Division 5 Sexually Oriented Businesses

A sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the establishment. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (±6) inches.

Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed.

If the persons identified as the fee owner(s) of the tract of land in subparagraph (1)(a)(2) is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business.

A current certificate and line drawing prepared by a land surveyor licensed in the State of Missouri within thirty (30) days prior to application depicting the property lines, the structures and all existing uses within one thousand (1,000) feet of the property to be certified. For purposes of this Subsection, a use shall be considered existing or established if it is in existence at the time an application is submitted.

Payment of the application fee in full, with no proration or refunds.

If the establishment is a State of Missouri corporation, a certified copy of the articles of incorporation, together with all amendments thereto.

If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this State and a certified copy of the articles of incorporation, together with all amendments thereto.

(8)

If the establishment is a limited partnership formed under the laws of the State of Missouri, a certified copy of the certificate of limited partnership, together with all amendments thereto.

(9)

If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.

(10)

If the establishment is a domestic limited liability company, a certified copy of the articles of organization, together with all amendments thereto.

(11)

If the establishment is a foreign limited liability company, a certified copy of the certificate of authority to transact business in this State and a certified copy of the articles of organization, together with all amendments thereto.

The name, residence address, mailing address (if different), home telephone number, date of birth, place of birth and Social Security number or Federal tax identification number (with copy of Form SS-4) of the applicant.

The business name, address, telephone number, and

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state:

The sexually oriented business's fictitious name; and

Submit the required registration documents.

The names, residence addresses, residence telephone numbers and dates of birth of:

All partners if the applicant is a partnership;

If the applicant is a corporation:

All officers, directors and all persons with greater than a five percent (5%) voting and non-voting ownership interest in the corporation;

If the applicant is a limited liability company:

All officers, directors, members and all persons with greater than a five percent (5%) voting and non-voting ownership interest in the company;

If the applicant is a trust:

All beneficiaries with greater than a five percent (5%) interest.

Residence addresses of the applicant or of all partners or of all corporate officers, directors or members or beneficiaries for the five (5) years immediately prior to the date of application.

A description of the sexually oriented business history of the applicant or of all partners or of all officers, directors or members or beneficiaries; and whether such person or entity has had a previous permit under this Article or other similar sexually oriented business ordinance from another City or County denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license or permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation or member of a limited liability company that is or was licensed or permitted under a sexually oriented business ordinance whose business license or permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license or permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

A description of the business, occupation or employment of the applicant or of all partners or of all corporate officers and directors or of all members or of all beneficiaries for the immediate five (5) years immediately preceding the date of the application.

A statement from the applicant or from all partners or from all corporate officers and directors or from all members or from all beneficiaries that each such person has not been convicted of or released from confinement for conviction of or is awaiting trial on pending charges of a specified criminal activity as defined in Section 400.1770, Definitions, and if so, the specified criminal activity involved, the date, place and jurisdiction of each.

A full set of fingerprints of the applicant, all partners, all corporate officers and directors, all members and all beneficiaries shall be taken by the Director or the office of the Sheriff and delivered to the Director.

Applicant, all partners, all corporate officers and directors, all members and all beneficiaries shall, at the time they are fingerprinted by the Director, furnish the Director two (2) current photographs of his or her face.

If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the operator's permit is sought and the date on which the establishment began operations as a sexually oriented business at the location for which the business permit is sought;

If the establishment is not in operation, the expected start up date (which shall be expressed in number of days from the date of issuance of the operator's permit). If the expected start up date is to be more than ten (10) days following the date of issuance of the operator's permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.

Failure to provide information required by Subsection (C)(1) shall constitute an incomplete application and the application shall not be processed.

The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.

Applications shall be submitted to the office of the Director or the Director's designee during regular working hours.

Determination of completeness. Within five (5) business days after receiving an application, the Director shall determine whether the application is complete in accordance with the requirements of this Section. If the application is not complete, the Director shall within two (2) business days after the Director's determination notify the applicant by first class mail of the deficiencies in the application. If the application remains incomplete thirty (30) days after the date of the notice of deficiencies, then the application shall be denied by the Director for failure to comply with the requirements of this Order. Any owner aggrieved by this decision may appeal the decision to the Board of Adjustment pursuant to Article XVII of the Jefferson County Unified Development Order or may seek judicial review in a manner provided by law.

Any of items Subsection (C)(1) above (except for the payment of fees) shall not be required for a renewal application if the applicant certifies that the documents previously furnished to the Director with the original application or previous renewals thereof remain correct and current.

If an applicant desires to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, digital video discs, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Subsection (8) of this Subsection (C).

A person who operates or causes to be operated a sexually oriented business, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space a film, video cassette or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

Upon application for a sexually oriented business operator's permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the operator's permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (±6) inches. The Director may waive the foregoing diagram for renewal applications if the applicant certifies that the previously submitted diagram of the premises is true and correct and certifies that the configuration of the premises has not been altered since said diagram was prepared.

The application shall be sworn to be true and correct by the applicant.

Application For Sexually Oriented Business Employee Permit.

All applications for a sexually oriented business employee permit shall be signed by the applicant and be notarized. All applications shall be submitted to the Director on a form supplied by the Director and shall contain the following:

The applicant's given name and any other names by which the applicant is or has been known, including "stage" names or aliases; home address; home telephone number; date of birth; place of birth; height, weight, hair color and eye color;

The name and address of each sexually oriented business establishment the applicant presently works or intends to work and proof of employment or an "intent to hire" statement from the business that is permitted or has applied for a permit under the provisions of this Article.

