City of Bridgeton, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 12-53 §2, 8-15-2012]
Words, terms and phrases in this Chapter shall be defined as follows:
ADULT OR SEXUALLY-ORIENTED ESTABLISHMENTS
An adult arcade, adult bookstore, adult novelty store, adult cabaret, adult entertainment establishment, massage parlor, escort agency, nude or semi-nude model studio, or sexual encounter center. when used in connection with the phrase "adult or sexually-oriented establishments", the following words and phrases shall have the following meanings ascribed to them:
1. 
ADULT ARCADE: An establishment 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, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting specified sexual activities or specified anatomical areas.
2. 
ADULT BOOKSTORE: An establishment which, as one (1) of its principal business activities, offers for sale or rental or for any form of consideration books, films, video cassettes, DVDs, any digital or electronic media or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for sale, rental, or display to patrons thereof, including, but not limited to, establishments having facilities for the presentation of adult entertainment for observation by or display to patrons therein.
3. 
ADULT CABARET: A nightclub, bar, restaurant or similar establishment which regularly features live performances involving adult entertainment.
4. 
ADULT ENTERTAINMENT: Any adult-oriented motion pictures, videos, live performance, display or dance or any type of performance which regularly features entertainment which is distinguished or characterized by actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed.
5. 
ADULT ENTERTAINMENT ESTABLISHMENT: Any premises regularly used for the exhibition of any adult entertainment.
6. 
ADULT NOVELTY STORE: An establishment which, as one (1) of its principal business activities, offers for sale or rental or for any consideration sex toys and/or instruments, devices or paraphernalia which are designed for use or marketed primarily for sadomasochistic use or abuse of the user or others.
7. 
DISTINGUISHED OR CHARACTERIZED BY: The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by the exhibition or display of specified sexual activities or specified anatomical areas", the films so described are those whose dominant or principal character and theme are the exhibition or display of specified anatomical areas or specified sexual activities.
8. 
EMPLOYEE, EMPLOY, AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of an adult or sexually-oriented establishment on a full-time, part-time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
9. 
ENFORCEMENT OFFICER: The City Engineer or his designee.
10. 
ESCORT: A person who, for consideration, and for another person, agrees or offers:
a. 
To act as a companion, guide, or date; or
b. 
To privately model lingerie; or
c. 
To privately perform a striptease.
11. 
ESCORT AGENCY: An establishment, business association, or person that for a fee, tip, or other consideration furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes.
12. 
ESTABLISH OR ESTABLISHMENT: Includes any of the following:
a. 
The opening or commencement of any adult or sexually-oriented establishment as a new business;
b. 
The conversion of an existing business, whether or not an adult or sexually-oriented establishment, to any adult or sexually-oriented establishment;
c. 
The addition of any adult or sexually-oriented establishment to any other existing adult or sexually-oriented establishment; or
d. 
The relocation of any adult or sexually-oriented establishment.
13. 
LICENSEE: A person in whose name a license to operate an adult or sexually-oriented establishment has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in an adult or sexually-oriented establishment.
14. 
MASSAGE PARLOR: An establishment or place primarily in the business of providing non-therapeutic massage services which involve performance of specified sexual activities and/or the touching or manipulation of specified anatomical areas. For purposes of clarification, therapeutic massage services making use of the methods of practice or the legitimate techniques of physicians, chiropractors, physical therapists, massage therapists or athletic trainers licensed or certified by the State of Missouri shall not be considered massage parlors.
15. 
NUDE, NUDITY OR A STATE OF NUDITY: The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple or areola, or the showing of the covered male genitals in a discernibly turgid state.
16. 
NUDE OR SEMI-NUDE MODEL STUDIO: A commercial establishment which regularly features a person (or persons) who appears nude or semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Missouri or a college, junior college or university supported entirely or in part by public taxation or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class and where no more than one (1) nude model is on the premises at any one time.
17. 
OPERATE OR CAUSE TO BE OPERATED: To cause to function or to put or keep in a state of doing business. "Operator" means any person on the premises of an adult or sexually-oriented establishment who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operations the business. A person may be found to be operating or causing to be operated an adult or sexually-oriented establishment regardless of whether the person is an owner, part owner, or licensee of the business.
18. 
PERSON: An individual, proprietorship, partnership, corporation, association, or other legal entity.
19. 
PREMISES: The real property upon which the adult or sexually-oriented establishment is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult or sexually-oriented establishment, the grounds, private walkways, and parking lots or parking garages or both.
20. 
PRINCIPAL BUSINESS ACTIVITY: Exists where the commercial establishment:
a. 
