[Ord. No. 691 §1(226.010), 10-20-1993; Ord. No. 1514 §3, 11-28-2006; Ord. No. 1825 §2, 5-25-2016]
For the purposes of this Chapter, the following words and phrases
shall mean:
An establishment having as its stock in trade for sale, rent,
lease, inspection or viewing books, films, video cassettes, magazines
or other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined below and
in conjunction therewith have facilities for the presentation of adult
entertainment, as defined below, including adult-oriented films, movies
or live performances for observation.
A cabaret which features topless dancers, strippers, male
or female impersonators or similar entertainers.
Any exhibition of any motion pictures, live performance,
display or dance of any type which has as its dominant theme, or is
distinguished or characterized by an emphasis on, any actual or simulated
specified sexual activities or specified anatomical areas as defined
below of the removal of articles of clothing or appearing partially
or totally nude.
Any building, structure or facility which contains or is used
entirely or partially for commercial entertainment, including theaters
used for presenting live presentations, video tapes or films predominantly
distinguished or characterized by their principal emphasis on matters
depicting, describing or relating to specified sexual activities,
as said term is defined herein, and exotic dance facilities (regardless
of whether the theater or facility provides a live presentation, videotape
or film presentation), where the patrons either:
Engage in personal contact with or allow personal contact by
employees, devices or equipment by personnel provided by the establishment
which appeals to the prurient interest of the patrons; or
Observe any live presentation, videotape or film presentation
of persons wholly or partially nude with their genitals or pubic region
exposed or covered only with transparent or opaque covering or, in
the case of female persons, with the areola and nipple of the breast
exposed or covered only with transparent or opaque covering or to
observe specified sexual activities as said term is defined herein.
An enclosed building with a capacity of less than fifty (50)
persons used for presenting material having as its dominant theme,
or distinguished or characterized by an emphasis on, matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined below, for observation by patrons therein.
An enclosed building with a capacity of fifty (50) or more
persons used for presenting material having as its dominant theme,
or distinguished or characterized by an emphasis on, matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined below, for observation by patrons therein.
Includes, but is not limited to, "adult bookstores," "adult
motion picture theaters," "adult mini-motion picture establishments,"
"adult cabarets," "bathhouses," "massage shops" or "nude modeling
studios" and further means any premises to which public patrons or
members are invited or admitted for the purposes of viewing adult-oriented
motion pictures wherein an entertainer provides adult entertainment
to a member of the public, a patron or a member, whether or not such
adult entertainment is held, conducted, operated or maintained for
a profit, direct or indirect. In no event shall this definition include
tattoo parlors, body piercing facility or cosmetic tattooing and body
piercing establishment as defined by the City of Platte City Zoning
Code.
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
The Board of Aldermen for the City of Platte City, Missouri.
Any person who renders any service in connection with an
adult-oriented establishment or who received compensation from the
operator of such establishment or patron thereof.
Any person to whom a license has been issued to own or operate
any establishment provided for under the provisions of this Chapter.
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing or otherwise; to be included
within this definition is the occupation or practice for any compensation
whatsoever of offering one's body, wholly or partially in the
nude, for the purpose of having designs of whatever nature applied
thereto by whatever process or technique with any kind of substance
whether it be transparent or non-transparent. This does not mean public
or private schools wherever persons are enrolled in a class.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
Any person who receives the benefit of the services of any
establishment or occupation provided for in this Chapter under such
circumstances that he/she will pay money or give any other consideration
therefore.
Any individual, partnership, firm, association, joint stock
company, corporation or combination of individuals of whatever form
or character.
Any school or institution recognized by the American Massage
and Therapy Association, Inc., which has for its purpose the teaching
of the theory, method, profession or work of massage, which school
requires a resident course of study not less than seventy (70) hours
before the student shall be furnished with a diploma or certificate
of graduation from such school or institution of learning following
the successful completion of such course of study or learning.
Any simulated or actual:
[Ord. No. 691 §1(226.020), 10-20-1993]
A.
Except as provided in Subsection (D) below, from and after the effective date of this Chapter, no adult-oriented establishments shall be operated or maintained in the City of Platte City without first obtaining a license to operate issued by the City of Platte City.
B.
A license
may be issued only for one (1) adult-oriented establishment located
at a fixed and certain place. Any person, partnership or corporation
which desires to operate more than one (1) adult-oriented establishment
must have a license for each.
C.
No
license or interest in a license may be transferred to any person,
partnership or corporation.
D.
All
adult-oriented establishments existing at the time of the passage
of this Chapter must submit an application for a license within ninety
(90) days of the passage of this Chapter. If an application is not
received within said ninety (90) day period, then such existing adult-oriented
establishment shall cease operations.