A statement detailing the permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this County or any other City, County, State or country, has ever had any license, permit or authorization to do business denied, revoked or suspended or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name(s) under which the license or permit was sought or issued, the name(s) of the issuing or denying jurisdiction and describe in full the reason(s) for the denial, revocation or suspension. A copy of any order, ordinance, order of denial, revocation or suspension shall be attached to the application.

A statement whether the applicant has, within the past five (5) years, been convicted of or released from confinement for conviction of or is awaiting trial on pending charges of a specified criminal activity as defined in Section 400.1770, Definitions, and if so, the specified criminal activity involved, the date, place and jurisdiction of each.

A full set of fingerprints and a passport-sized color photograph of the applicant. If the applicant does not have such a photo available, he/she may have one (1) taken by the Director at the applicant's cost. Any fees for the photographs and fingerprints shall be paid by the applicant.

The applicant shall present documentation that he or she has attained the age of eighteen (18) years. Any of the following shall be accepted as documentation of age:

A motor vehicle operator's license issued by any State bearing the applicant's photograph and date of birth;

A State-issued identification card bearing the applicant's photograph and date of birth;

An official passport issued by the United States of America;

An immigration card issued by the United States of America;

Any other picture identification issued by a governmental entity; or

Such other form of identification as the Director deems, by rule, to be acceptable.

Every application for a permit under this Article shall contain a statement under oath that:

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and

The applicant has been provided a copy of this Article.

Failure to provide information required by Subsection (D)(1) shall constitute an incomplete application and the application shall not be processed.

The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.

Each application for an employee permit shall be accompanied by payment of the application fee in full.

Applications shall be submitted to the office of the Director or the Director's designee during regular working hours.

Notification Of Complete Application And Schedule For Hearing.

Within ten (10) days after a new application for a sexually oriented business operator's permit is determined by the Director to be complete, the Director shall mail written notification of that determination to applicant and all owners of real property located in unincorporated Jefferson County, Missouri, within one thousand (1,000) feet from the proposed premises, as defined by the Official Maps maintained by the Assessor's office and as measured from the property lines of the property which is the subject of the application.

If, within ten (10) days after the Director mails notice to the property owners entitled to notice under Subsection (E)(1) of this Section that the application for a sexually oriented business permit is complete, any such owner files with the Director a written request for a hearing before the Director on whether the applicant has satisfied the criterion set forth in Section 400.1840(F) which shall state a reason(s) that a particular criteria has not been satisfied, then the Director shall, within five (5) days of receipt of a timely request, mail a notice of hearing to the applicant and any property owner requesting the hearing and notice, shall include the date, time and place for the hearing before the Director. The date for the hearing shall be not less than thirty (30) days nor more than forty (40) days following the determination that the application is complete.

If a hearing is requested by any property owner entitled to notice under Subsection (E)(1) of this Section, then the Director shall hear matters raised by those property owner(s), if any, in objection to issuance of the permit, but the Director may not deny issuance of the permit without finding that one (1) or more of the criteria set forth in Section 400.1840(F) have not been satisfied.

Criteria For Issuance Of A Permit.

Operator's permit. The Director shall investigate the application for a sexually orientated business operator's permit and shall issue the permit authorized by this Article if each of the following conditions is met without exception:

Applicant or all partners, officers, directors, employees, members or any shareholders of applicant with greater than five percent (5%) interest are over eighteen (18) years of age;

Applicant (and, if an individual, applicant's spouse) is current in all taxes, fees and other amounts due to the County on any account for any purpose;

The application is complete and appears to be truthful and accurate;

The application is accompanied by the required fee;

The proposed premises are the subject of a zoning determination or a certificate of legal non-conformance showing that the use of the premises for the proposed business is permitted under the Unified Development Order;

The proposed premises comply with the separation requirements set forth in applicable zoning districts or hold a valid certificate of legal non-conformance indicating that the business is not subject to such separation requirements because the proposed premises existed at this location before the establishment of the separation requirements;

The proposed premises meets all other applicable health, safety, building and fire codes and ordinances of the County or other political subdivision exercising jurisdiction;

The applicant provides evidence that the applicant owns the premises or has a lease giving it control of the premises through the proposed permitting period;

No applicant or any spouse, partner, officer or director of the applicant, member or shareholder with greater than a five percent (5%) interest in applicant has been convicted of a violation of this Article or has had a permit under this Article revoked at any time in the two (2) years immediately preceding the date of application;

No applicant or any spouse, partner, officer or director of the applicant, member or shareholder with greater than a five percent (5%) interest in applicant has within the previous ten (10) years been convicted of, or remains under confinement for, any felony, misdemeanor ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses as defined in the State's Criminal Code, Chapters 556 — 600, RSMo., or similar Statutes in other States or controlled substance or illegal drugs or narcotics offenses as described in the State's Comprehensive Drug Control Act; and

The applicant has provided the Director with a designated agent for service who can regularly be found in the County during normal business hours.

Burden of proof. The applicant shall have the burden of proof on each of the criterion contained in Subsection (F)(1) of this Section except that the applicant's burden regarding criterion contained in Subsection (F)(1)(e), (g), (i) and (j) of this Section shall be limited to completing forms provided by the Director.