Has a substantial portion of its displayed merchandise which consists of such items; or
b. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. 
Derives a substantial portion of its revenue from the sale or rental, or for any form of consideration, of such items; or
e. 
Maintains a substantial section of its interior business space for the sale or rental of such items.
21. 
REGULARLY: The consistent and repeated doing of the act so described.
22. 
SEMI-NUDE OR IN A SEMI-NUDE CONDITION: The showing of the female breast below a horizontal line across the top of the areola at its highest point and extended across the width of the breast at such point or the showing of the male or female buttocks. 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, shirt, leotard, bathing suit, or similar other wearing apparel, provided the areola is not exposed in whole or in part.
23. 
SEXUAL ENCOUNTER CENTER: A business or commercial establishment that, as one (1) of its principal business activities, offers for any form of consideration a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities. The definition of sexual encounter center shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.
24. 
SEX TOY: Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of the human genital organs.
25. 
SPECIFIED ANATOMICAL AREAS: Less than completely and opaquely covered:
a. 
Human genitals;
b. 
Pubic region;
c. 
Buttocks;
d. 
Female breasts below a point immediately above the top of the areola; and
e. 
Human male genitals in a discernibly turgid state, even if completely opaquely covered.
26. 
SPECIFIED CRIMINAL ACTIVITY: Any of the following offenses for which less than eight (8) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:
a. 
Prostitution or promotion of prostitution or any offenses involving prostitution; dissemination of obscenity or other obscenity offenses; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; indecent exposure; indecency with a child; engaging in organized criminal activity relating to an adult or sexually-oriented establishment; rape or sexual assault offenses; sexual offenses involving a minor; molestation of a child; distribution of a controlled substance; offenses involving money laundering; offenses involving tax evasion;
b. 
Any attempt, solicitation or conspiracy to commit one (1) of the offenses listed in Subdivision (a); or
c. 
Any offense committed in another jurisdiction when if committed in Missouri would have constituted an offense listed in Subdivision (a).
d. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
27. 
SPECIFIED SEXUAL ACTIVITIES:
a. 
The fondling of another person's genitals, pubic region, anus, or female breasts;
b. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
c. 
Excretory functions as part of, or in connection with, any of the activities set forth in (a) or (b) above.
28. 
SUBSTANTIAL ENLARGEMENT OF AN ADULT OR SEXUALLY-ORIENTED ESTABLISHMENT: The increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists on the date this Chapter takes effect.
29. 
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT OR SEXUALLY- ORIENTED ESTABLISHMENT: Includes any of the following:
a. 
The sale, lease, or sublease of the business;
b. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
c. 
The establishment of a trust, gift, or other similar legal device which 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.
30. 
VIEWING ROOM: The room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, digital video disc or other video reproduction.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
Adult or sexually-oriented establishments are classified as follows:
1. 
Adult arcades;
2. 
Adult bookstores;
3. 
Adult novelty stores;
4. 
Adult cabarets;
5. 
Adult entertainment establishments;
6. 
Massage parlors;
7. 
Escort agencies;
8. 
Nude or semi-nude model studios; and
9. 
Sexual encounter centers.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
It is unlawful:
1. 
For any person to operate an adult or sexually-oriented establishment without a valid adult or sexually-oriented establishment license issued by the City pursuant to this Chapter.
2. 
For any person who operates an adult or sexually-oriented establishment to employ a person to work for the adult or sexually-oriented establishment who is not licensed as an adult or sexually-oriented establishment employee by the City pursuant to this Chapter.
3. 
For any person to obtain employment with an adult or sexually-oriented establishment without having secured an adult or sexually-oriented establishment employee license pursuant to this Chapter.
B. 
An application for an adult or sexually-oriented establishment license and an adult or sexually-oriented establishment employee license shall be made on a form provided by the City. All applicants must be qualified according to the provisions of this Chapter to obtain such a license.
C. 
An applicant for an adult or sexually-oriented establishment license or an adult or sexually-oriented establishment employee license shall file with the Enforcement Officer a completed application made on a form prescribed and provided by the City Clerk. No application shall be considered complete if it does not include all of the information required in this Section. The application shall be sworn to under oath and acknowledged before a notary public. The application shall include the information called for in Subdivisions (1) through (6), and where applicable, Subdivision (7), as follows:
1. 
The full true name of the applicant and any other names used by the applicant in the preceding five (5) years.
2. 
The current business address of the applicant.
3. 
A set of fingerprints of the applicant suitable for conducting necessary background checks pursuant to this Chapter, to be used for the same purpose, and the applicant's consent to same.
