Editor's Note — Ord. no. 855 §1, adopted July 6,
2009, repealed ch. 635 "erotic dancing" and enacted new provisions
set out herein. Former ch. 635 derived from ord. no. 459 §1,
2-6-1995.
[Ord. No. 855 §1, 7-6-2009]
Except where otherwise indicated by the context, the following
definitions shall apply to the interpretation and enforcement of this
Chapter:
Any business enterprise that has as a primary business purpose:
the sale, display or rental of goods that are designed for use in
connection with specified sexual activities or that emphasizes matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas; or that has one (1) of the following as
a primary business purpose:
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
The providing of non-medical services related to specified sexual
activities or specified anatomical areas.
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The definition of adult business also includes, but is not limited
to, any and all of the following as defined herein:
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Any of the following businesses offering goods for sale or rent:
Adult retail establishments: An establishment
which, as a primary business purpose, offers for sale or rent any
one (1) or more of the following: instruments, devices, gifts or paraphernalia
which are designed for use in connection with specified sexual activities
or clothing that graphically depicts specified anatomical areas or
any of the materials sold or rented in an adult bookstore defined
herein.
Adult bookstore: An establishment which, as
a primary business purpose, offers for sale or rent, books, magazines,
periodicals or other printed matter, photographs, slides, films, videotapes
or any form of visual representation which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
Adult media outlet: An establishment that has
as a primary business purpose the rental, sale, offering for viewing
on the premises or other use of any adult media.
Adult newsrack: Any coin- or card-operated
device that offers for sale by dispensing printed material which is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
Adult newsstand: A freestanding structure,
vehicle or booth which, as a primary business purpose, offers for
sale: books, magazines, periodicals or other printed matter which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
Any of the following businesses providing entertainment:
Adult entertainment business: Any enterprise
providing adult entertainment to which the public, patrons or members
are invited or admitted.
Adult motion picture theater: An establishment
containing a room with seats facing a screen or projection area, where
the business is the exhibition to customers of films, videotapes,
slides or motion pictures which are intended to provide sexual stimulation
or sexual gratification to the customers and which are distinguished
by or characterized by an emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas.
Adult theater: An establishment located in
an enclosed building where the business is providing the live performance
of activities relating to specified sexual activities or exhibition
of specified anatomical areas of live performers for observation by
customers and patrons.
Adult entertainment cabaret: An establishment
in which the business is providing adult entertainment which features
strippers, male or female impersonators, go-go dancers or live performances;
or material which is primarily characterized by an emphasis on specified
sexual activities or specified anatomical areas.
Adult entertainment studio: (Includes the
terms rap studio, exotic dance studio, sensitivity studio or encounter
studio) an establishment whose premises is physically arranged as
to provide booths, cubicles, compartments or stalls separate from
the common area of the premises and in which the business is providing
entertainment which features materials or live performances characterized
by an emphasis on or relating to specified sexual activities or the
exhibition of specified anatomical areas.
Adult encounter parlor: An establishment in
which the business is the provision of premises where customers congregate,
associate or consort with employees and/or performers or private contractors
who display specified anatomical areas in the presence of such customers,
with the intent of providing sexual gratification or stimulation to
such customers.
Body painting studio: An establishment in
which the business is maintaining, operating or offering for compensation
the applying of paint or other substance to or on the human body by
any means of application, technique or process when the subject's
body is displayed for the customer's view of specified anatomical
areas.
Adult arcade: An establishment, or that part
of an establishment, which regularly features or otherwise offers
to customers, in a viewing area which is designed for occupancy by
no more than one (1) person, any live, filmed or videotaped exhibition,
performance or dance of any type by a person or persons whose exhibition,
performance or dance is characterized by the exposure of any specified
anatomical area or by specified sexual activities or who otherwise
appear in such attire, costume or clothing so as to expose to view
specified anatomical areas.
Nude modeling agency: An establishment in
the business of offering for compensation the viewing of the human
body when the subject's body is displayed for the customer's view
of specified anatomical areas.
Erotic dance establishment: A fixed place
of business which, as a portion or all of its business, emphasis activities
or seeks, through one (1) or more dancers, to arouse or excite the
patron's sexual desires or sexual fantasies whether or not alcoholic
beverages, beer, intoxicating liquor or other non-intoxicating beverages
are sold or consumed on the premises.
Any of the following businesses that provide services:
Bathhouse: An enterprise in which the business
is offering baths with other persons present who are nude or displaying
specified anatomical areas.
Adult motel: An enterprise in which the business
is offering public accommodations for consideration for the purpose
of viewing closed circuit television transmissions, films, motion
pictures, video cassettes, 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 or rents or subrents room accommodations for less than six (6)
hours at a time.
Any live exhibition, performance or dance characterized by
the exposure of any specified anatomical area even if covered by translucent
clothing or by specified sexual activities or by appearance of persons
in attire, costume or clothing so as to emphasize or expose, even
through opaque clothing, the view to specified anatomical areas.