Employee permit. The Director shall investigate the application and shall issue the permit authorized by this Article if the Director finds that:

The applicant has not made any false, misleading or fraudulent statement of material fact in the application for a permit or in the providing of documentation of age as part of the original permit application or application for renewal thereof.

The applicant has attained the age of eighteen (18) years.

The applicant has not been convicted of or completed probation for a felony or released from confinement for conviction of a felony, whichever event is later, within five (5) years immediately preceding the application or has not been convicted of or completed probation for a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses, as defined in the State's Criminal Code, Chapters 556 — 600, RSMo., or similar Statutes or controlled substance or illegal drugs or narcotics offenses as described in the State Comprehensive Drug Control Act or similar Statutes or has not been convicted of or completed probation for a municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.

The applicant has not had a permit issued under the provisions of this Article revoked within five (5) years immediately preceding the application.

Operator's Permit — Approval Or Disapproval — Review.

The application for a sexually oriented business operator's permit authorized under this Article shall be approved or disapproved within fifty (50) days from the date of the Director's determination that the application is complete, unless the applicant agrees in writing to an extension of that time period. If the permit application is disapproved, the Director shall notify the applicant in person or by registered or certified mail to the applicant's last known address and shall state the basis for such disapproval.

If, within ten (10) days after the Director mails notice to the applicant that the application has been disapproved, the applicant files with the Director a written request for a hearing before the Board of Zoning Adjustment on whether the applicant has satisfied the criterion set forth in Section 400.1840(F), then the Director shall, within five (5) days of receipt of a timely request, mail a notice of a hearing to the applicant, which shall include the date, time and place for the hearing before the Board of Zoning Adjustment. The date for the hearing shall be not less than thirty (30) days nor more than forty (40) days following the filing of the request for a hearing under this Section, unless the aggrieved party requesting the hearing agrees to extend the time for the hearing.

Employee Permit — Approval, Disapproval — Review.

The application for an employee permit authorized under this Article shall be approved or disapproved within sixty (60) days from the date of filing a completed application, which complies with the requirements of this Article, unless the applicant agrees in writing to an extension of such time period. Pending the approval or disapproval of a completed permit application, the employee shall be provided a temporary permit. The temporary permit shall automatically expire and become null and void upon the approval or disapproval of a permit. Any employee issued a temporary permit shall comply with the provisions of this Article and the temporary permit shall be withdrawn by the Director if the permittee violates any provisions of this Article. Additionally, any employee issued a temporary permit shall be subject to the penalty provisions provided in this Article. It shall be the duty of the Director to request criminal records and to investigate other information required by the permit application. If a permit application is disapproved, the Director shall notify the applicant in person or by registered or certified mail to the applicant's last known address and shall state the basis for the disapproval.

Judicial review. An applicant for an employee permit authorized under this Article aggrieved by the decision of the Director to approve or disapprove a permit may seek judicial review in a manner provided by the law.

Display Of Permit.

Every person, corporation, partnership, trust, limited liability company, entity or association permitted under this Article as a sexually oriented business shall post the permit in a conspicuous place and manner on the business premises.

Every employee of a sexually oriented business shall have his or her permit located on the sexually oriented business premises so it shall be readily available for inspection by County authorities responsible for enforcement of this Article. If the permit is a temporary permit, the form of identification presented as part of the application for the permit shall be stated by the Director on the face of the permit and the identification must be in the possession of the employee possessing the temporary permit while working on the premises.

Permit Classifications And Fees.

The permit year for all fees required pursuant to this Article shall be from each December first (1st) through November thirtieth (30th). The application for a permit shall be accompanied by payment in full of the fee stated in this Section by cash, certified or cashier's check or money order and no application shall be considered complete until the fee is paid. The fee shall not be refunded under any circumstances, except for the employee's permit, which said fee shall be reimbursed to the employee if his/her application is denied.

The classification of sexually oriented business permits and the fees for each shall be as follows:

New sexually oriented business operator's permit is a fee of one thousand five hundred dollars ($1,500.00) per year;

Renewal of sexually oriented business operator's permit is a fee of one thousand five hundred dollars ($1,500.00) per year;

Employee's permit is a fee of thirty dollars ($30.00) per year.

The fees set forth in this Section shall not be prorated.

Section 400.1850 Permits — Compliance.

[Zoning Order §5.430, 4-2-2008]

Inspection.

The County shall regularly inspect the premises of sexually oriented business in order to ensure compliance with the provisions of this Article. An applicant or permittee shall allow the Director or his or her designee, representatives of any Law Enforcement Agency or the Health Department to inspect the premises during the hours allowed for business and at other reasonable times. Such inspection shall be limited to visual assessment of the activities conducted in areas to which patrons have access or are allowed access; to requests for inspection of the permits required under this Article; and to requests for identification of those individuals who reasonably appear to be under the age of eighteen (18).

Visual inspection behind any locked doors shall be solely to ensure that no activity for patrons is occurring in those areas.

It shall be unlawful for a person who operates a sexually oriented business or his or her agent or employee to refuse to promptly permit such lawful inspection of the premises. A violation of this Subsection is a misdemeanor.

Compliance With Other Regulations. It shall be the duty of any sexually oriented business operator's permittee to comply with the applicable building codes, zoning, fire, health and property maintenance ordinances of the County or any other political subdivision exercising jurisdiction. Failure to continue compliance with the ordinances or regulations after notification of non-compliance has been delivered to the business by the County may be a basis for suspension, revocation or non-renewal of the permit.

Permittee's Duty To Monitor Business And Premises.

