[Zoning Order §5.330, 4-2-2008]
A. Purpose. It is the purpose of this Article to regulate sexually oriented businesses and related activities to promote the health, safety, morals and general welfare of the citizens of the County of Jefferson, Missouri and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the unincorporated area of the County of Jefferson, Missouri. The provisions of this Article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution or Article
I, Section 8 of the Missouri Constitution or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. It is neither the intent nor effect of this Article to condone or legitimize the distribution of obscene material.
B. Findings. Based on evidence concerning the adverse secondary
effects of adult uses on the community presented in hearings conducted
by the County Commission on October 9, October 21, November 7 and
November 20, 2002, and in reports made available to the County Commission
and on findings incorporated in the cases of City of Erie v. Pap's
A.M., 529 U.S. 277, 146 L. Ed. 2d 265, 120 S. Ct. 1382 (2000); Barnes
v. Glen Theatre, Inc., 501 U.S. 560 (1991); City of Renton v. Playtime
Theatres, Inc., 475 U.S. 41 (1986); Arcara v. Cloud Books, Inc., 478
U.S. 697 (1986); Iacobucci v. City of Newport, Ky, 479 U.S. 92 (1986);
Young v. American Mini Theatres, 426 U.S. 50 (1976); California v.
LaRue, 409 U.S. 109 (1972); United States v. O'Brien, 391 U.S. 367
(1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997);
Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Hang On,
Inc. v. City of Arlington,, 65 F.3d 1248 (5th Cir. 1995); South Florida
Free Beaches, Inc. v. City of Miami, 734 F.2d 608 (11th Cir. 1984);
and N.W. Enterprises v. City of Houston, 27 F.Supp. 2d 754 (S.D. Tex.
1998), as well as studies conducted in other Cities and Counties including,
but not limited to, Kansas City, Missouri; Rochester, New York; Denver,
Colorado; Newport News, Virginia; St. Croix County, Wisconsin; Virginia
Beach, Virginia; New York, New York; Manatee County, Florida; Phoenix,
Arizona; St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas;
Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California;
Los Angeles, California; Whittier, California; Austin, Texas; Seattle,
Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont,
Texas; and findings reported in the Final Report of the Attorney General's
Commission on Pornography (1986), the Report of the Attorney General's
Working Group On the Regulation Of Sexually Oriented Businesses (June
6, 1989, State of Minnesota), the report to the American Center for
Law and Justice on the Secondary Impacts of Sexually Oriented Businesses
dated March 31, 1996; and statistics obtained from the U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
the Missouri Department of Health and the Jefferson County, Missouri
Health Department, the County Commission found that:
1. Sexually oriented businesses lend themselves to ancillary, unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make owners of these establishments responsible for the activities
that occur on their premises.
2. Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located. See, e.g., studies of the Cities
of Phoenix, Arizona; Indianapolis, Indiana; and Austin, Texas.
3. Persons frequent certain adult theaters, adult arcades and other
sexually oriented businesses for the purpose of engaging in sex within
the premises of such sexually oriented businesses. See, e.g., Arcara
v. Cloud Books, Inc., 478 U.S. 697, 698 (1986); see also Final Report
of the Attorney General's Commission on Pornography (1986) at 376-77.
4. At least fifty (50) communicable diseases may be spread by activities
occurring in sexually oriented businesses including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections
and shigella infections. See, e.g., Study of Fort Meyers, Florida.
5. As of December 2001, the total number of reported cases of AIDS in
the United States caused by the immunodeficiency virus (HIV) was eight
hundred sixteen thousand one hundred forty-eight (816,148). See, e.g.,
Statistics of the U.S. Department of Health and Human Services, Centers
for Disease Control and Prevention.
6. As of 1998, there were four hundred forty-seven (447) cases of AIDS
reported, seven hundred forty-six (746) hospitalizations for AIDS
and one hundred forty-five (145) deaths caused by AIDS in the State
of Missouri. See, e.g., Statistics of the Missouri Department of Health.
7. The total number of cases of genital chlamydia trachomatis infections
in the United States reported in 2001 was seven hundred eighty-three
thousand two hundred forty-two (783,242), a ten percent (10%) increase
over the year 2000. See, e.g., Statistics of the U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention.
8. The total number of cases of all stages of syphilis in the United
States reported during the five (5) year period 1997-2001 was one
hundred eighty-four thousand one hundred ninety (184,190). See, e.g.,
Statistics of the U.S. Department of Health and Human Services, Centers
for Disease Control and Prevention.
9. The number of cases of gonorrhea in the United States reported annually
remains at a high level, with a total of one million seven hundred
sixty-nine thousand eight hundred eleven (1,769,811) cases reported
during the period 1997 — 2001. See, e.g., Statistics of the
U.S. Department of Health and Human Services, Centers for Disease
Control and Prevention.
10. The Surgeon General of the United States in his or her report of
October 22, 1986, advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug use, exposure
to infected blood and blood components and from an infected mother
to her newborn.
11. According to the best scientific evidence available, AIDS and HIV
infection, as well as syphilis and gonorrhea, are principally transmitted
by sexual acts. See, e.g., Findings of the U.S. Department of Health
and Human Services, Centers for Disease Control and Prevention.
12. Sanitary conditions in some sexually oriented businesses are unhealthy,
in part, because the activities conducted there are unhealthy and,
in part, because of the unregulated nature of the activities and the
failure of the owners and operators of the facilities to self-regulate
those activities and maintain those facilities. See, e.g., Final Report
of the Attorney General's Commission on Pornography (1986) at 377.
13. Numerous studies and reports have determined that bodily fluids,
including semen and urine, are found in the areas of sexually oriented
businesses where persons view "adult" oriented films. See, e.g., Final
Report of the Attorney General's Commission on Pornography (1986)
at 377.
14. Sexual acts, including masturbation and oral and anal sex, occur
at sexually oriented businesses, especially those which provide private
or semi-private booths or cubicles for viewing films, videos or live
sex shows. See, e.g., California v. LaRue, 409 U.S. 109, 111 (1972);
see also Final Report of the Attorney General's Commission on Pornography
(1986) at 377.