Any person who:
Is allowed to enter an adult business in return for the payment
of an admission fee or any other form of consideration or gratuity;
or
Enters an adult business and purchases, rents or otherwise partakes
of any merchandise, goods, entertainment or other services offered
therein; or
Is a member of or is on the premises of an adult business operating
as a private club.
Any dance performed by an erotic dancer in an erotic dance
establishment which emphasis or seeks to arouse or excite a patron's
sexual desires.
Any male or female who performs in an erotic dance establishment,
who is not fully clothed or is wearing clothing designed to accentuate
the body in a manner which would tend to sexually arouse another person.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
whatsoever directly related to the operation of an adult business.
Any person who provides adult entertainment within an adult
business, as defined in this Section, whether or not a fee is charged
or accepted for entertainment.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult business.
Any person owning, operating, conducting or maintaining an
adult business.
Any area generally visible to public view including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food or drink at an adult business.
Less than completely and opaquely covered:
Actual or simulated acts of masturbation, sexual intercourse,
physical contact with the person's clothed or unclothed genitals,
pubic area, buttocks or the breast of a female in the act of actual
or apparent sexual stimulation or gratification, any actual or simulated
acts of sadomasochistic abuse or the use of animals or inanimate objects
in acts of actual or apparent sexual stimulation or gratification,
as such terms are defined in the pornography and related offenses
Chapter of the Missouri Criminal Code.
[Ord. No. 855 §1, 7-6-2009]
A.
It
shall be unlawful for any entertainer or employee to fondle, caress
or touch any customer or other entertainer or employee in any manner
in or on a specified anatomical area or for any customer to fondle,
caress or touch any entertainer or employee or other customer in any
manner in or on a specified anatomical area, whether such specified
anatomical areas are clothed, unclothed, covered or exposed.
B.
It
shall be unlawful for any entertainer to perform at a distance less
than ten (10) feet from customers or to touch any customer while performing.
C.
It
shall be unlawful for any entertainer to perform on a stage that is
not raised at least two (2) feet above the area on which the customer
or customers sit or stand.
D.
It
shall be unlawful for any customer to tip, pay, give a gratuity or
other thing of value to any entertainer or to someone else in his
or her behalf and it shall be unlawful for any entertainer to solicit
or accept from a customer in any manner any tip, payment, gratuity
or other thing of value either directly or indirectly.
E.
It
shall be unlawful for an entertainer or employee to perform any specified
sexual activities as defined herein, wear or use any device or covering
exposed to view which simulates any specified anatomical area, use
artificial devices, animals or inanimate objects to perform or depict
any of the specified sexual activities as defined herein or participate
in any act of prostitution.
F.
It
shall be unlawful for an entertainer or employee to be visible from
the exterior of the adult business while such person is unclothed
or in such attire, costume or clothing as to expose to view any specified
anatomical area.
G.
It
shall be unlawful to operate an adult business in any manner that
permits the observation of live performers engaged in an erotic depiction
or dance or any material or persons depicting, describing or relating
to specified sexual activities or specified anatomical areas as defined
herein from any exterior source by display, decoration, sign, show
window or other opening.
[Ord. No. 855 §1, 7-6-2009]
No adult business establishment shall be located within one
thousand (1,000) feet of any "R-1", "R-2" or "M-1" zoned area or within
one thousand (1,000) feet of any school, public park, church or day
care center.
[Ord. No. 855 §1, 7-6-2009]
It shall be unlawful for an adult business to have any person
owning an interest in the business under the age of eighteen (18).
In addition, it is unlawful for any adult business to employ any person
under the age of eighteen (18) years or to permit any customer/patron
under the age of eighteen (18) years to enter into said premises of
said business.
[Ord. No. 855 §1, 7-6-2009]
A.
It
shall be unlawful for any person to operate or maintain an adult entertainment
business establishment in the City unless the owner, operator or lessee
thereof has obtained an adult entertainment business license from
the City or to operate such business after such license has been revoked
or suspended by the City.
B.
The
license year for all fees required under this Chapter shall be from
each July first (1st) through June thirtieth (30th). The application
for a license shall be accompanied by payments in full of the fee
stated in this Section by certified or cashier's check or money order;
and no application shall be considered complete until such fee is
paid. The fee for an adult entertainment business establishment is
three hundred dollars ($300.00) per year.
C.
All
persons desiring to secure a license to operate an adult business
establishment or to be an employee or to be employed as a manager
or entertainer under the provisions of this Chapter shall make a notarized
application with the City Clerk. All applications shall be submitted
in the name of the person proposing to conduct, operate or to be employed
by the adult business establishment. All applications shall be submitted
on a form supplied by the City Clerk and shall require the following
information:
1.
The name, residence address, home telephone number, occupation, date
and place of birth and Social Security number of the applicant.
2.
The name of the adult business establishment and the name of the
owner of the premises where the adult business establishment will
be located.
3.
The names, residence addresses, Social Security numbers and dates
of birth of all partners, if the applicant is a partnership; and if
the applicant is a corporation, the same information for all corporate
officers and directors and stockholders who own more than ten percent
(10%) or greater interest in the corporation.
4.
The addresses of the applicant or of all partners, if a partnership,
or of all corporate offices and directors, if a corporation, for the
five (5) years immediately prior to the date of application.