It is and shall be the affirmative duty of each sexually oriented business operator's permittee, employee and manager to:

Allow the business to be open to customers only when there is a designated shift leader; the name of the shift leader at any time shall be prominently displayed at or near the manager's station;

Ensure that all lighting, including theater runway/aisles lighting, required by this Article actually operates, with working bulbs, turned on, during all hours when the business is open;

Post and enforce a "no loitering" policy on the business premises, including parking areas and other exterior parts of the business premises;

Prevent and ensure that no sexual activity, including actual sexual conduct, normal or perverted acts of human masturbation, deviate sexual intercourse, sexual intercourse, or physical contact, in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.), takes place on the business premises, whether in or out of public view;

Prevent and ensure that no prostitution or solicitation for prostitution takes place on the business premises, whether in or out of public view;

Prevent and ensure that no gambling takes place on the business premises;

Prevent any unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the business premises;

Prevent any sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises;

Prevent persons under eighteen (18) years of age from entering the business premises or the portion or portions thereof which contain adult media, adult live entertainment or sexually-oriented toys and novelties;

Prevent the display of sexually explicit materials inside the business premises that are viewable from a public place or viewable within portions of the business open to the general public;

Prevent and ensure that no person engages in sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.) or causes any bodily discharge of semen, urine or feces while in any sexually oriented business, excepting the discharge of urine or feces in a bathroom or restroom meeting the County's building code;

Allow Law Enforcement Officers, Code Enforcement Officers, Health Officers or other representatives of the County or other public agencies full access to the business premises at any time during business hours for purposes of inspection to ensure compliance with this Article and other applicable laws; and

Ensure that doors in adult motion picture theaters are designed and maintained so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the employee or shift leader can release the lock at his or her own volition or at the request of a Law Enforcement Officer, Code Enforcement Officers, Health Officers or County Inspector and ensure that lobbies remain unlocked at all times that the adult motion picture theater is in operation.

It shall be unlawful for any person to engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.) or cause the bodily discharge of semen, urine or feces while in any sexually oriented business, excepting the discharge of urine or feces in a bathroom or restroom meeting the County's building code.

No person possessing a permit under this Article shall warn or inform any person on the business premises of the presence of any Law Enforcement Officer, Code Enforcement Officers, Health Officers or County Inspector in connection with the enforcement of the provisions of this Article by any means including, but not limited to, any electrical, mechanical or other device whether or not the device is constructed, installed or located on the premises.

The permit and the standards of operation, affirmative duties and other requirements of this Article shall apply to any entire business operation and its premises, regardless of the fact that some parts of the business operation, if conducted separately at a different location, would not be subject to permitting under this Article.

Failure to comply with the requirements of this Section and all other requirements of this Article is unlawful and a violation of this Article and shall be grounds for suspension, revocation or non-renewal of a permit pursuant to the provisions of this Article.

No permittee, employer, manager shall be held responsible for violations of this Section unless they knowingly allowed said violations to occur or willfully ignored the activity leading to said violations.

Standards Of Conduct And Operation For Adult Cabarets.

The following standards of conduct must be adhered to by employees of any adult cabaret while on the business premises:

Dancing or another live entertainment distinguished or characterized by an emphasis on the display, depiction or description of specified anatomical areas for observation by customers shall take place only in a location and manner meeting all of the following conditions:

In a theater or open room of at least six hundred (600) square feet;

On a stage elevated at least twenty-four (24) inches above the level on which patrons sit or stand; and

With a horizontal separation of at least three (3) feet between the performing area, as defined by the edge of the stage or by a rail or other physical barrier on the stage and the nearest space to which customers shall have access.

No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area unless separated at least three (3) feet from the nearest customer.

No employee or entertainer shall perform or engage in any sexual activities including actual sexual conduct; normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area or 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, as such terms are defined in the pornography and related offenses Chapter of the State's Criminal Code (Chapter 573, RSMo.) on the premises.

No employee or entertainer shall display any specified anatomical area except as provided for in Subsection (D)(1)(a) and (b) of this Section.

No employee or entertainer who is not separated from any and all customers as provided in Subsection (D)(1)(b) of this Section shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection (D)(1)(b) of this Section in an area of the business premises not open to customers.

No employee or entertainer shall knowingly touch any specified anatomical area of another person or knowingly permit another person to touch any specified anatomical area of the employee or entertainer. No employee or entertainer shall knowingly fondle or caress any specified anatomical area of another person, whether the area is clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether the specified anatomical area is clothed, unclothed, covered or exposed.

No employee or entertainer shall wear or use any device or exposed to view which simulates any specified anatomical area.

No employee or entertainer shall use artificial devices or inanimate objects to display, depict or perform any specified sexual activities.

No entertainer of any adult cabaret shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, while the entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area or while performing any entertainment, either while clothed or unclothed.

No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Article.

No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:

While the entertainer is on the stage as provided in Subsection (D)(1)(a) of this Section, a customer may place the payment or gratuity in a box located between the stage and the horizontal separation described in Subsection (D)(1)(a); or

While such entertainer is not on the stage and is clothed so as to not expose to view any specified anatomical areas, a customer may either place the payment or gratuity into the entertainer's hand or under a leg garter worn by the entertainer at least four (4) inches below the bottom of the pubic region.