15. Offering and providing such booths or cubicles encourages such activities,
which creates unhealthy conditions. See, e.g., Final Report of the
Attorney General's Commission on Pornography (1986) at 376-77.
16. Removal of doors on adult booths and requiring sufficient lighting
on the premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult establishments.
17. Nude dancing in adult establishments encourages prostitution, increases
sexual assaults and attracts other criminal activity. See, e.g., Barnes
v. Glen Theatre, 501 U.S. 560, 583 (1991).
18. Nude dancing in adult establishments increases the likelihood of
drug dealing and drug use. See, e.g., Kev, Inc. v. Kitsap County,
793 F.2d 1053, 1056 (9th Cir. 1986).
19. Alcohol consumption in adult establishments increases the likelihood
of crime, illegal drug use and illegal sexual activity and encourages
undesirable behavior that is not in the interest of the public health,
safety and welfare. See, e.g., Artistic Entertainment, Inc. v. City
of Warner Robins, 223 F.3d 1306, 1309 (11th Cir. 2000); Sammy's Ltd.
v. City of Mobile, 140 F.3d 993, 996 (11th Cir. 1998), cert. denied,
529 U.S. 1052, 146 L. Ed. 2d 459, 120 S. Ct. 1553 (2000).
20. When more than one (1) sexually oriented business use occupies the
same location or business address, the secondary effects caused by
such businesses are increased. Secondary effects are reduced or controlled
to a greater degree when only a single sexually oriented business
use is allowed to occupy the same location.
21. A 2002 survey conducted by the Jefferson County Health Department,
Office of the Sheriff of Jefferson County and the Jefferson County
Department of Land Use, Development and Code Enforcement of sexually
oriented businesses located in unincorporated Jefferson County found
that many of the potential secondary effects and community concerns
of sexually oriented businesses relate to the operation of those businesses,
including particularly the management of the business and the conduct
and behavior of its customers.
22. Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect the substantial
governmental concerns reported above.
23. A reasonable permitting procedure is an appropriate mechanism to
place the burden of reasonable regulation on the owners and operators
of sexually oriented businesses. Further, a reasonable permitting
procedure will place a presently non-existent incentive on owners
and operators of sexually oriented businesses to operate the sexually
oriented business in a manner consistent with the health, safety and
welfare of its patrons and employees, as well as the citizens of Jefferson
County. It is appropriate to require reasonable assurances that the
permittee is the actual operator of the sexually oriented business,
fully in possession and control of the premises and activities occurring
therein.
24. Through the issuance of permits, it is possible to directly address
operational issues by establishing standards of operation that will
provide guidance to operators and that will provide bench marks against
which to measure the performance of all operators of sexually oriented
businesses.
25. Through the issuance of permits, the County can address business
operations rather than the subject matter of books, films, videos
or other media offered therein. The County has consciously not brought
under this Article some types of businesses which offer significant
quantity and variety of sexually-oriented books, magazines, videos
and other media, because such businesses do not have the characteristics
of sexually oriented businesses, as identified through the County's
own survey.
26. The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases
and criminal activity.
27. It is desirable, in the prevention of crime and the spread of communicable
diseases, to obtain a limited amount of information regarding certain
employees who may engage in the conduct this Chapter is designed to
prevent or who are likely to be witnesses to such activity.
28. It is necessary to require a manager on the premises of establishments
offering certain kinds of adult entertainment at such times as such
establishments are offering adult entertainment to have a permit so
that there will be an individual responsible for the overall operation
of the establishment, including the actions of customers, entertainers
and other employees.
29. It is necessary to require entertainers and employees in the sexually
oriented business industry to have a permit in order to prevent the
exploitation of minors, to ensure that each entertainer or employee
is an adult and to ensure that each entertainer or employee have not
assumed a false name, which would make regulation difficult or impossible.
30. The permit fees required in this Article are nominal fees imposed
as necessary regulatory measures designed to defray the substantial
expenses incurred in processing applications for permits issued under
this Article.
31. The general welfare, health, morals and safety of the citizens of
this County will be promoted by enactment of this Article.
32. The requirements of this Article advance the public health, safety
and welfare by providing neutral regulations governing the conduct
of sexually oriented businesses within unincorporated Jefferson County.
[Zoning Order §5.340, 4-2-2008]
A. This
Article is enacted pursuant to Sections 64.800 to 64.900 and Section
192.300, RSMo.
1. Section
400.1780 through Section
400.1830, location, signage, exterior of sexually oriented businesses, hours of operation, persons under eighteen (18) prohibited from entry and non-conforming uses, shall be enforced by the Department of Land Use, Development and Code Enforcement.
2. Section
400.1840 through
400.1860, regarding permits, shall be enforced by the Jefferson County Health Department.
B. This
Article shall apply to the unincorporated area of the County of Jefferson,
Missouri.
[Zoning Order §5.350, 4-2-2008; Ord. No. 11-12-2008A
§§1 — 2(5.350), 11-12-2008]
The following words, terms and phrases, when used in this Division,
shall have the meanings ascribed to them in this Division, except
where the context clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors,
videos or other image-producing devices are maintained to show images
to five (5) or fewer persons per machine at any one (1) time and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
Any business, commercial establishment or premises that,
has as a substantial or significant portion of its stock in trade
or has as one (1) of its primary or principal business purposes, offers
for sale or rental for any form of consideration any one (1) or more
of the following:
1.
Books, magazines, periodicals or other printed matter or photographs,
films, motion picture, video cassettes or video reproductions, slides,
digital video disc, computer disc or other visual representations
that depict or describe specified sexual activities or specified anatomical
areas; or
2.
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities.
A principal business purpose exists if materials offered for
sale or rental depicting or describing specified sexual activities
or specified anatomical areas generate twenty percent (20%) or more
of the business's income or account for twenty percent (20%) or more
of inventory or occupy twenty percent (20%) or more of gross total
floor area. A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one (1) of its principal business
purposes is the offering for sale or rental for consideration the
specified materials that depict or describe specified sexual activities
or specified anatomical areas.