4. 
If the application is for an adult or sexually-oriented establishment license, the name, business location, legal description, business mailing address and phone number of the proposed adult or sexually-oriented establishment.
5. 
For each application for an adult or sexually-oriented establishment employee license, written proof of age of applicant, in the form of either:
a. 
A copy of a birth certificate and current photo;
b. 
A current driver's license with picture; or
c. 
Other picture identification document issued by a governmental agency.
6. 
The issuing jurisdiction and the effective dates of any license or permit currently or formerly held by the applicant relating to an adult or sexually-oriented establishment, and whether any such license or permit has been denied, revoked, or suspended, and if so, the reason or reasons therefor.
7. 
If the application is for an adult or sexually-oriented establishment license, the name and address of the registered agent or other agent authorized to receive service of process.
The information provided pursuant to Subdivisions (1) through (7) shall be supplemented in writing by certified mail, return receipt requested, to the Enforcement Officer no later than ten (10) working days prior to (or within five (5) calendar days after if it is legally impossible to provide such prior supplementation) of a change or circumstances which would render the information originally submitted false, inaccurate or incomplete.
D. 
The application for an adult or sexually-oriented establishment license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall 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.
E. 
If the person who wishes to operate an adult or sexually-oriented establishment is an individual, he or she shall sign the application for a license as applicant. If the person that wishes to operate an adult or sexually-oriented establishment is other than an individual (such as a corporation), each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as the applicant. Each applicant must be qualified under Section 690.040, and each applicant shall be considered as a licensee if a license is granted.
F. 
A person who possesses a valid business license is not exempt from the requirement of obtaining all required adult or sexually-oriented establishment licenses. A person who operates an adult or sexually-oriented establishment and possesses a business license shall comply with the requirements and provisions of this Chapter, where applicable.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
Within twenty (20) days after the receipt of a completed application for an adult or sexually-oriented establishment license or an adult or sexually-oriented establishment employee license, the Enforcement Officer shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The Enforcement Officer shall approve the issuance of a license unless one (1) or more of the following is found to be true:
1. 
An applicant is less than eighteen (18) years of age.
2. 
An applicant is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to an adult or sexually-oriented establishment.
3. 
An applicant has failed to provide information as required by Section 690.030 for issuance of the license.
4. 
An applicant has been convicted of a specified criminal activity. The fact that a conviction is being appealed shall have no effect under this Subsection. For the purpose of this Subsection, "conviction":
a. 
Such person has been convicted, plead guilty or nolo contendere to a specified criminal activity; and
b. 
Includes a conviction of any business entity for which the applicant has, at the time of the offense leading to the conviction for a specified criminal activity, a management responsibility or a controlling interest.
5. 
The license application fee required by this Chapter has not been paid.
6. 
An applicant has falsely answered a question or request for information on the application form.
7. 
The proposed adult or sexually-oriented establishment is located in a zoning district other than a district in which adult or sexually-oriented establishments are allowed to operate under the Bridgeton zoning ordinance, or is not in compliance with the location restrictions established for adult or sexually-oriented establishments in the appropriate zoning district(s).
B. 
An applicant that is ineligible for a license due to Subsection (A)(4) of this Section may qualify for an adult or sexually-oriented establishment license only when the time period required by Section 690.010(26) has elapsed.
C. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for an adult or sexually-oriented establishment, the address of the adult or sexually-oriented establishment. An adult or sexually-oriented establishment employee license shall contain a photograph of the licensee. The adult or sexually-oriented establishment license shall be posted in a conspicuous place at or near the entrance to the adult or sexually-oriented establishment so that it may be easily read at any time. An adult or sexually-oriented establishment employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a Law Enforcement Officer or other authorized City Official.
[Ord. No. 12-53 §2, 8-15-2012]
The non-refundable initial licensee fee and annual renewal fee for an adult or sexually- oriented establishment license or an adult or sexually-oriented establishment employee license is hereby set at the amount of two hundred fifty dollars ($250.00) for the initial license and one hundred twenty five dollars ($125.00) for the renewal fee for an adult or sexually-oriented establishment license; one hundred dollars ($100.00) for the initial license, and fifty dollars ($50.00) for the renewal fee for an adult or sexually-oriented establishment employee license. The City Council hereby determines, based on the expected personnel time and personnel cost to the City of reviewing and investigating the information and material required to be submitted in connection with each such license applications, the fees provided for herein are less than the costs to the City of administering this adult or sexually-oriented establishment licensing program.