At any adult cabaret, the following are required:

A sign, on which upper-case letters shall be at least two (2) inches high and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance of the premises and shall read as follows:

	THIS ADULT LIVE ENTERTAINMENT BUSINESS IS REGULATED BY THE COUNTY OF JEFFERSON
	ENTERTAINERS ARE:

Not permitted to engage in any type of sexual activities on the business premises or in prostitution.

Not permitted to be unclothed or in less than opaque or complete attire, costume 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 or genitals, unless separated at least three (3) feet from the nearest customer and upon a stage at least twenty-four (24) inches above the immediate floor level.

Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:

While the entertainer is on the stage, by placing the payment or gratuity into the box affixed to the stage; or

While the entertainer is not on the stage, by either placing the payment or gratuity into the entertainer's hand or under the entertainer's leg garter.

Neither any entertainment nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from any public place outside the premises.

The premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) foot-candle as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.

Location And Manner Of Presenting Certain Videos And Motion Pictures.

No motion picture or video which depicts as a prevailing practice, the movies, videos or other material distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein shall be shown for a fee (whether collected per feature, per unit of time or as a general admission charge to a facility) in any space of less than one hundred fifty (150) square feet.

This Section does not apply to the showing of informational videos by professionals licensed by the State to clients who pay a fee for service, where the showing of the videos is incidental to a professional service and not the subject of separate consideration from the patron.

Doors in adult motion picture theaters shall be designed so that they cannot be locked by customers or otherwise locked from the inside while the business is open. This shall not preclude a management-controlled locking system used to limit access to the theater portion of the premises, provided that at any time the shift leader can release the lock at her or his own volition or at the request of a Law Enforcement Officer, Code Enforcement Officer, Health Officer or County Inspector and lobbies shall remain unlocked at all times that the adult motion picture theater is in operation.

All aisles in adult motion picture theaters shall have theater runway/aisle lighting which illuminates the entire floor surface of the aisle at a level not less than two-tenths (0.2) foot-candle.

Any motion picture arcade booth establishment or motion picture arcade booth, which is the subject of a certificate of legal non-conformance, shall be exempt from this Section as a legal non-conforming use and shall be subject to the provisions of Section 400.1850(F).

Operation Of Motion Picture Arcade Establishments.

If any motion picture arcade booth exists on the permitted premises, the permittee shall have the following additional affirmative duties in the operation of the business:

Ensure that each motion picture arcade booth shall have at least one (1) side which is completely open to adjacent public rooms or adjacent hallways and meets all the following conditions:

The adjacent hallway shall meet the requirements of the County building code and the adjacent hallway must serve more than one (1) motion picture arcade booth;

The open side of each motion picture arcade booth shall be completely open to adjacent public rooms or adjacent hallways and the open side of each motion picture arcade booth shall be not less than twenty-four (24) inches in width and not less than eighty (80) inches in height as measured from the level of the floor of the booth.

Then entire floor area of the interior of each motion picture arcade booth shall have a uniform elevation and the elevation of the entire floor area of the interior of each motion picture arcade booth shall be uniform with the floor elevation of adjacent public rooms or adjacent hallways.

No furniture of any kind shall be positioned in a booth with the exception of one (1) chair or seating platform meeting the requirements of this Section;

A chair or seating platform authorized under this Section to be used in a booth shall rest on the floor of the booth and the surface of the seat, including any cushion or other padding on the chair or seating platform, shall not exceed nineteen (19) inches in height as measured from the surface of the floor;

The back rest of any chair or seating platform used in a booth shall not exceed thirty-six (36) inches in height as measured from the surface of the floor nor exceed eighteen (18) inches in width;

No chair or seating platform used in a booth shall be equipped with armrests, shades, canopies or any other device which obstructs the view of a person's lap while the person is seated on the chair or seating platform.

Ensure that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth shall not be obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device, except as follows:

All doors shall be so swung upon their hinges and constructed that said doors shall open outward;

All doors shall at no time be locked or constructed in such a manner that the occupant may lock himself/herself into the viewing area;

A door to the viewing area may be constructed so as to reduce the visibility of the entertainment afforded in the viewing room from persons outside the viewing area, but shall be constructed as to permit easy inspection of the viewing area by persons in the aisle and to determine that not more than one (1) person is occupying the viewing area. To this end, the door to the viewing area shall not extend below twenty-four (24) inches above the floor and the door shall contain a window consisting of a translucent material which is at least twenty (20) inches in height and eighteen (18) inches in width and whose lower edge shall be located approximately forty-eight (48) inches from the floor level, through which a human form may be readily ascertainable. A required constant light level of at least four (4) foot-candles at floor level as well as a continuous unobstructed view through the door windows must be maintained and not subject to alteration, obscuring or diminution by any acts of any patrons, employees, agents or representatives of the licensee. Any such occurrence of a reduction in the ability to inspect these viewing rooms through an act of omission or commission by any person shall be considered a violation of the intent of this administrative determination and likewise of this Section of the Order.

Specifications of the viewing window referred to in Subsection (F)(1)(b)(3) above are as follows:

Not less than twenty (20) inches in height (vertical);

Section 400.1860 Permits — Enforcement.

Not less than eighteen (18) inches in width (horizontal);

(c)

The lower edge shall be positioned approximately forty-eight (48) inches from the floor;

(d)

The translucency of this window shall create an ease and range of view from the outside that is at least equal to a sample known as Rohm and Haas three-sixteenths (3/16) inch acrylic DP-32.