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ADULT CABARET
An adult live entertainment facility or that part of a live
adult entertainment facility, which may include a nightclub, bar,
restaurant, cafe or similar establishment, that regularly, commonly,
habitually or consistently features or otherwise offers to the public,
customers or members in a viewing area, any live exhibition, performance
or dance by persons whose exhibition, performance or dance includes
any of the following:
1.
Persons who appear in a state of nudity or semi-nudity; or
2.
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
3.
Films, motion pictures, video cassettes, slides, digital video
discs, photographic reproductions or other image-producing devices
that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; or
4.
Persons who engage in erotic dancing or performances that are
intended for the sexual interests or titillation of an audience or
customers.
ADULT LIVE ENTERTAINMENT FACILITY
Any building, structure or facility which contains or is
used for commercial entertainment, including theaters used in presenting
live presentations, predominately distinguished or characterized by
their principal emphasis on matter displaying, depicting, describing
or relating to specified sexual activities or specified anatomical
areas and including adult cabaret facilities providing a live presentation,
where customers observe any live presentation of any person wholly
or partially nude with their genitals or pubic region exposed or covered
only with transparent covering and additionally, in the case of a
female person, with the areola and nipple of the breast exposed or
covered only with transparent covering or observe specified sexual
activities.
ADULT MOTEL
A hotel, motel, building or portion of a building, structure,
facility or similar commercial establishment that:
1.
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, digital video discs
or other photographic reproductions that are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way
that advertises the availability of this adult type of photographic
reproductions; or
2.
Offers a sleeping room for rent for a period of time that is
less than eighteen (18) hours; or
3.
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than eighteen (18) hours.
ADULT MOTION PICTURE THEATER
A building or portion of a building (including any portion
of a building which contains more than one hundred fifty (150) square
feet) where films, motion pictures, movies, video cassettes, slides,
digital video discs or similar photographic reproductions or other
projected images are regularly, commonly, habitually or consistently
shown that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment that regularly, commonly, habitually or consistently
features persons who appear, in person, in a state of nudity or semi-nudity
or live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
CUSTOMER
Any person who:
1.
Is allowed to enter a sexually oriented business in return for
the payment of an admission fee or any other form of consideration
or gratuity;
2.
Enters a sexually oriented business and purchases, rents or
otherwise partakes of any merchandise, goods, entertainment or other
services offered therein; or
3.
Is a member or guest of and on the premises of a sexually oriented
business operating as a private club.
DIRECTOR
The person employed by the County of Jefferson, Missouri,
designated by the County Executive or the person employed by the Jefferson
County Health Department as may be designated to perform the duties
of the Director under this Article.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not the said person
is paid a salary, wage or other compensation by the operator of said
business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment
on the premises or for the delivery of goods to the premises, nor
does "employee" include a person exclusively on the
premises as a patron or customer. The term "employee" includes any manager.
ENTERTAINER
Any person who provides adult live entertainment within an
adult live entertainment facility, whether or not a fee is charged
or accepted for entertainment.
ENTERTAINMENT
Any display, exhibition or dance of any type, pantomime,
modeling or any other performance.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person who or business association that furnishes, offers
to furnish or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
1.
The opening or commencement of any sexually oriented business
as a new business;
2.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
3.
The additions of any sexually oriented business to any other
existing sexually oriented business;
4.
The relocation of any sexually oriented business; or
5.
A sexually oriented business or premises on which the sexually
oriented business is located.
GROSS TOTAL FLOOR AREA
The total area of the building accessible or visible to the
public, including show rooms, motion picture theaters, motion picture
arcades, service areas, behind-counter areas, storage areas visible
from such other areas, restrooms (whether or not labeled "public"),
areas used for cabaret or similar shows (including stage areas), plus
aisles, hallways and entryways serving such areas.
LICENSED DAY CARE CENTER
A facility licensed by the State of Missouri, whether situated
within the County or not, that provides care, training, education,
custody, treatment or supervision for more than twelve (12) children
under fourteen (14) years of age, where such children are not related
by blood, marriage or adoption to the owner or operator of the facility.
MANAGER
Any person who manages, directs, administers or is in charge
of the affairs or conduct of any portion of any activity occurring
at any sexually oriented business.
MATERIAL
Anything printed or written or any picture, drawing, photograph,
motion picture film, videotape or videotape production or pictorial
representation or any statue or other figure or any recording or transcription
or any mechanical, chemical or electrical reproduction or anything
that is or may be used as a means of communication. Material includes
undeveloped photographs, molds, printing plates and other latent representational
objects.
MEDIA
Anything printed or written or any picture, drawing, photograph,
motion picture film, videotape or videotape production or pictorial
representation or any electrical or electronic reproduction of anything
that is or may be used as a means of communication. Media includes,
but shall not be limited to, books, newspapers, magazines, movies,
videos, sound recordings, CD-roms, digital video discs, laser discs,
other magnetic media and undeveloped photographs.
MOTION PICTURE ARCADE BOOTH
Any booth, cubicle, stall or compartment which is designed,
constructed or used to hold or seat a person and is used for presenting
or viewing motion pictures or viewing publications which are distinguished
or characterized by an emphasis on the display, depiction or description
of specified sexual activities or specified anatomical areas by any
photographic, electronic, magnetic tape, digital or other medium (including,
but not limited to, film, video, magnetic tape, laser disc, digital
video disc, CD-rom, books, magazines or periodicals) for observation
by patrons therein. The terms "booth", "arcade
booth", "preview booth", "video
arcade booth" and "media room" shall be
synonymous with the term "motion picture arcade booth". A motion picture arcade booth shall not mean a theater, movie house,
playhouse or a room or enclosure or portion thereof which contains
more than one hundred fifty (150) square feet of area. No part of
this definition shall be construed to permit more than one (1) person
to occupy a motion picture arcade booth at any time.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons for consideration.
NUDITY OR A STATE OF NUDITY
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals or vulva with
less than a fully opaque covering; or a female breast with less than
a fully opaque covering of any part of the areola; or human male genitals
in a discernibly turgid state even if completely and opaquely covered.