[Ord. No. 691 §1(226.030), 10-20-1993]
A.
Any
person desiring to secure a license shall make application to the
City Clerk. The application shall be filed in triplicate with and
dated by the City Clerk. A copy of the application shall be distributed
promptly by the City Clerk to the Platte City Police Department and
to the applicant.
B.
The
application for a license shall be upon a form provided by the City
Clerk. The application shall include the following information:
1.
Name and address of all partners or all officers and directors of
a corporate applicant.
2.
Written proof that the individual is at least eighteen (18) years
of age.
3.
The address of the adult-oriented establishment to be operated by
the applicant.
4.
If the applicant is a corporation, the application shall specify
the name of the corporation, the date and State of incorporation,
the name and address of the registered agent and the name and address
of all shareholders owning more than five percent (5%) of the stock
in said corporation and all officers and directors of the corporation.
C.
Within
twenty-one (21) days of receiving an application for a license, the
City Clerk shall notify the applicant whether the application is granted
or denied.
D.
Whenever
an application is denied, the City Clerk shall advise the applicant
in writing of the reasons for such action. If the applicant requests
a hearing within ten (10) days of receipt of notification of denial,
a public hearing shall be held within ten (10) days thereafter before
the Board as hereinafter provided.
E.
Failure
or refusal of the applicant to give any information relevant to the
investigation of the application or his/her refusal or failure to
appear at any reasonable time and place for examination under oath
regarding said application or his/her refusal to submit to or cooperate
with any investigation required by this Chapter shall constitute an
admission by the applicant that he/she is ineligible for such license
and shall be grounds for denial thereof by the City Clerk.
[Ord. No. 691 §1(226.040), 10-20-1993]
A.
To
receive a license to operate an adult-oriented establishment, an applicant
must meet the following standards.
2.
3.
If the applicant is a partnership, joint venture any other type of
organization where two (2) or more persons have a financial interest:
a.
All persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least eighteen (18)
years of age.
b.
No person having a financial interest in the partnership, joint venture
or other type of organization shall have been found to have violated
any provision of this Chapter within five (5) years immediately preceding
the date of the application.
4.
The applicant shall be of good character, honesty and integrity.
5.
In all other respects qualified to be licensed or found suitable
consistently with the declared policy of this Chapter.
[Ord. No. 691 §1(226.050), 10-20-1993]
A license fee of two hundred fifty dollars ($250.00) shall be
submitted with the application for a license. If the application is
denied, one-half (½) of the fee shall be returned.
[Ord. No. 691 §1(226.060), 10-20-1993]
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment.
[Ord. No. 691 §1(226.070), 10-20-1993]
A.
Every
license issued pursuant to this Chapter will terminate at the expiration
of one (1) year from the date of issuance, unless sooner revoked,
and must be renewed before operation is allowed in the following year.
Any operator desiring to renew a license shall make application to
the City Clerk. The application for renewal must be filed not later
than sixty (60) days before the license expires. The application for
renewal shall be filed in triplicate with and dated by the City Clerk.
A copy of the application for renewal shall be distributed promptly
by the City Clerk to the Platte City Police Department and to the
operator. The application for renewal shall be upon a form provided
by the City Clerk and shall contain such information and data, given
under oath or affirmation, as is required for an application for a
new license.
B.
A license
renewal fee of two hundred fifty dollars ($250.00) shall be submitted
with the application for renewal. In addition to the renewal fee,
a late penalty of one hundred dollars ($100.00) shall be assessed
against the applicant who files for a renewal less than sixty (60)
days before the license expires. If the application is denied, one-half
(½) collected shall be returned.
C.
If
the Platte City Police Department is aware of any information bearing
on the operator's qualifications, that information shall be filed
in writing with the City Clerk.
[Ord. No. 691 §1(226.080), 10-20-1993]
A.
The
Board of Aldermen shall revoke a license or permit for any of the
following reasons:
1.
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
2.
The operator or any employee of the operator violates any provision
of this Chapter or any rule or regulation adopted by the Board pursuant
to this Chapter; provided however, that in the case of a first (1st)
offense by an operator where the conduct was solely that of an employee,
the penalty shall not exceed a suspension of thirty (30) days if the
Board shall find that the operator had no actual or constructive knowledge
of such violation and could not by the exercise of due diligence have
had such actual or constructive knowledge.
3.
The operator becomes ineligible to obtain a license or permit.
4.
Any cost or fee required to be paid by this Chapter is not paid.
5.
Any intoxicating liquor or cereal malt beverage is served or consumed
on the premises of the adult-oriented establishment.
B.