Ensure that the hallways and public rooms adjacent to motion picture arcade booths shall be illuminated in such a way that the entire area inside each motion picture arcade booth is visible to persons in adjacent public rooms or adjacent hallways;

Ensure that no more than one (1) person occupies a motion picture arcade booth at one (1) time and if more than one (1) person is found in a motion picture arcade booth, that those persons are immediately escorted from the establishment;

Ensure that there are no openings in the walls between motion picture arcade booths, which shall include the duty to cover immediately any opening that is found; and each business day, to inspect the walls between the motion picture arcade booths to determine if any openings or holes exist;

Ensure that there is at least one (1) employee on duty and situated in the manager's station or walking through the hallways adjacent to the motion picture arcade booths at any time that any booth is occupied;

Ensure that the manager or employee on duty shall make a visual inspection of the inside of each motion picture arcade booth at least once each hour during the hours of operation and maintain a daily log to record the time, a description of the conditions found and the name and signature of the person who conducted the visual inspection;

Ensure that there are no porous surfaces on the floors, walls or seats in any motion picture arcade booth;

Ensure that the manager or other employee on duty can actually see the unobstructed interior of every motion picture arcade booth from the manager's station or from a hallway accessible to the public. This duty shall include the duty to remove any obstacle blocking the view, to repair any electronic device providing such view and, where the prompt removal or repair is not possible, to close to public use the affected motion picture arcade booth(s) until full visibility of the interior can be re-established;

Ensure and prevent any person occupying a motion picture arcade booth from engaging in any "specified sexual activities" or causing any bodily discharge of semen, urine or feces while inside the motion picture arcade booth; and

Ensure and prevent the presence of any video production, reproduction or transmission equipment in any restroom in the establishment.

It shall be unlawful for any person occupying a motion picture arcade booth to engage in any specified sexual activities or to cause any bodily discharge of semen, urine or feces while inside the motion picture arcade booth.

Establishments with "media rooms", "preview rooms" or other spaces, because they are nominally designed to seat ten (10) or more people, shall have until sixty (60) days after the enactment date of this Article to remove the doors from those rooms and to take other actions to bring those spaces into compliance with Subsection (F)(1)(a), (b) and (c). As an alternative, the establishment may replace those rooms with not more than the number of motion picture arcade booths existing in the same space prior to the enactment date of this Article, provided that each and every replacement motion picture arcade booth shall fully conform to the requirements of this Section and particularly with Subsection (F)(1)(a), (b) and (c); any booths created by conversion under this Section shall be treated as legal non-conforming uses, as though they had existed continuously from the date of enactment of this Article.

This Section shall apply only to motion picture arcade booth establishments and motion picture arcade booths which qualified as legal non-conforming uses on the date of the enactment of this Article and which are the subject of an appropriate certificate of legal non-conformance. Any motion picture arcade booth establishment or motion picture arcade booth which is the subject of a certificate of legal non-conformance shall be exempt from the provisions of Section 400.1850(E) but shall be subject to the provisions of this Section 400.1850(F).

[Zoning Order §5.440, 4-2-2008]

Motion Picture Arcade Booth Establishments — Additional Enforcement. In addition to the enforcement procedures set forth in Section 400.1860(G) and Sections 400.1860(B) through (E) of this Article, the Director may enforce the provisions of this Article pertaining to motion picture arcade establishments through the following administrative enforcement procedure:

The Director or an authorized representative may issue a written notice and order to the owner, operator, manager or person in charge of a motion picture arcade booth establishment of any violation of the requirements or duties set out in this Article requiring that at least one (1) side of each motion picture arcade booth shall be completely open, that the surface of all walls between booths be maintained free of holes or other structural openings, that the visibility from adjacent public rooms or adjacent hallways into each motion picture arcade booth through the open side of the booth is not obstructed by any temporary or permanent curtain, door, wall, enclosure, chair or other device and that no more than one (1) person occupy a booth at any one (1) time. The notice and order shall set forth the alleged violations of this Article, describe the premises where the violations are alleged to exist and specify a period of forty-eight (48) hours from the time of service of the notice and order for the correction of any violation alleged. If the booth walls are found to have holes during three (3) separate inspections, then the Director may order that the surface of all walls between booths be covered with no thinner than sixteen-hundredths (.16) gauge metal.

The notice and order shall be served upon the owner, operator or person in charge of the motion picture arcade booth establishment by delivery of a copy of the notice and order to such owner, operator, manager or person in charge of a motion picture arcade booth establishment or by leaving such copy at their usual place of abode with a member of the family over the age of fifteen (15) years or by mail addressed to the owner, operator or person in charge or agent thereof. If service is by mail, the notice and order will be deemed to have been served seventy-two (72) hours after it was placed in the U.S. mail. If one (1) or more persons to whom such notice and order is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice and order in or about the premises described in the notice and order and by causing such notice and order to be published in a newspaper of general publication. If service is by posting and publication, the notice and order will be deemed to have been served seventy-two (72) hours after posting or publication, whichever occurs later.

If the Director or authorized designee finds that the alleged violation still exists after forty-eight (48) hours from the time of service, the Director or his or her designee may order the closure of the portion of the establishment containing the booths and shall prominently post notice of the closure on the premises. Any closure shall remain in effect until the Director determines that the violations have been abated. If the owner, operator, manager or person in charge of the establishment believes that the violations have been abated but the Director disagrees, the owner, operator, manager or person in charge may request a hearing in writing. The hearing shall be before the Board of Zoning Adjustment and shall be provided within ten (10) days of receipt of the written request. The Board of Zoning Adjustment may from time to time establish rules governing the conduct of the hearings.