[Ord. No. 12-53 §2, 8-15-2012]
For the purpose of ensuring compliance with this Chapter, an applicant, operator or licensee shall permit Law Enforcement Officers and any other Federal, State, County or City agency in the performance of any function connected with the enforcement of this Chapter, normally and regularly conducted by such agencies, to inspect, at any time the business is occupied or open for business, those portions of the premises of an adult or sexually-oriented establishment which patrons or customers are permitted to occupy.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 690.030. An application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B. 
If the City denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to the denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date that the denial became final.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
The City shall issue a written intent to suspend an adult or sexually-oriented establishment license or an adult or sexually-oriented establishment employee license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
1. 
Violated or is not in compliance with any Section of this Chapter; or
2. 
Refused to allow an inspection of the adult or sexually-oriented establishment premises as authorized by this Chapter.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
The Enforcement Officer shall issue a written statement of intent to revoke an adult or sexually-oriented establishment license or an adult or sexually-oriented establishment employee license if a cause of suspension in Section 690.080 occurs and the license has previously been suspended within the preceding twelve (12) months.
B. 
The Enforcement Officer shall issue a written statement of intent to revoke an adult or sexually-oriented establishment license or an adult or sexually-oriented establishment employee license if the Enforcement Officer determines that:
1. 
A licensee gave false or misleading information in the material submitted during the application process;
2. 
A licensee has knowingly allowed possession, use, or sale of controlled substances on the licensed premises;
3. 
A licensee has knowingly allowed prostitution on the licensed premises;
4. 
A licensee has knowingly operated the adult or sexually-oriented establishment during a period of time when the licensee's license was suspended;
5. 
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises.
C. 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
D. 
When, after the notice and hearing procedure described in Section 690.100, the Enforcement Officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult or sexually-oriented establishment license or an adult or sexually-oriented establishment employee license for one (1) year from the date revocation becomes effective, provided that if the conditions of Section 690.100 are met, a provisional license will be granted pursuant to that Section. If, subsequent to revocation, the Enforcement Officer finds that the basis for the revocation found in Subsections (B)(1) and (B)(4) of this Section has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have lapsed since the date the revocation became effective.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
If the Enforcement Officer determines that facts exist for denial, suspension, non-renewal or revocation of a license under this Chapter, the Enforcement Officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend, or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the Enforcement Officer. Within five (5) business days of receipt of such notice, the respondent may provide to the Enforcement Officer, in writing, a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within ten (10) business days of the receipt of respondent's written response, the Enforcement Officer shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding.
B. 
Within ten (10) working days of the receipt of respondent's written response, the City shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the Enforcement Officer in the time stated or, if after the hearing, the City finds that grounds as specified in this Chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five (5) days after the City sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
C. 
If the City finds that no grounds exist for denial, suspension, or revocation of a license, then within five (5) days after the hearing, the City shall withdraw the intent to deny, suspend, or revoke the license, and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously issue the license.
D. 
When a decision to deny, suspend, not renew or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied, or whose license has been suspended or revoked, shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement of the denial, suspension, non-renewal or revocation, the City shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the adult or sexually-oriented establishment or to continue employment as an adult or sexually-oriented establishment employee, as the case may be, and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement.
[Ord. No. 12-53 §2, 8-15-2012]
A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult or sexually-oriented establishment under the authority of a license at any place other than the address designated in the application.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
A person commits a misdemeanor if that person operates or causes to be operated an adult or sexually-oriented establishment on any property other than property which is properly zoned for such use and for which all required permits have been issued.
B. 
Any adult or sexually-oriented establishment lawfully operating on the effective date hereof, that is in violation of Subsection (A) of this Section, shall be deemed a non-conforming use. The non-conforming use will be permitted to continue unless sooner terminated for any reason or voluntarily discontinued for a period of sixty (60) days or more. Such non-conforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more adult or sexually-oriented establishments are within one thousand (1,000) feet of one another and otherwise in a permissible location, the adult or sexually-oriented establishment which was first (1st) established and continually operating at a particular location is the conforming use and the later established business(es) is/are non-conforming.
C. 
An adult or sexually-oriented establishment lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the adult or sexually-oriented establishment license, of a use listed in Section 410.050(O)(2) within one thousand (1,000) feet of the adult or sexually-oriented establishment. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
A person who operates or causes to be operated an adult or sexually-oriented establishment 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, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. 
Upon application for an adult or sexually-oriented establishment license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more operator stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. An operator station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit, if granted, will be conspicuously posted. 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 City may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
2. 
The application shall be sworn to be true and correct by the applicant.
3. 
