[Ord. No. 2745 §1, 2-15-2006]
Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the most reasonable
application. For the purposes of this Chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this Section:
An establishment having ten percent (10%) or more of its
stock in trade in books, photographs, magazines, films for sale or
viewing on or off the premises by use of motion picture devices, video
players, DVD players, computers, or coin-operated means, or other
periodicals which are distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to specified
sexual activities as said term is defined herein or the principal
purpose of which is to stimulate or arouse sexually the patron viewer
or reader.
Any live 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 where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons
or if the entertainment involves a person who is nude, unless otherwise
prohibited by ordinance, or in such attire, costume or clothing as
to expose to view any portion of human genitals, pubic region, vulva,
pubic hair, buttocks, female breast or breasts below a point immediately
above the top of the areola or nipple or the human male genitals in
a discernibly erect state, even if completely and opaquely covered.
Adult bookstores, novelty stores and massage parlors or shops shall
be considered adult entertainment for purposes of this Chapter.
Any premises to which the public, patrons or members are
invited or admitted and wherein an entertainer provides adult entertainment
to a member of the public, a patron or member.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment business.
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
Any dance performed by an erotic dancer in an erotic dance
establishment that emphasizes or seeks to arouse or excite a patron's
sexual desires.
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 entertainment premises.
An establishment which has a fixed place of business having
a source of income or compensation which is derived from the practice
of any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulation of external parts
of the human body with the hands or with the aid of any mechanical
electric apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotion, ointment or other similar preparations commonly used in the
practice of massage under such circumstances that is reasonably expected
that the person to whom the treatment is provided or some person on
his/her behalf will pay money or give any other consideration or gratuity;
provided that this term shall not include any establishment defined
in this Code or operated or supervised by a medical or chiropractic
practitioner or professional physical or massage therapist licensed
by the State of Missouri.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering, the showing of
the female breast with less than a full opaque covering of any part
of the nipple or areola, or the showing of the covered male genitals
in a discernible turgid state.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial community, joint venture, governmental
entity, or other entity or group of persons however organized.
Any area generally visible to public view and includes 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 entertainment
business.
Means:
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola or nipple, or any combination of the foregoing;
or
Human male genitals in a discernible erect state, even if completely
and opaquely covered.
Sexual conduct being actual or simulated; acts of human masturbation;
sexual intercourse; or physical contact, in an act of apparent sexual
stimulation or gratification, with a person's clothed or unclothed
genitals, pubic area, buttocks, or the breast of a female; or any
sadomasochistic abuse or acts including animals or any latent objects
in an act of apparent sexual stimulation or gratification.
[Ord. No. 2745 §1, 2-15-2006]
A.
It shall
be unlawful for any person to operate or maintain an adult entertainment
business 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.
It is
unlawful for any entertainer, employee or manager to knowingly perform
any work, service or entertainment directly related to the operation
of an unlicensed adult entertainment business.
C.
It shall
be prima facie evidence that any adult entertainment business that
fails to have posted, in the manner required by this Chapter, an adult
entertainment business license, has not obtained such a license. In
addition, it shall be prima facie evidence that any entertainer, employee
or manager who performs any service or entertainment in an adult entertainment
business in which an adult entertainment license is not posted, in
the manner required by this Chapter, had knowledge that such business
was not licensed.
[Ord. No. 2745 §1, 2-15-2006]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City, or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[Ord. No. 2745 §1, 2-15-2006]
A.
The license year for all fees required under this Chapter shall be as stated in Chapter 605 of the City Code. The application for a license shall be accompanied by payment in full and no application shall be considered complete until such fee is paid.
B.
All licenses
shall be issued for a specific location and shall be non-refundable
and non-transferable.
[Ord. No. 2745 §1, 2-15-2006; Ord. No. 3035 §7, 7-20-2011]
A.
Adult Entertainment Business Application. All persons desiring
to secure a license to operate an adult entertainment business under
the provisions of this Chapter shall make application with the City
Clerk. All applications shall be submitted in the name of the person
proposing to conduct or operate the adult entertainment business.
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 entertainment business, a description of the adult
entertainment to be performed on the licensed premises, and the name
of the owner of the premises where the adult entertainment business
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 or limited liability company, the same information
for all corporate officers and directors, stockholders or members
who own more than ten percent (10%) or greater interest in the corporation
or limited liability company.
4.
The
addresses of the applicant, or of all partners, or of all corporate
officers, directors and members for the five (5) years immediately
prior to the date of application.
5.
A description
of the adult entertainment or similar business history of the applicant,
or of all partners, or of all corporate officers, directors and members;
whether any such person or entity, in previously operating in this
or another City, County or State, has had a business license revoked
or suspended, the reason therefor, and the activity or occupation
subjected to such action, suspension or revocation.
6.
A statement
of the business, occupation or employment of the applicant, or of
all partners, members, or of all corporate officers and directors
for the three (3) years immediately preceding the date of the application.
7.
A statement
from the applicant, or from each partner, member, or from each corporate
officer and director, that each such person has not been convicted
of, released from confinement for conviction of, or diverted from
prosecution on:
a.