5.
A brief description of the business history of the applicant with
regard to adult business establishments or of all partners, if a partnership,
or of all corporate officers and directors, if a corporation; including
whether such person or entity has previously operated in this or another
City, County or State and, if so, where and whether said applicant
has had a business license revoked or suspended and the reason therefore.
6.
A statement from the applicant, or if the applicant is a partnership,
from each partner, or if the applicant is a corporation, from the
president of the corporation that the applicant, its partners or its
corporate officers have not been convicted of a felony criminal act
within the past five (5) years or a misdemeanor criminal act or a
municipal ordinance violation within two (2) years prior to the application,
where such criminal act involved sexual offenses, prostitution, promotion
of prostitution, sexual abuse, pornography or related offenses or
involved controlled substances or illegal drugs or narcotic offenses.
7.
A full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant or of all partners if the applicant is
a partnership or of all corporate officers if the applicant is a corporation.
Applicants shall be subject to a background check which shall be performed
by the Police Department.
8.
If the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
9.
A statement signed under oath that the applicant has a 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 Chapter regulating adult business establishments.
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Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
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D.
No
person is eligible nor shall a license be issued to an applicant who
gives material false, fraudulent or untruthful information on the
application or to an applicant whose proposed business premises does
not comply with or meet the requirement of the applicable health,
zoning, building code, fire and property maintenance ordinances of
the City, provided that upon showing that the premises meets said
requirements and that the applicant is otherwise qualified, the application
shall be eligible for reconsideration by the City Council.
E.
The City may deny a license to any applicant or any member owning an interest in the perspective business who is convicted of a felony criminal act within five (5) years, misdemeanor criminal act or municipal ordinance violation within two (2) years prior to the application, where the criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse, pornography or related offenses or involved controlled substances or illegal drugs or narcotic offenses. The City may also deny any application of any person having an interest in the prospective business or who has had a previous license to run an adult business revoked. In addition, in the event the City elects to issue a license to an applicant who had a member owning an interest in the applicant with a conviction as set forth above or who has had a previous adult business license revoked or suspended, the City may increase the amount of the bond required of the business under Section 635.080.
F.
It
shall be unlawful for:
1.
Any person to operate or maintain an adult business within the City
of Scott City until the owner of such business has applied to the
office of the Deputy City Clerk for a license to operate such business
and such license has been duly approved by the City Council or to
operate such establishment after such license has been revoked or
suspended by the City or has expired as set forth in this Chapter.
2.
Any business to allow a manager to work at or an entertainer to perform
on premises within the City of Scott City until such manager or entertainer
has applied to the office of the Deputy City Clerk for a license and
such license has been duly issued by the Deputy City Clerk or to work
at such business after such license has been revoked or suspended
by the City or has expired as set forth in this Chapter.
3.
Any licensed entertainer to perform in any adult business, who does
not have a valid license as required by this Chapter.
[Ord. No. 855 §1, 7-6-2009]
It shall be unlawful for any adult business to operate between
the hours of 1:30 A.M. and 6:00 A.M. on any weekend and between the
hours of 12:00 Midnight Saturday and 12:00 Midnight on Sunday except
as otherwise permitted by State law.
[Ord. No. 855 §1, 7-6-2009]
Adult business licensee shall maintain an orderly house. In
that regard, at no time, under any circumstances, shall any licensee
or his/her employees fail to immediately prevent or suppress any violent
quarrel, disorder, brawl, fight or other improper or unlawful conduct
of any person upon the adult business premises. If any licensee or
his/her employee knows or should have known that a legal or violent
act has been committed on or about the licensed premises, they shall
immediately report the occurrence to the Police and shall cooperate
with the Police under any investigation unto such occurrence.
[Ord. No. 855 §1, 7-6-2009]
Before any application under this Chapter shall be granted,
the applicant shall deliver to the City a bond in the sum of five
thousand dollars ($5,000.00) with sufficient surety, to be approved
by the City Council, conditioned that the applicant will abide by
all provisions set forth in this Chapter. Violation of the conditions
of the aforesaid bond shall be a breach of said bond and will entitle
the City to recover the amount pledged therein.
[Ord. No. 855 §1, 7-6-2009]
Violation of any of the provisions of this Chapter by any licensee
shall subject the licensee to suspension or revocation of the licensee's
license, upon affording the licensee notice of the violation and a
hearing before the City Council within a reasonable time.
[Ord. No. 855 §1, 7-6-2009]
No adult business shall solicit the business or advertise the
business by way of billboards, signs or flyers in any "R-1", R-2"
or "M-1" zoned area or within one thousand (1,000) feet of any school,
public park, church or day care.
[Ord. No. 855 §1, 7-6-2009]
If any Section, Subsection or clause of this Chapter shall be
deemed to be unconstitutional or otherwise invalid, the validity of
the remaining Sections, Subsections and clauses shall not be affected
thereby.
[Ord. No. 855 §1, 7-6-2009]
Any person who violates the provisions of this Chapter shall be subject to the general penalty provision of the Scott City Code of Ordinances as set forth in Chapter 110.
