view any specified anatomical area.
6. Certain acts prohibited.
a. No employee, patron or any other persons shall perform any specified
sexual activities, wear or use any device or covering exposed to view
which simulates any specified anatomical area, use artificial devices
or inanimate objects to perform or depict any of the specified sexual
activities or participate in any act of prostitution as prohibited
by State law or municipal ordinance while on the premises of an adult
business.
b. No employee, patron or any other person while on the premises of
an adult business shall knowingly touch, fondle or caress any specified
anatomical area of another person or simulate such action or knowingly
permit another person to touch, fondle or caress any specified anatomical
area of such employee, patron or other person or simulate such action,
whether such specified anatomical areas are clothed, unclothed, covered
or exposed.
c. No employee of an adult business shall be visible from the exterior
of the adult business while such person is nude or unclothed or in
such attire, costume or clothing as to expose to view any specified
anatomical area.
d. No entertainer shall solicit, demand or receive any payment or gratuity
from any patron or any other person for any act prohibited and no
entertainer shall receive any payment or gratuity from any patron
for any entertainment except as follows:
(1)
While such entertainer is on the stage, a patron may place such
payment or gratuity into a box affixed to the stage; or
(2)
While such entertainer is not on the stage but while on the
premises of an adult business and is clothed so as to not expose to
view any specified anatomical area, a patron may either place such
payment or gratuity into the entertainer's hand or under a leg garter
worn by such entertainer at least four (4) inches below the bottom
of the pubic region.
e. No owner, manager or other person in charge of the premises of an
adult business shall:
(1)
Permit alcoholic liquor or cereal malt beverages to be unlawfully
brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or illegal drug or narcotic
on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen
(18) to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises as prohibited by State law or municipal
ordinance; or
(5)
Knowingly allow or permit a violation of this Article or any
other City ordinance provision or State law.
7. Signs required. All adult entertainment businesses
that provide live entertainment shall conspicuously display in the
common area at the principal entrance to the premises a sign, on which
uppercase letters shall be at least two (2) inches high and lowercase
letters at least one (1) inch high, which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF TROY
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breast, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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Not permitted to be nude, unclothed, or in less than opaque
attire, customer or clothing so as to expose to view any portion of
the breasts below the top of the areola or any portion of the pubic
region, buttocks and/or genitals unless in an adult entertainment
business which does not hold a liquor license and separated at least
six (6) feet from the nearest customer and upon a stage at least eighteen
(18) inches above the immediate floor level.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or while such entertainer
is not on the stage, by either placing such payment or gratuity into
the entertainer's hand or under the entertainer's leg garter.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, entertainer or patron
or engage in solicitation for prostitution.
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8. Lighting required. The premises of all adult businesses
shall be equipped with overhead lighting of every place to which customers
are permitted access at an illumination of not less than one (1) foot-candle
as measured at the floor level, and such illumination must be maintained
at all times that any customer or patron is present in or on the premises.
9. Closed booths or rooms prohibited. The premises
of all adult businesses shall be physically arranged in such manner
that the entire interior portion of any booths, cubicles, rooms or
stalls is visible from a common area of the premises. Visibility shall
not be blocked or obscured by doors, curtains, drapes or any other
obstruction whatsoever.
10. Ventilation and sanitation requirements. The premises
of all adult businesses shall be kept in a sanitary condition. Except
as otherwise provided herein, separate dressing rooms and restrooms
for men and women shall at all times be maintained and kept in a sanitary
condition.
11. Hours of operation. No adult business may be open
or in use between the hours of 2:00 A.M. and 9:00 A.M. on any day
other than a Sunday when the business may not be open between the
hours of 2:00 A.M. and 12:00 Noon.
12. Facilities necessary. No adult business license
to conduct a bathhouse or body painting studio shall be issued unless
an inspection by the Building Inspector or his/her authorized representative
reveals that the premises on which the applicant intends to conduct
such business complies with each of the following minimum requirements:
a. The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given or showers
taken. Floors shall be free from any accumulation of dust, dirt or
refuse. All equipment used in the business operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal
use of patrons shall be clean and freshly laundered. Towels, cloths
and sheets shall not be used for more than one (1) patron. Heavy white
paper may be substituted for sheets, provided that such paper is changed
for every patron. No activity related to an adult business shall be
carried on within any cubicle, room, booth or any area within any
permitted establishment which is fitted with a door capable of being
locked.