The
Board, before revoking or suspending any license or permit, shall
give the operator at least ten (10) days' written notice of the charges
against him/her the opportunity for a public hearing before the Board
as hereinafter provided.
C.
The
transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
D.
Any
operator whose license is revoked shall not be eligible to receive
a license from one (1) year from the date of revocation. No location
or premises for which a license has been issued shall be used as an
adult-oriented establishment for six (6) months from the date of revocation
of the license.
[Ord. No. 691 §1(226.090), 10-20-1993]
A.
Any
adult-oriented establishment must comply with the following requirements:
1.
Access. All interior public areas of the adult-oriented
establishment shall be unobstructed by any door, lock or other control-type
device except for public restrooms in which all walls shall be solid
and without any openings other than an entrance. No occupant of same
shall engage in any type of sexual activity.
2.
Construction. No individual booths, rooms or cubicles
shall be allowed in the public portion of the facility. All other
City codes and regulations must be met.
[Ord. No. 691 §1(226.100), 10-20-1993]
A.
No
person licensed under the provisions of this Chapter or his/her agent,
servant or employee shall possess, store, sell or offer for sale,
give away or otherwise dispose of, upon or about the licensed premises
or permit any person on or about the licensed premises to possess,
store, sell or offer for sale, give away or otherwise dispose of any
controlled substance as defined in Chapter 195, RSMo.
B.
Every
act or omission by an employee constituting a violation of the provisions
of this Chapter shall be deemed the act or omission of the operator
if such act or omission occurs either with the authorization, knowledge
or approval of the operator as a result of the operator's negligent
failure to supervise the employee's conduct, and the operator shall
be punishable for such act or omission in the same manner as if the
operator committed the act or caused the omission.
C.
Any
act or omission of any employee constituting a violation of the provisions
of this Chapter shall be deemed the act or omission of the operator
for purposes of determining whether the operator's license shall be
revoked, suspended or renewed.
D.
No
employee of an adult-oriented establishment shall allow any person
to loiter around or to frequent an adult-oriented establishment or
to allow any person to view adult entertainment as defined herein
who is less than eighteen (18) years of age.
E.
No
employee of an adult-oriented establishment shall allow any animals
or reptiles in the establishment.
F.
A person
responsible for the management and operation of the business shall
be on the premises during business hours.
G.
No
establishment shall be operated during the hours between 1:00 A.M.
and 10:00 A.M. on any day and, furthermore, no establishment shall
be operated between the hours of 1:00 A.M. Sunday and 10:00 A.M. Monday.
H.
The
operator shall maintain the premises in a clean and sanitary manner
at all times.
I.
The
operator shall maintain at least ten (10) foot-candles of light in
the public portions of the establishment, including aisles, at all
times. However, if a lesser level of illumination shall be necessary
to enable a patron to view adult entertainment, a lesser amount of
illumination may be maintained, however, at no time shall there be
less than one (1) foot-candle of illumination as measured from the
floor.
J.
The
operator shall insure compliance of the establishment and its patrons
with the provisions of this Chapter.
[Ord. No. 691 §1(226.110), 10-20-1993]
A.
All
private and public schools, as defined in Chapter 160, RSMo., located
within the City of Platte City are exempt from obtaining a license
hereunder when instructing pupils in sex education as part of its
curriculum.
B.
The
provisions of this Chapter shall not apply to the following individuals
while engaged in the personal performance of the duties of their respective
professions:
1.
Physicians, surgeons, osteopaths, chiropractors or physical therapist
who are licensed by the State of Missouri.
2.
Nurses who are licensed by the laws of this State.
3.
Barbers and beauticians who are licensed by this State, except that
this exemption shall solely apply to the massaging of the neck, face,
scalp and hair of the patron or client for cosmetic or beautifying
purposes.
4.
Athletic trainers for amateur, semi-professional or professional
athletic organizations.
5.
Hospitals, nursing homes or sanitariums.
[Ord. No. 691 §1(226.120), 10-20-1993]
A.
Any
person who is found to have violated this Chapter shall upon conviction
be subject to punishment of a fine of not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00) or by imprisonment
for a period not to exceed ninety (90) days, or by both such fine
and imprisonment.
B.
Each
violation of this Chapter shall be considered a separate offense and
any violation continuing more than one (1) day shall be considered
a separate offense.
[Ord. No. 691 §1(226.130), 10-20-1993]
If any provision of this Chapter is deemed invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the other provisions of the same.
[Ord. No. 691 §1(226.140), 10-20-1993]
The City of Platte City Police Department shall have the authority
to enter any adult-oriented establishment at all reasonable times
to inspect the premises and enforce this Chapter.