OPERATOR
Any person operating, conducting or maintaining a sexually
oriented business.
OWNER
The proprietor, if a sole proprietorship; all partners (general
and limited), if a partnership; all officers, directors and persons
holding five percent (5%) or more of the outstanding shares, if a
corporation; or all officers, directors, members and persons holding
five percent (5%) or more of any ownership interest, if a limited
liability company; or any beneficiary or trustee of a trust.
PERMITTEE
A person in whose name a permit has been issued, as well
as the individual listed as an applicant on the application for a
permit.
PERSON
An individual, proprietorship, partnership, corporation,
trust, incorporated or unincorporated association, limited liability
company, joint venture, governmental entity or other entity or group
of persons, however organized.
PREMISES
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots or parking garages adjacent thereto under the ownership, control or supervision of the permittee as described in the application for the permit to Sections
400.1840 through
400.1860 of this Article.
SEMI-NUDE OR SEMI-NUDITY
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit
or other wearing apparel provided the areola is not exposed in whole
or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one (1) of its
principal business purposes, offers for any form of consideration:
1.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
2.
Activities between persons of the opposite sex or persons of
the same sex when one (1) or more of the persons is in a state of
nudity or semi-nudity.
A principal business purpose exists if the services offered
are intended to generate business income.
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SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult live entertainment facility, adult motel, adult motion
picture theater, adult theater, escort agency, nude model studio or
sexual encounter center.
SPECIFIED ANATOMICAL AREAS
1.
The human male genitals in a discernibly turgid state, even
if fully and opaquely covered;
2.
Less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above
the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
1.
Any offense in Chapters 195, 566, 567, 568 and 573, RSMo., or
any similar controlled substance or sex-related offenses to those
described above under the Criminal or Penal Code of other States or
other countries.
2.
For which:
a.
Less than two (2) years have elapsed since the date of conviction,
plea of guilty, finding of guilt, successful completion of probation
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction or term of probation
is of a misdemeanor offense;
b.
Less than five (5) years have elapsed since the date of conviction,
plea of guilty, finding of guilt, successful completion of probation
or the date of release from confinement imposed for the conviction
or term of probation, whichever is the later date, if the conviction
is of a felony offense;
c.
Less than five (5) years have elapsed since the date of the
last conviction, plea of guilty, finding of guilt or the date of release
from confinement imposed for the last conviction, whichever is the
later date, if the convictions are for two (2) or more misdemeanor
offenses or combination of misdemeanor offenses occurring within any
twenty-four (24) month period.
3.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered;
2.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
3.
Masturbation, actual or simulated; or
4.
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
1.
The sale, lease or sublease of the business;
2.
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
3.
The creation of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[Zoning Order §5.360, 4-2-2008]
A. Sexually
oriented businesses shall be permitted in any planned industrial district
("PI") provided that:
1. The sexually oriented business may not be operated within:
a. One thousand (1,000) feet of a church, synagogue, mosque, temple
or building which is used primarily for religious worship and related
religious activities;
b. One thousand (1,000) feet of a public or private educational facility
including, but not limited to, licensed day care center, nursery schools,
preschools, kindergartens, elementary schools, private schools, intermediate
schools, junior high schools, middle schools, high schools, vocational
schools, secondary schools, continuation schools, special education
schools, junior colleges and universities; school includes the school
ground, but does not include the facilities used primarily for another
purpose and only incidentally as a school;
c. One thousand (1,000) feet of a public park or recreational area which
has been designated for park or recreational activities including,
but not limited to, a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, skating rink,
pedestrian/bicycle paths, wilderness areas or other similar public
land;
d. One thousand (1,000) feet of the property line of a lot zoned for
residential use as defined in the Uniform Development Order as "RA-5",
"LR-2", "R-40", "R-20", "R-10", "PR-1", "PR-2" and being devoted to
residential use;
e. One thousand (1,000) feet of another sexually oriented business;
or
f. One thousand (1,000) feet of any establishment that offers for sale
alcoholic beverages for on-premise consumption or provides for on-premise
consumption of alcoholic beverages.
2. A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business that is classified in accordance with Section
400.1850(A).
3. For the purpose of this Article, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property boundary of the premises described in Subsections
(1)(a —
b) or to the nearest property boundary described in Subsections
(1)(c —
d).
4. For purposes of Subsection
(3) of this Section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
[Zoning Order §5.370, 4-2-2008]
A. Notwithstanding
any other ordinance, code or regulation to the contrary, it shall
be unlawful for the operator of any sexually oriented business or
any other person to erect, construct or maintain any sign for the
sexually oriented business other than the one (1) primary sign and
one (1) secondary sign as provided herein.
B. Primary
signs shall have no more than two (2) display surfaces. Each such
display surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed seventy-five (75) square feet in area; and
4. Not exceed ten (10) feet in height or ten (10) feet in length.
C. Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner and may contain only the name of the
establishment.
D. Each
letter forming a word on a primary sign shall be of solid color and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E. Secondary
signs shall have only one (1) display surface. Such display surface
shall:
1. Be a flat plane, rectangular in shape;
2. Not exceed twenty (20) square feet in area;
3. Not exceed five (5) feet in height and four (4) feet in width; and
4. Be affixed or attached to any wall or door of the enterprise.
F. The provisions of Subsection
(B)(1),
(C) and
(D) shall also apply to secondary signs.
G. Any
sign erected prior to the passage of the original Order on April 15,
2003, shall be considered a lawful non-conforming sign.
H. Violation
of any provision of this Section shall constitute a misdemeanor.
[Zoning Order §5.380, 4-2-2008]
A. It
shall be unlawful for an owner or operator of a sexually oriented
business to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
B. It
shall be unlawful for the owner or operator of a sexually oriented
business to allow the exterior portion of the sexually oriented business
to have flashing lights or any words, lettering, photographs, silhouettes,
drawings or pictorial representations of any manner except to the
extent permitted by the provisions of this Article.
C. It
shall be unlawful for the owner or operator of a sexually oriented
business to allow exterior portions of the establishment to be painted
any color other than a single achromatic color. This provision shall
not apply to a sexually oriented business if the following conditions
are met:
1. The establishment is a part of a commercial multi-unit center; and
2. The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
D. Nothing
in this Article shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually oriented business.
