[Ord. No. 12-53 §2, 8-15-2012]
Words, terms and phrases in this Chapter shall be defined as
follows:
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:
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.
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.
ADULT CABARET: A nightclub, bar, restaurant
or similar establishment which regularly features live performances
involving adult entertainment.
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.
ADULT ENTERTAINMENT ESTABLISHMENT: Any premises
regularly used for the exhibition of any adult entertainment.
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.
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.
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.
ENFORCEMENT OFFICER: The City Engineer or
his designee.
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.
ESTABLISH OR ESTABLISHMENT: Includes any of
the following:
The opening or commencement of any adult or sexually-oriented
establishment as a new business;
The conversion of an existing business, whether or not an adult
or sexually-oriented establishment, to any adult or sexually-oriented
establishment;
The addition of any adult or sexually-oriented establishment
to any other existing adult or sexually-oriented establishment; or
The relocation of any adult or sexually-oriented establishment.
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.
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.
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.
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.
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.
PERSON: An individual, proprietorship, partnership,
corporation, association, or other legal entity.
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.
PRINCIPAL BUSINESS ACTIVITY: Exists where
the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenue from the sale or
rental, or for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items.
REGULARLY: The consistent and repeated doing
of the act so described.
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.
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.
SEX TOY: Instruments, devices, or paraphernalia
which are designed for use or marketed primarily for stimulation of
the human genital organs.
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:
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;
Any attempt, solicitation or conspiracy to commit one (1) of
the offenses listed in Subdivision (a); or
Any offense committed in another jurisdiction when if committed
in Missouri would have constituted an offense listed in Subdivision
(a).
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.
SPECIFIED SEXUAL ACTIVITIES:
The fondling of another person's genitals, pubic region, anus,
or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
Excretory functions as part of, or in connection with, any of
the activities set forth in (a) or (b) above.
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.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT OR SEXUALLY-
ORIENTED ESTABLISHMENT: Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
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.
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]
[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:
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.
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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.
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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:
[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.
[Ord. No. 12-53 §2, 8-15-2012]
[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.