To prevent a stay or closure, the owner, operator, manager or person in charge of the motion picture arcade booth establishment may request a hearing within forty-eight (48) hours of the time of service of a notice and order. The request for a hearing must be in writing. The hearing shall be before the Board of Zoning Adjustment and shall be provided within ten (10) days of receipt of the written request. The filing of a written request for a hearing shall stay the Director's power to order closure until after the hearing is concluded and an administrative decision has issued finding a violation enforced under this Section. The Board of Zoning Adjustment may from time to time establish rules governing the conduct of the hearings.

Hearing For Assessment Of Points, Suspension, Revocation Or Non-Renewal Of Permit — Hearing Procedures.

Scheduling hearings. When the Director has information that:

Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twelve (12) points within the previous six (6) months under Section 400.1860(D) of this Article;

Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twenty-four (24) points within the previous twelve (12) months under Section 400.1860(D) of this Article;

A permittee has filed a request with the Director for a hearing after the assessment of any points under Section 400.1860(D) of this Article;

Any material representation on the permit application was untrue;

The permittee or the permittee's spouse or any partner, officer, director or member, beneficiary or person with greater than five percent (5%) ownership interest in the sexually oriented business has another permit revoked under this Article;

The permittee or any spouse, partner, officer, director or member, beneficiary or person with greater than five percent (5%) ownership interest in the sexually oriented business has within the previous ten (10) years been convicted of, or remains under confinement for, any felony, misdemeanor ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses as defined in the State of Missouri's Criminal Code, Chapters 556 to 600, RSMo., inclusive, or similar Statutes in the other States or controlled substance or illegal drugs or narcotics offenses as described in the State of Missouri's Comprehensive Drug Control Act, Chapter 195, RSMo.;

The permittee has been suspended three (3) other times during the previous twelve (12) month period under Section 400.1860(C) of this Article; or

Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than thirty-six (36) points within the previous twenty-four (24) months under Section 400.1860(D) of this Article;

then the Director shall after no less than ten (10) days' written notice to the permittee hold a hearing in the manner provided in this Article to ascertain all facts in the matter. Notice of the hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the permittee's last known address. If the Director is not able to serve notice upon the permittee in person and any notice sent by mail is returned by the postal service, the Director shall cause such notice to be posted at the principal entrance of the sexually oriented business and the posting shall be a valid means of service. If the Director finds and concludes from the evidence that the permittee has violated any of the provisions contained in this Subsection or Subsections (C) or (D), he or she may affirm or reverse the assessment of any point against a permittee pursuant to the provisions of Subsections (C) or (D) or suspend or revoke the permit issued under this Article or, in case of renewal application, refuse to renew the permit.

Hearing procedures. The following procedures shall apply to all hearings conducted under this Section:

The burden of proof in a hearing involving the possible assessment of points, suspension, revocation or non-renewal of a permit issued under this Article shall be "by the preponderance of the evidence", regardless of the fact that some of the criteria for suspension or revocation refer to acts that may be criminal in nature and that thus would involve a higher standard of proof in another context. The Director may take administrative notice of any conviction of a crime or civil infraction pertinent to the proceedings.

The applicant, permittee or an owner, as the case may be, shall have full right to be represented by counsel, produce witnesses and other evidence and to cross-examine witnesses. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The Director may receive evidence relevant to the issues from the applicant, permittee or from other sources. Witnesses may be subpoenaed and, upon request of any party, the Board of Zoning Adjustment shall issue subpoenas and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the Circuit Court.

If a hearing is held under the provisions of this Article, then the Director shall issue findings of fact and conclusions of law and an order wherein he or she may approve or disapprove an application or dismiss a complaint, affirm or reverse the assessment of points against a permittee or suspend or revoke a permit previously issued or renew or refuse to renew a permit previously issued. The Director's order shall be served upon the applicant or permittee, as the case may be, in person or by registered or certified mail to the applicant or permittee's last known address. If the Director is not able to serve the order upon the applicant, permittee or applicant for renewal permit in the manner stated in this Subsection and any notice sent by mail is returned by the postal service, the Director shall cause the order to be posted at the principal entrance of the sexually oriented business and that posting shall be a valid means of service. The Director's order shall also be posted thirty (30) days in the office of the County Clerk.

Review. Unless otherwise provided in this Article, any applicant or any other person aggrieved by the decision of the Director under the provisions of this Article may seek judicial review in a manner provided by law. The cost of a transcript of a hearing before the Director shall be paid by the party requesting the transcript.

Suspension, Revocation Or Non-Renewal Of Permit. Whenever the Director has information that:

An employee of a sexually oriented business has violated or knowingly allowed or permitted the violation of any of the provisions of this Article;

While acting as an employee of a sexually oriented business, there have been recurrent violations of provisions of this Article such that the employee of a sexually oriented business knew or should have known that such violations were committed;

A permit received by any person under the provisions of this Article was obtained through false statements in the application for such permit or renewal thereof;

A permittee under the provisions of this Article failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or

A permittee has become disqualified from having a permit by a conviction as provided by Section 400.1840 of this Article;

then the Director shall hold a hearing in the manner provided in this Article to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the permittee's last known address. If the Director finds and concludes from the evidence that the permittee has violated any of the provisions listed in this Section, he or she may suspend, for a period not to exceed ninety (90) days, or revoke the permit issued under this Article or, in the case of a renewal application, refuse to renew the permit.