E. A
violation of any provision of this Section shall constitute a misdemeanor.
[Zoning Order §5.390, 4-2-2008]
A. It
shall be unlawful for any sexually oriented business to be conducted,
operated or otherwise open to the public, customers or members between
the hours of 3:00 A.M. and 6:00 A.M.
B. A
violation of any provision of this Section shall constitute a misdemeanor.
[Zoning Order §5.400, 4-2-2008]
A. It
shall be unlawful to allow a person who is younger than eighteen (18)
years of age to enter or be on the premises of a sexually oriented
business at any time the sexually oriented business is open for business.
B. It
shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
business's regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of eighteen (18) unless such attendant
asked for and was furnished:
1. A valid motor vehicle driver's license; or
2. A valid personal identification certificate issued by any State reflecting
that such person is eighteen (18) years of age or older.
C. Violation
of this Section shall constitute a misdemeanor.
[Zoning Order §5.410, 4-2-2008]
A. Any
business lawfully operating on the effective date of this Article
that is in violation of the locational requirements of this Article
shall be deemed a non-conforming use. The non-conforming use will
be permitted to continue, unless terminated for any reason or voluntarily
discontinued for a period of thirty (30) days or more. Such non-conforming
use shall not be increased, enlarged, extended or altered except that
the use may be changed to a conforming use.
B. A
sexually oriented business lawfully operating as a conforming use
is not rendered a non-conforming use by the location, subsequent to
the grant or renewal of the sexually oriented business permit, of
a church, synagogue or regular place of religious worship, public
or private elementary or secondary school, licensed day care center,
public park, residential district or use described in Section 400.1780(1)(a
— d, f) within one thousand (1,000) feet of the sexually oriented
business. This provision applies only to the renewal of a valid operator's
permit and does not apply when an application for an operator's permit
is submitted after an operator's permit has expired or has been revoked.
[Zoning Order §5.420, 4-2-2008; Ord. No. 11-12-2008A
§§1 — 2(5.420), 11-12-2008]
A. Classification. Sexually oriented business uses are classified
as either non-live entertainment or live entertainment, as follows:
1. Non-live entertainment shall include:
e. Adult motion picture theaters; or
f. Motion picture arcade booth establishments.
2. Live entertainment shall include:
e. Sexual encounter centers.
B. Sexually Oriented Business Operator's Or Employee's Permit Required.
1. It shall be unlawful:
a. For any person to operate or maintain a sexually oriented business
without a valid sexually oriented business operator's permit ("operator's
permit") issued by the Director pursuant to this Article;
b. For any person who operates a sexually oriented business to employ
a person to work or perform services on the premises of the sexually
oriented business, if such person is not in possession of a valid
sexually oriented business employee permit ("employee permit") issued
to such person by the Director pursuant to this Article;
c. For any person to obtain employment with a sexually oriented business
if such person is not in possession of a valid sexually oriented business
employee permit issued to such person by the Director pursuant to
this Article; or
d. For any entertainer, employer or manager to knowingly perform any
service or entertainment directly related to the operation of an unpermitted
sexually oriented business.
2. It shall be prima facie evidence that any sexually oriented business
that fails to have posted, in the manner required by this Article,
a sexually oriented business permit has not obtained a permit. It
shall be prima facie evidence that any entertainer, employee or manager
who performs any service or entertainment in a sexually oriented business
in which a permit is not posted in the manner required by this Article
had knowledge that the business did not have a permit.
3. It shall be a defense to Subsections
(B)(1)(b —
d) of this Section if the employment is of limited duration and for the sole purpose of repair or maintenance of machinery, equipment or the premises.
4. Violation of any provision within Subsection
(A) shall constitute a misdemeanor.
C. Application For Sexually Oriented Business Operator's Permit.
1. An application for a sexually oriented business operator's permit
shall be submitted in the name of the person proposing to conduct
or operate the establishment on the premises, shall be signed by the
applicant and notarized. All applications shall be submitted to the
Director on a form supplied by the Director and shall require the
following:
a. The application shall be accompanied by:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Payment of the application fee in full, with no proration or
refunds.
(6)
If the establishment is a State of Missouri corporation, a certified
copy of the articles of incorporation, together with all amendments
thereto.
(7)
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.
b. 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.
c. The business name, address, telephone number, and
(1)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state:
(a)
The sexually oriented business's fictitious name; and
(b)
Submit the required registration documents.
d. The names, residence addresses, residence telephone numbers and dates
of birth of:
(1)
All partners if the applicant is a partnership;
(2)
If the applicant is a corporation:
(a)
All officers, directors and all persons with greater than a
five percent (5%) voting and non-voting ownership interest in the
corporation;
(3)
If the applicant is a limited liability company:
(a)
All officers, directors, members and all persons with greater
than a five percent (5%) voting and non-voting ownership interest
in the company;
(4)
If the applicant is a trust:
(a)
All beneficiaries with greater than a five percent (5%) interest.
e. 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.
f. 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.
g. 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.
h. 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.
i. 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.
j. 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.
k. 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;
l. 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.
2. Failure to provide information required by Subsection
(C)(1) shall constitute an incomplete application and the application shall not be processed.
3. The applicant has an affirmative duty to supplement an application
with new information received subsequent to the date the application
was deemed completed.
4. Applications shall be submitted to the office of the Director or
the Director's designee during regular working hours.
5. 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.
6. 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.
7. 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).
8. 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:
a. 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.
b. The application shall be sworn to be true and correct by the applicant.
D. Application For Sexually Oriented Business Employee Permit.
1. 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:
a. 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;
b. 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.
c. 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.
d. 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.
e. 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.
f. 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:
(1)
A motor vehicle operator's license issued by any State bearing
the applicant's photograph and date of birth;
(2)
A State-issued identification card bearing the applicant's photograph
and date of birth;
(3)
An official passport issued by the United States of America;
(4)
An immigration card issued by the United States of America;
(5)
Any other picture identification issued by a governmental entity;
or
(6)
Such other form of identification as the Director deems, by
rule, to be acceptable.