b. Toilet facilities shall be provided in convenient locations. A single
water closet per sex shall be provided for each twenty (20) or more
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for water closets after one (1) water closet
has been provided. Toilets shall be designated as to the sex accommodated
therein.
c. Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
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The Health Inspector shall certify that the proposed business
establishment complies with all of the requirements of this Section
and shall give or send such certification to the City Clerk. Provided
however, that nothing contained herein shall be construed to eliminate
other requirements of Statute or ordinance concerning the maintenance
of premises nor to preclude authorized inspection thereof. The appropriate
City Official may recommend the issuance of a license contingent upon
the compliance with any requirements in this Section.
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[R.O. 2006 §405.720; Ord. No. 1002 §2, 12-19-2005]
A. Every
person licensed as an adult business shall post such license in a
conspicuous place and manner on the adult business premises.
B. Every
person holding a manager or entertainer license shall post his or
her license in his or her work area on the adult business premises
so it shall be readily available for inspection by City authorities
responsible for enforcement of this Article.
[R.O. 2006 §405.730; Ord. No. 1002 §2, 12-19-2005]
A. A manager
shall be on duty at all adult businesses at all times the premises
are open for business. The name of the manager on duty shall be prominently
posted during business hours.
B. It
shall be the responsibility of the manager to verify that any person
who provides adult entertainment within the premises possesses a current
and valid entertainer's license and that such licenses are prominently
posted. It shall also be the responsibility of the manager to insure
minors do not enter upon the premises of an adult entertainment business.
[R.O. 2006 §405.740; Ord. No. 1002 §2, 12-19-2005]
All adult businesses shall permit representatives of the Police
Department or any other City Official acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
[R.O. 2006 §405.750; Ord. No. 1002 §2, 12-19-2005]
A. Whenever
the City Clerk has information that:
1. The owner of an adult business or a holder of a manager or entertainer
license has violated, or knowingly allowed or permitted the violation
of, any of the provisions of this Article or any other ordinance of
the Code of General Ordinances; or
2. There have been recurrent violations of provisions of this Article
that have occurred under such circumstances that the owner of an adult
business knew or should have known that such violations were committed;
or
3. The adult business license or the manager or entertainer license
was knowingly obtained through false statements in the application
for such license or renewal thereof; or
4. The adult business licensee or the manager or entertainer licensee
knowingly failed to make a complete disclosure of all information
in the application for such license or renewal thereof; or
5. The owner or any partner, member, manager, stockholder or other person
owning an interest in the adult business or any officer or director
holding an adult business license has become disqualified from having
a license by a conviction as provided herein; or
6. If the holder of a manager or entertainer license has become disqualified
from having a license by a conviction as provided herein; or
7. The adult business for which the license of the manager or entertainer
is issued has been suspended or revoked, then the City Clerk shall
make this information known to the Governing Body which, upon five
(5) day's written notice to the person holding the license, shall
conduct a public hearing to determine whether the license should be
suspended or revoked. The Governing Body may pass a resolution setting
forth the procedures for the conduct of such hearings. Based on the
evidence produced at the hearing, the Governing Body may take any
of the following actions:
a. Suspend the license for up to ninety (90) days;
b. Revoke the license for the remainder of the license year;
c. Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of the Article occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, the license will be revoked for the remainder of
the license year; or
[R.O. 2006 §405.760; Ord. No. 1002 §2, 12-19-2005]
A. A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on December
thirty-first (31st) of each calendar year and renewal applications
for such licenses shall be submitted between December sixteenth (16th)
and December thirty-first (31st).
B. Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Article shall be renewed by issuance
of a new license in the manner provided herein.
C. If
the application for renewal of a license is not made during the time
provided herein, the expiration of such license shall not be affected
and a new application shall be required.
[R.O. 2006 §405.770; Ord. No. 1002 §2, 12-19-2005]
It shall be unlawful for any person to violate any of the provisions
of this Article. Upon conviction thereof, such person shall be fined
not less than twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00) or be punished by incarceration for up to six (6)
months, or by both such fine and incarceration. Each day's violation
of, or failure, refusal or neglect to comply with, any provision of
this Article shall constitute a separate and distinct offense.
[R.O. 2006 §405.780; Ord. No. 1002 §2, 12-19-2005]
The City Clerk shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Article.