No alteration in the configuration or location of an operator station may be made without the prior approval of the City.
4. 
It is the duty of the licensee of the premises to ensure that at least one (1) licensed employee is on duty and situated in each operator station at all times that any patron is present inside the premises.
5. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator station of every area of the premises to which any patron is permitted access for any purpose, including the interior of each viewing room but excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more operator stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the operator stations. The view required in this Subsection must be by direct line of sight from the operator station.
6. 
It shall be the duty of the licensee, operator and any employees present on the premises to ensure that the view area specified in Subsection (5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks, or other materials or enclosures and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (1) of this Section.
7. 
No viewing room may be occupied by more than one (1) person at any time.
8. 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candles as measured at the floor level.
9. 
It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
10. 
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
11. 
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
12. 
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
13. 
The licensee shall cause all floor coverings in viewing booths to be non-porous, easily cleanable surfaces, with no rugs or carpeting.
14. 
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, non-porous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within forty-eight (48) inches of the floor.
15. 
A person having a duty under Subsections (1) through (14) of this Section commits a misdemeanor if he or she knowingly fails to fulfill that duty.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
An escort agency shall not employ any person under the age of eighteen (18) years.
B. 
A person commits an offense if the person acts as an escort, or agrees to act as an escort, for any person under the age of eighteen (18) years.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
It shall be a misdemeanor for a person to knowingly and intentionally, in an adult or sexually-oriented establishment, appear in a state of nudity or engage in specified sexual activities.
B. 
It shall be a misdemeanor for a person to knowingly or intentionally, in an adult or sexually-oriented establishment, appear in a semi-nude condition, unless the person is an employee who, while semi-nude, shall be and remain on a fixed stage at least six (6) feet from any patron or customer and on a stage at least two (2) feet from the floor in a room of at least six hundred (600) square feet.
C. 
It shall be a misdemeanor for an employee, while semi-nude in an adult or sexually- oriented establishment, to receive directly any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity directly to any employee, while that employee is semi-nude in an adult or sexually-oriented establishment.
D. 
It shall be a misdemeanor for an employee, while semi-nude in an adult or sexually- oriented establishment, to knowingly and intentionally touch a customer or the clothing of a customer in an adult or sexually-oriented establishment.
[Ord. No. 12-53 §2, 8-15-2012]
A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of an adult or sexually-oriented establishment.
[Ord. No. 12-53 §2, 8-15-2012]
A person commits a misdemeanor if the person knowingly or intentionally sells, uses or consumes alcoholic beverages on the premises of an adult or sexually-oriented establishment.
[Ord. No. 12-53 §2, 8-15-2012]
No adult or sexually-oriented establishment may remain open at any time between the hours of 12:00 Midnight and 8:00 A.M. on weekdays and Saturdays, and 12:00 Midnight and Noon (12:00) P.M. on Sundays.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
It is a defense to prosecution under Section 690.150 that a person appearing in a state of nudity did so in a modeling or art class operated:
1. 
By a proprietary school, licensed by the State of Missouri; or a college, junior college, or university supported entirely or partly by taxation;
2. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
3. 
In a structure:
a. 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. 
Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
c. 
Where no more than one (1) nude model is on the premises at any one time.
[Ord. No. 12-53 §2, 8-15-2012]
A. 
A person who operates or causes to be operated an adult or sexually-oriented establishment without a valid license or in violation of Section 690.110 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days. Each day an adult or sexually-oriented establishment so operates is a separate offense or violation.
B. 
Any premises, building, dwelling, or other structure in which an adult or sexually-oriented establishment is repeatedly operated or maintained in violation of this Chapter shall constitute a public nuisance. The City Attorney or City Prosecutor, or their designees, may, in addition to all sanctions available under this Code, prosecute a suit in equity to enjoin the nuisance. Each day that a violation is permitted to exist or occur shall constitute a separate operation or maintenance of the violation.
[Ord. No. 12-53 §2, 8-15-2012]
This Chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of knowing or reckless mental state is necessary to establish a violation of this Chapter. Notwithstanding any other provision of law to the contrary, for purposes of this Chapter, an act by an employee shall be imputed to the adult or sexually-oriented establishment for purposes of finding a violation of this Chapter only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
[Ord. No. 12-53 §2, 8-15-2012]
Each Section and provision of this Chapter is hereby declared to be independent of the other Sections and provisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said ordinance, or the application thereof to any person or circumstance is held to be invalid, the remaining Sections or provisions and the application of such Sections and provisions to any person or circumstances, other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such Sections and provisions would have been passed independently of such Section or provision so known to be invalid.