A
felony preceding the application; or
b.
A
misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substance
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant, each partner
or each corporate officer, director or member has not been convicted
of a municipal ordinance violation or diverted from prosecution on
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.
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8.
A full
set of fingerprints and a photograph, to be taken by the Ellisville
Police Department, of the applicant, or of all partners if the applicant
is a partnership, or of all corporate officers, directors, or members
if the applicant is a corporation.
9.
If the
applicant is a corporation or limited liability company, a current
certificate of registration issued by the Missouri Secretary of State.
10.
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 Chapter regulating adult entertainment businesses.
Failure to provide the information and documentation required
by this Section shall constitute an incomplete application that shall
not be processed.
B.
Adult Entertainment Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of
this Chapter to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. All applicants
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall
be submitted on a form supplied by the City Clerk and shall require
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 entertainment business where the applicant
intends to work as a manager, server or entertainer, and an "intent
to hire" statement from an adult entertainment business that is licensed,
or that has applied for a license, under the provisions of this Chapter,
indicating the adult entertainment business intends to hire the applicant
to manage, serve or entertain on the premises.
3.
A statement
from the applicant, that the applicant has not been convicted of,
released from confinement for conviction of, or diverted from prosecution
on:
a.
A
felony criminal act within five (5) years immediately preceding the
application, or
b.
A
misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substance
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on 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.
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4.
A full
set of fingerprints and a photograph, to be taken by the Ellisville
Police Department, of the applicant.
5.
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. Any of the following shall
be accepted as documentation of age:
a.
A
motor vehicle operator's license issued by any State bearing this
applicant's photograph and date of birth;
b.
A
State-issued identification card bearing the applicant's photograph
and date of birth;
c.
An
official and valid passport issued by the United States of America;
d.
An
immigration card issued by the United States of America;
e.
Any
other form of picture identification issued by a governmental entity
that is deemed reliable by the City Clerk; or
f.
Any
other form of identification deemed reliable by the City Clerk.
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Failure to provide the information required by this Section
shall constitute an incomplete application and shall not be processed.
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C.
Application Processing.
1.
Upon
receipt of a complete application for an adult entertainment business
or an adult entertainment manager, server or entertainer license,
the City Clerk shall immediately transmit one (1) copy of the application
to the Chief of Police for investigation of the application.
2.
In addition,
the City Clerk shall transmit a copy of the application to the Building
Official.
3.
It shall
be the duty of the Chief of Police or his/her designee to investigate
such application to determine whether the information contained in
the application is accurate and whether the applicant is qualified
to be issued the license applied for. The Chief of Police shall report
the results of the investigation to the City Clerk not later than
ten (10) working days from the date the application is received by
the City Clerk.
4.
It shall
be the duty of the Building Official to determine whether the structure
where the adult entertainment business will be conducted complies
with the requirements and meets the standards of the applicable health,
zoning, building code, fire and property maintenance ordinances of
the City. The Building Official shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk.
[Ord. No. 2745 §1, 2-15-2006]
A.
If the
application for an adult entertainment business or an adult entertainment
business manager, server or entertainer is in proper form and accompanied
by the appropriate license fee, the City Clerk shall examine the application
and after such examination, the City Clerk shall, if the applicant
is qualified, approve a license as provided for by law.
B.
The license
shall state that it is not transferable to other persons and the calendar
year for which it is issued. The license shall be kept posted in a
conspicuous place in the place of business that is licensed or where
the licensee is working.
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 that basis for such disapproval.
Any applicant aggrieved by the disapproval of a license application
may seek judicial review in a manner provided by law.
[Ord. No. 2745 §1, 2-15-2006]
A.
No person
is eligible nor shall a license be issued to:
1.
An adult
entertainment business applicant if one (1) or more of the following
conditions exist:
2.
The
applicant failed to supply all of the information requested on the
application.
3.
The
applicant gave materially false, fraudulent or untruthful information
on the application.
4.
The
applicant's proposed business premises does not comply with or meet
the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City, provided, that
upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the City Clerk.
5.
The
applicant has been convicted of any felony or a misdemeanor involving
sexual misconduct.
6.
The
applicant has had an adult entertainment license revoked or suspended
in this or any other City during the past five (5) years.
B.
An applicant
for an adult entertainment manager, server or entertainer if one (1)
or more of the following conditions exist:
1.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (A) above.
2.
The
applicant has been convicted of any felony or a misdemeanor involving
sexual misconduct.
3.
The
applicant failed to provide all of the information required on the
application.
4.
The
applicant gave materially false, fraudulent or untruthful information
on the application.
5.
The
applicant has had an adult entertainment manager, server or entertainer
license revoked or suspended in this or any other City during past
five (5) years.
[Ord. No. 2745 §1, 2-15-2006]
A.
The following
standards of conduct shall be adhered to by all adult entertainment
business licensees, their employees and all adult entertainment business
managers, servers and entertainers and patrons of adult entertainment
businesses, while on or about the premises of the business:
1.
Interior restrictions.
a.
It
shall be unlawful for any erotic dancer to dance at a distance of
less than ten (10) feet from any patron or to touch any patron while
dancing.
b.