2. Every application for a permit under this Article shall contain a
statement under oath that:
a. 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
b. The applicant has been provided a copy of this Article.
3. Failure to provide information required by Subsection
(D)(1) shall constitute an incomplete application and the application shall not be processed.
4. The applicant has an affirmative duty to supplement an application
with new information received subsequent to the date the application
was deemed completed.
5. Each application for an employee permit shall be accompanied by payment
of the application fee in full.
6. Applications shall be submitted to the office of the Director or
the Director's designee during regular working hours.
7. 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.
E. Notification Of Complete Application And Schedule For Hearing.
1. 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.
2. 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.
3. 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.
F. Criteria For Issuance Of A Permit.
1. 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:
a. 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;
b. 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;
c. The application is complete and appears to be truthful and accurate;
d. The application is accompanied by the required fee;
e. 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;
f. 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;
g. The proposed premises meets all other applicable health, safety,
building and fire codes and ordinances of the County or other political
subdivision exercising jurisdiction;
h. 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;
i. 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;
j. 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
k. The applicant has provided the Director with a designated agent for
service who can regularly be found in the County during normal business
hours.
2. 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.
3. Employee permit. The Director shall investigate
the application and shall issue the permit authorized by this Article
if the Director finds that:
a. 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.
b. The applicant has attained the age of eighteen (18) years.
c. 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.
d. The applicant has not had a permit issued under the provisions of
this Article revoked within five (5) years immediately preceding the
application.
G. Operator's Permit — Approval Or Disapproval — Review.
1. 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.
2. 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.
H. Employee Permit — Approval, Disapproval — Review.
1. 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.
2. 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.
I. Display Of Permit.
1. 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.
2. 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.
J. Permit Classifications And Fees.
1. 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.
2. The classification of sexually oriented business permits and the
fees for each shall be as follows:
a. New sexually oriented business operator's permit is a fee of one
thousand five hundred dollars ($1,500.00) per year;
b. Renewal of sexually oriented business operator's permit is a fee
of one thousand five hundred dollars ($1,500.00) per year;
c. Employee's permit is a fee of thirty dollars ($30.00) per year.
3. The fees set forth in this Section shall not be prorated.
[Zoning Order §5.430, 4-2-2008]
A. Inspection.
1. 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).
2. Visual inspection behind any locked doors shall be solely to ensure
that no activity for patrons is occurring in those areas.
3. 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.
B. 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.
C. Permittee's Duty To Monitor Business And Premises.
1. It is and shall be the affirmative duty of each sexually oriented
business operator's permittee, employee and manager to:
a. 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;
b. 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;
c. Post and enforce a "no loitering" policy on the business premises,
including parking areas and other exterior parts of the business premises;
d. 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;
e. Prevent and ensure that no prostitution or solicitation for prostitution
takes place on the business premises, whether in or out of public
view;
f. Prevent and ensure that no gambling takes place on the business premises;
g. Prevent any unlawful sale, distribution, delivery or use of controlled
substances, illegal drugs or narcotics on the business premises;
h. Prevent any sale, distribution, delivery or use of any alcoholic
beverages of any kind on the business premises;
i. 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;
j. 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;
k. 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;
l. 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
m. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
D. Standards Of Conduct And Operation For Adult Cabarets.
1. The following standards of conduct must be adhered to by employees
of any adult cabaret while on the business premises:
a. 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:
(1)
In a theater or open room of at least six hundred (600) square
feet;
(2)
On a stage elevated at least twenty-four (24) inches above the
level on which patrons sit or stand; and
(3)
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.
b. 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.
c. 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.
d. No employee or entertainer shall display any specified anatomical area except as provided for in Subsection
(D)(1)(a) and
(b) of this Section.
e. 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.
f. 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.
g. No employee or entertainer shall wear or use any device or exposed
to view which simulates any specified anatomical area.
h. No employee or entertainer shall use artificial devices or inanimate
objects to display, depict or perform any specified sexual activities.
i. 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.
j. No entertainer shall solicit, demand or receive any payment or gratuity
from any customer for any act prohibited by this Article.
k. No entertainer shall receive any payment or gratuity from any customer
for entertainment, except as follows:
(1)
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
(2)
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.
2. At any adult cabaret, the following are required:
a. 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:
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THIS ADULT LIVE ENTERTAINMENT BUSINESS IS REGULATED BY THE COUNTY
OF JEFFERSON
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ENTERTAINERS ARE:
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(1)
Not permitted to engage in any type of sexual activities on
the business premises or in prostitution.
(2)
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.
(3)
Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
(a)
While the entertainer is on the stage, by placing the payment
or gratuity into the box affixed to the stage; or
(b)
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.
b. 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.
c. 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.
E. Location And Manner Of Presenting Certain Videos And Motion Pictures.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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).
F. Operation Of Motion Picture Arcade Establishments.
1. 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:
a. 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:
(1)
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;
(2)
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.
(3)
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.
(4)
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;
(5)
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;
(6)
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;
(7)
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.
b. 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:
(1)
All doors shall be so swung upon their hinges and constructed
that said doors shall open outward;
(2)
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;
(3)
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.
(4)
Specifications of the viewing window referred to in Subsection
(F)(1)(b)(3) above are as follows:
(a)
Not less than twenty (20) inches in height (vertical);
(b)
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.
c. 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;
d. 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;
e. 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;
f. 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;
g. 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;
h. Ensure that there are no porous surfaces on the floors, walls or
seats in any motion picture arcade booth;
i. 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;
j. 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
k. Ensure and prevent the presence of any video production, reproduction
or transmission equipment in any restroom in the establishment.
2. 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.
3. 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.
4. 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]
A. 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:
1. 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.
2. 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.
3. 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.
4. 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.
B. Hearing For Assessment Of Points, Suspension, Revocation Or Non-Renewal
Of Permit — Hearing Procedures.
1. Scheduling hearings. When the Director has information
that:
a. 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;
b. 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;
c. 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;
d. Any material representation on the permit application was untrue;
e. 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;
f. 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.;
g. 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
h. 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;
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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.