Criteria For Suspension Of License.

The Director shall suspend the permit issued under this Article if the Director finds that:

Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twelve (12) points under Subsection (2) below within the previous six (6) months, or

Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than twenty-four (24) points under Subsection (2) below within the previous twelve (12) months.

Point system.

One (1) point shall be assessed and accumulated against the permit for each violation as determined by the Director of the following affirmative duties:

Section 400.1850(C)(1)(a). Business open to customers when there is no designated shift leader and/or failure to prominently display the shift manager's name at or near the manager's station.

Section 400.1850(C)(1)(b) and Section 400.1850(D)(2)(c). Failure to ensure proper lighting intensity, failure to ensure that all lighting, including theater runway/aisles lighting, actually operates with working bulbs turned on during all hours of business.

Section 400.1850(C)(1)(c). Failure to post and enforce "no loitering" signage; and Section 400.1850(D)(2)(a). Improper display of signage.

Section 400.1850(C)(1)(j). Failure to prevent the display of sexually explicit materials inside the business premises from being viewable from a public place or viewable within portions of the business open to the general public.

Section 400.1850(D)(1)(a).

Allowing live entertainment in a theater or open room less than six hundred (600) square feet.

Failure to elevate stage twenty-four (24) inches above the area where patrons sit or stand.

(c)

Failure to maintain a horizontal separation of at least three (3) feet between the performing area and nearest costumer access area.

Section 400.1850(D)(1)(g). Employees wearing devices or coverings exposed to view which simulate any specified anatomical areas.

Section 400.1850(D)(1)(i). Allowing employee to be visible from any public place while performing or while in an unclothed state.

(8)

Section 400.1850(D)(2)(b). Entertainment, photograph, drawing, sketch or other pictorial or graphic representation therefore displaying any specified anatomical area being visible from any public place outside the premises.

(9)

Section 400.1850(E)(1). Motion picture, movie, video or other material which depicts as a prevailing practice or is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons for a fee in any space of less than one hundred fifty (150) square feet.

(10)

Section 400.1850(E)(3). Doors in adult motion picture theaters not designed to keep customers from locking them from the inside while the business is open.

(11)

Section 400.1850(E)(4). Aisles in adult movie theaters shall have theater runway/aisle lighting illuminating the entire floor surface of the aisle at a level not less than two-tenths (0.2) foot-candles.

(12)

Section 400.1850(F)(1)(a). Improper booth construction and seating design.

(13)

Section 400.1850(F)(1)(c). Hallways and public rooms adjacent to motion picture arcade booths are not properly illuminated.

(14)

Section 400.1850(F)(1)(b), (g) and (i). Improper or lack of invisibility due to improper door or window construction, defective surveillance equipment or lack of due diligence by shift manager. Failure to maintain activity logs.

(15)

Section 400.1850(F)(1)(f). Customer occupancy of a video booth in the absence of an employee on duty in the manager's station or adjacent hallways.

(16)

Section 400.1850(F)(1)(h). Porous surfaces on the floors, walls or seats in any motion picture arcade booth.

Two (2) points shall be assessed and accumulated against the permit for each violation as determined by the Director of the following affirmative duties:

Section 400.1850(C)(1)(f). Failure to ensure that no gambling takes place on the business premises.

Section 400.1850(C)(1)(h). Sale, distribution, delivery or use of any alcoholic beverages of any kind on the business premises in the absence of a liquor license.

Section 400.1850(C)(1)(i). Presence of persons under eighteen (18) years of age.

Section 400.1850(C)(1)(m). Doors in adult motion picture theaters not designed and maintained to stay unlocked.

Section 400.1850(D)(1)(b). Employees or entertainers unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area unless separated at least three (3) feet from the nearest customer.

Section 400.1850(D)(1)(d). Employee or entertainer displaying any specified anatomical area except as provided for in Sections 400.1850(D)(1)(a — b).

Section 400.1850(D)(1)(e). Employee or entertainer in less than opaque and complete attire, costume or clothing in any area of the business not open to customers and not separated as from customers as set out in Section 400.1850(D)(1)(b).

(8)

Section 400.1850(D)(1)(f). Inappropriate touching of specific anatomical areas between an employee or entertainer and a customer.

(9)

Section 400.1850(D)(1)(h). Use of an artificial device or inanimate object to display, depict or perform any specified sexual activities.

(10)

Section 400.1850(D)(1)(j) and (k). Soliciting payment or gratuity for prohibited acts or improper contact receiving a gratuity.

(11)

Section 400.1850(F)(1)(e). Presence of opening in the wall between picture arcade booths. Failure to inspect correct same.

Unless otherwise provided in this Section, three (3) points shall be assessed and accumulated against the permit for each violation as determined by the Director of the following affirmative duties:

Sections 400.1850(C)(1)(d); 400.1850(C)(1)(k); 400.1850(C)(2); 400.1850(D)(1)(c); 400.1850(F)(1)(j) and 400.1850(F)(2). Improper sexual activity in violation of Chapter 573, RSMo. Improper discharge of bodily fluids.

Section 400.1850(C)(1)(e). Solicitation for prostitution.

Section 400.1850(C)(1)(g). Unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the premises.

Section 400.1850(C)(3). Alerting, warning or informing any person on the business premises to the presence of any Law Enforcement Officer, Health Officer or County Inspector.

Section 400.1850(F)(1)(d). Occupancy of a motion picture arcade booth by more than one (1) person.