It
shall be unlawful for any erotic dancer to dance on a stage that is
not raised at least two (2) feet above the area on which the patron
or patrons sit or stand.
2.
Age restriction. Only persons eighteen (18) years of age
or older shall be permitted on the premises of any adult entertainment
business.
3.
Exterior observation. The premises of all adult entertainment
businesses will be so constructed as to include an anteroom, foyer,
partition or other physical barrier on all customer entrances, that
will insure observation of the interior of the premises and 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 entertainment business will be
conducted 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.
5.
Nudity prohibited, exceptions. No employee, server or entertainer
in an adult entertainment business 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, server or entertainer shall 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 or inanimate objects to perform or depict any of the specified
sexual activities as defined herein, or participate in any act of
prostitution.
b.
No
employee, server, entertainer or patron of an adult entertainment
business shall knowingly touch, fondle or caress any specified anatomical
area of another person, or knowingly permit another person to touch,
fondle, or caress any specified anatomical area of such employee,
server, entertainer or patron, whether such specified anatomical areas
are clothed, unclothed, covered or exposed.
c.
No
employee, server or entertainer of an adult entertainment business
shall be visible from the exterior of the adult entertainment business
while such person is unclothed or in such attire, costume or clothing
as to expose to view any specified anatomical area.
d.
No
adult entertainer shall solicit, demand or receive any payment or
gratuity from any patron or customer for any act prohibited by this
Chapter and no adult entertainer shall receive any payment or gratuity
from any customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform, a customer or
patron may place such payment or gratuity into a box affixed to the
stage, or
(2)
While such entertainer is not on the stage or platform and is clothed
so as to not expose to view any specified anatomical area, a customer
or patron may place such payment or gratuity into the entertainer's
hand.
e.
No
owner, operator, manager or other person in charge of the premises
of an adult entertainment premises shall:
(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)
years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or
(5)
Knowingly allow or permit a violation of this Chapter or any other
City ordinance provision or State law.
7.
Signs required. All signage associated with an adult entertainment business or establishment shall be as regulated in Chapter 410, Sign Code.
8.
Lighting required. The premises of all adult entertainment
businesses shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted
access to an illumination of not less that 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 booth or room prohibited. The premises of all adult
entertainment businesses shall be physically arranged in such manner
that the entire interior portions 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 entertainment businesses shall be kept in a sanitary condition.
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 entertainment business may
be open or in use between the hours of 1:30 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 1:30 A.M. and 12:00 Noon.
[Ord. No. 2745 §1, 2-15-2006]
A.
Every
person, corporation, partnership, or association licensed under this
Chapter as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B.
Every
person holding an adult entertainment server, manager or entertainer
license shall post his/her license in his/her work area on the adult
entertainment facility premises so it shall be readily available for
inspection by City authorities responsible for enforcement of this
Chapter.
[Ord. No. 2745 §1, 2-15-2006]
A.
An adult
entertainment manager shall be on duty at any adult entertainment
business at all times the premises is 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 or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment server's license and that such licenses are prominently
posted.
[Ord. No. 2745 §1, 2-15-2006]
All adult entertainment 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 inure the
business is complying with all applicable regulations and laws.
[Ord. No. 2745 §1, 2-15-2006]
A.
Whenever
the City Clerk has information that:
1.
The
owner or operator of an adult entertainment business or a holder of
an adult entertainment manager, server or entertainer license has
violated, or knowingly allowed or permitted the violation of, any
of the provisions of the City Code; or
2.
There
have been recurrent violations of provisions of this Chapter that
have occurred under such circumstances that the owner or operator
of an adult entertainment business knew or should have known that
such violations were committed; or
3.
The
adult entertainment business license or the adult entertainment manager,
server or entertainer license was obtained through false statements
in the application for such license or renewal thereof; or
4.
The
adult entertainment business licensee or the adult entertainment manager,
server or entertainer licensee failed to make a complete disclosure
of all information in the application for such license or renewal
thereof; or
5.
The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 615.070(A)(5); or
6.
If the holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 615.070(A)(5), then the City Clerk shall conduct a public hearing to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the City Clerk 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
Chapter occur during the period of probation. If a violation does
occur and after a hearing the violation is determined to have actually
occurred, license will be revoked for the remainder of the license
year.
d.
Any
action otherwise authorized in the City Code not inconsistent with
this Section.
[Ord. No. 2745 §1, 2-15-2006]
A.
A license
may be renewed by making an application for renewal to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on June thirtieth (30th) of each calendar year, and renewal applications
for such licenses shall be submitted to the City Clerk by May thirty-first
(31st) of each license year.
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[Ord. No. 2745 §1, 2-15-2006]
Following the entry of an order by the City Clerk, suspending
or revoking a license issued pursuant to this Chapter, or disapproving
the renewal application for a license, such licensee or applicant
may seek administrative or judicial review in a manner provided by
law.
[Ord. No. 2745 §1, 2-15-2006]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not exceeding one thousand dollars ($1,000.00) or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with, any provision of this Chapter shall
constitute a separate and distinct offense.