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2. Hearing procedures. The following procedures shall
apply to all hearings conducted under this Section:
a. 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.
b. 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.
c. 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.
3. 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.
C. Suspension, Revocation Or Non-Renewal Of Permit. Whenever
the Director has information that:
1. An employee of a sexually oriented business has violated or knowingly
allowed or permitted the violation of any of the provisions of this
Article;
2. 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;
3. 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;
4. 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
5. A permittee has become disqualified from having a permit by a conviction as provided by Section
400.1840 of this Article;
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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.
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D. Criteria For Suspension Of License.
1. The Director shall suspend the permit issued under this Article if
the Director finds that:
a. 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
b. 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.
2. Point system.
a. One (1) point shall be assessed and accumulated against the permit
for each violation as determined by the Director of the following
affirmative duties:
(1)
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.
(2)
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.
(4)
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.
(5)
(a)
Allowing live entertainment in a theater or open room less than
six hundred (600) square feet.
(b)
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.
(6)
Section
400.1850(D)(1)(g). Employees wearing devices or coverings exposed to view which simulate any specified anatomical areas.
(7)
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.
(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.
b. Two (2) points shall be assessed and accumulated against the permit
for each violation as determined by the Director of the following
affirmative duties:
(1)
Section
400.1850(C)(1)(f). Failure to ensure that no gambling takes place on the business premises.
(2)
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.
(4)
Section
400.1850(C)(1)(m). Doors in adult motion picture theaters not designed and maintained to stay unlocked.
(5)
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.
(6)
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).
(7)
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.
c. 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:
(1)
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.
(3)
Section
400.1850(C)(1)(g). Unlawful sale, distribution, delivery or use of controlled substances, illegal drugs or narcotics on the premises.
(4)
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.
(5)
Section
400.1850(F)(1)(d). Occupancy of a motion picture arcade booth by more than one (1) person.
(6)
Section
400.1850(F)(1)(k). Presence of video production, reproduction or transmission equipment in any restroom in the establishment.
d. Point totals for actions constituting crimes or misdemeanors under
State law or County ordinance shall be reduced by half for any instance
in which the Director finds that the permittee or an employee of the
permittee reported the violation to the Sheriff's office before the
arrival of the first (1st) Law Enforcement Officer at the business
premises, regardless of whether the report is the first (1st) report
of this instance to the Sheriff's office.
e. Point totals for actions constituting crimes or misdemeanors under
State law or County ordinance shall be doubled for any instance in
which the Director finds that the permittee was directly involved
in the violation or that an employee was directly involved and that
the permittee reasonably should have known of the involvement.
3. The Director shall mail a written notice to the permittee when any
point is assessed against a permittee within five (5) days of the
assessment of the point(s). If, within ten (10) days after the mailing
notice to the permittee that any point has been assessed against the
permittee, the permittee files with the Director a written request
for a hearing before the Director to contest the assessment of any
point, then the Director shall, within five (5) days of receipt of
a timely request, mail a notice of a hearing to the permittee, which
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 a request for a hearing
unless there is due cause.
4. The first (1st) suspension shall be for a period of at least five
(5) days and not more than ten (10) days; the second (2nd) suspension
within any twelve (12) month period shall be for at least ten (10)
days and not more than twenty (20) days; the third (3rd) suspension
during any twelve (12) month period shall be for at least thirty (30)
days and not more than sixty (60) days; and any suspension after the
third (3rd) suspension during any twelve (12) month period shall be
for at least sixty (60) days and not more than ninety (90) days.
E. Criteria For Revocation Of Permit. The Director shall revoke
a permit issued under this Article if the Director finds that:
1. Any material representation on the permit application was untrue;
or
2. The permittee or the permittee's spouse, partner, officer, director
or member, beneficiary or shareholder with greater than a five percent
(5%) ownership interest in the sexually oriented business has had
another permit revoked under this Article; or
3. The permittee or any spouse, partner, officer, director or member,
beneficiary or shareholder with greater than a five percent (5%) ownership
interest in permittee has within the previous ten (10) years been
convicted of, or remains under confinement for, any felony or misdemeanor
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 other States or controlled substances or illegal drugs or narcotics
offenses as described in the State of Missouri's Comprehensive Drug
Control Act, Chapter 195, RSMo.; or
4. The permit has been suspended three (3) other times during the previous
twelve (12) months; or
5. Actions of the permittee or other persons on the permitted premises have resulted in the accumulation of more than thirty-six (36) points under Section
400.1860(D)(2) within the previous twenty-four (24) months.
F. Renewal Of Permits.
1. A sexually oriented business operator's permit or sexually oriented
business employee permit issued under this Article may be renewed
by making application to the Director on application forms provided
for that purpose. Permits shall expire on November thirtieth (30th)
of each calendar year and renewal applications for such permits shall
be submitted between November first (1st) and November twenty-first
(21st) of each calendar year.
2. Upon timely application thereof, a sexually oriented business operator's permit or sexually oriented business employee permit issued under the provisions of this Article shall be renewed by issuance of a new permit in the manner provided by Section
400.1840(F) unless the Director disapproves the renewal application in the manner provided in Section
400.1840(G) or (H). However, an applicant for a renewal license shall have no duty to request confirmation of compliance with other County ordinances as required in Section
400.1840(F), no inspections by other County departments shall be required unless requested by the Director and the requirements of Section
400.1840(E) shall not apply.
3. Upon the filing of a timely application for renewal of permit issued under the provisions of this Article, the Director shall issue a temporary permit to the applicant, which temporary permit shall remain in effect until the Director has approved or disapproved the application. If a hearing is held as required by Section
400.1840(G), the temporary permit shall remain in effect until the Director has issued an order following the hearing. However, if any hearing required by Section
400.1840(G) is delayed at the request of the applicant, the temporary permit issued under the provisions of this Subsection shall expire as of the date the hearing was scheduled by the Director, unless the applicant shows good cause for the delay.
4. Any applicant issued a temporary permit under the provisions of this
Section shall comply or continue to comply with the provisions of
this Article. Additionally, an applicant issued a temporary permit
under the provisions of this Section shall be subject to the penalty
provisions provided in this Article.
5. If the application for renewal of a permit is not made during the time provided in the Section
400.1840(F)(1) of this Section, the permit shall expire and the permittee shall cease those activities authorized under this Article and the permittee shall file a new application and meet all requirements of this Article before engaging in the business or occupations regulated under this Article. An application for renewal filed after the expiration date shall be treated as a new application.
G. Judicial Review. Following the entry of an order by the
Director assessing points against a permittee, suspending or revoking
a permit or disapproving a new or renewal application for a permit,
such permittee or applicant may seek judicial review in a manner provided
by the law. The Director shall stay enforcement of such order for
a period of time not to exceed thirty (30) days pending the filing
or final disposition of proceedings for judicial review.
H. Informal Disposition. Nothing contained in this Article
shall preclude the informal disposition of contested cases by stipulation,
consent order or default or by agreed settlement.
I. No Transfer Of Permit.
1. A permittee shall not transfer any permit to another, nor shall a
permittee operate a sexually oriented business under the authority
of a permit at any place other than the address designated in the
application and set forth in the operator's permit.
2. An operator's permit shall not be transferable from one location
to another.
[Zoning Order §5.450, 4-2-2008]
A. Exemptions. Notwithstanding any other provision in this
Article, movies rated "G", "PG", "PG-13" or "R" by the Motion Picture
Association of America (MPAA) or live theatrical performances or paintings
with serious artistic, social or political value that depict or describe
specified anatomical areas or specified sexual activities are expressly
exempted from regulation under this Article.
B. Notices.
1. Any notice required or permitted to be given by the Director under
this Article to any applicant, operator or owner of a sexually oriented
business may be given either by personal delivery or by certified
United States mail, postage prepaid, return receipt requested, addressed
to the most recent address as specified in the application for the
permit or any notice of address change that has been received by the
Director. Notices mailed as above shall be deemed given upon their
deposit in the United States mail. In the event that any notice given
by mail is returned by the postal service, the Director or his or
her designee shall cause it to be posted at the principal entrance
to the establishment.
2. Any notice required or allowed to be delivered to the Director by
any person under this Article shall not be deemed delivered until
and unless it is received in the office of the Director.
3. It shall be the duty of each applicant, owner or operator or any
person designated on a permit application to furnish notice to the
Director in writing of any change of residence or mailing address.
C. Severability. It is hereby declared to be the intention
of the County Council that the Sections, paragraphs, sentences, clauses
and phrases of this Article are severable and if any phrase, clause,
sentence, paragraphs or Section of this Article shall be declared
unconstitutional or invalid by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality or invalidity
shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and Sections of this Article, since the same would have
been enacted by the County Council without the incorporation in this
Article of any such unconstitutional or invalid phrase, clause, sentence,
paragraph or Section.
D. Authority To Prescribe Additional Regulations. The County
shall have the power to promulgate regulations as may be necessary
and feasible for the carrying out of the duties of the office and
which are not inconsistent with the provisions of this Article.
E. Penalty For Violation Of Article. It shall be unlawful for
any person to violate any of the provisions of this Article. Upon
conviction thereof, such person shall be fined up to one thousand
dollars ($1,000.00) or be punished by imprisonment not to exceed one
(1) year or be punished by both such fine and imprisonment. Each day's
violation of or failure, refusal or neglect to comply with any provision
of this Article shall constitute a separate and distinct offense.
The penalties provided in this Section are cumulative and in addition
to and are separate from any administrative action to assess the points
against a permit; suspend, revoke or disapprove renewal of a permit;
to order the closure of any portion of a motion picture arcade booth
establishment containing motion picture arcade booths; or to seek
any other remedy at law.
F. Injunction. With or without the issuance of a suspension,
revocation, non-renewal, an administrative written notice and order,
the initiation of criminal prosecution or any other legal proceedings,
the County may apply to the appropriate court for injunctive relief,
which would require the correction or abatement of any violation of
this Article. The initiation or exhaustion of one (1) of these enforcement
proceedings shall not be a prerequisite to the initiation of any other
of these enforcement proceedings. Different types of enforcement proceedings
may be pursued concurrently.
G. Conflicting Ordinances, Codes, Regulations And Orders Not Applicable. All ordinances, codes, regulations and orders or parts thereof in
conflict with the provisions of this Article shall not apply.
H. Effective Date Of Article — Existing Sexually Oriented Businesses.
1. The Director shall identify each owner or operator of a sexually
oriented business requiring a permit pursuant to this Article, shall
notify the owner or operator of the enactment of this Article and
shall furnish a copy of this Article to the owner or operator.
2. Any owner or operator of a sexually oriented business shall be required
to obtain a sexually oriented business operator's permit under the
provisions of this Article, shall submit a completed application for
a permit, in the manner provided by this Article, no later than one
hundred twenty (120) days after the enactment of this Article.
3. If any owner or operator of a sexually oriented business that meets the requirements of Section
400.1870(H)(1) of this Section, and which shall be required to obtain a sexually oriented business permit under the provisions of this Article, shall fail to submit a completed application during the time provided in Section
400.1870(H)(2) of this Section, the provisions of this Article shall become effective with respect to that business no later than thirty (30) days after notification of the enactment of this Article.
4. The Director shall investigate the application from any owner or operator who meets the requirements of Section
400.1870(H)(1) of this Section in the manner provided by this Article and shall approve or disapprove such application in the manner provided in Section
400.1840(G) provided that the requirements of Section
400.1840(E) shall not apply to that particular application.
5. If any owner or operator of a sexually oriented business that meets the requirements of Section
400.1870(H)(1) of this Section shall submit a completed application during the time provided in Section
400.1870(H)(2) of this Section, the other provisions of this Article shall not become effective until the application is approved or, if the application is disapproved, until ten (10) days after the disapproval.
6. For any person who does not meet the requirements of Section
400.1870(H)(1) of this Section and who shall be required to obtain a sexually oriented business permit under the provisions of this Article, the provisions of this Article shall become effective ten (10) days after enactment of this Article.