[Ord. No. 1471 §5, 11-5-2002]
Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give the most reasonable application. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
ADULT BOOKSTORE
An establishment having ten percent (10%) or more of its stock in trade, in books, photographs, magazines, films for sale or viewing on or off the premises by use of motion picture devices, video players, DVD players, computers, or coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein or the principal purpose of which is to stimulate or arouse sexually the patron viewer or reader.
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any type including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons or if the entertainment involves a person who is nude, unless otherwise prohibited by ordinance, or in such attire, costume or clothing as to expose to view any portion of human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered. Adult bookstores shall be considered adult entertainment for purposes of this Chapter.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron or member.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment premises as defined in this Section, whether or not a fee is charged or accepted for entertainment.
EROTIC DANCE
Any dance performed by an erotic dancer in an erotic dance establishment which emphasizes or seeks to arouse or excite a patron's sexual desires.
MANAGER
Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
OPERATOR
Any person operating, conducting or maintaining an adult entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, martial community, joint venture, governmental entity, or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult entertainment business.
SPECIFIED ANATOMICAL AREAS
1. 
Uncovered or exposed human genitals, pubic region or pubic hair, or buttock, or female breast or breasts below a point immediately above the top of the areola or nipple, or any combination of the foregoing; or
2. 
Human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated; acts of human masturbation; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
[Ord. No. 1471 §5, 11-5-2002]
A. 
Notwithstanding the provisions of Section 605.020, it shall be unlawful for any person to operate or maintain an adult entertainment business in the City unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the City or to operate such business after such license has been revoked or suspended by the City.
B. 
It is unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult entertainment business.
C. 
It shall be prima facia evidence that any adult entertainment business that fails to have posted, in the manner required by this Section, an adult entertainment business license, has not obtained such a license. In addition, it shall be prima facia evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business in which an adult entertainment license is not posted, in the manner required by this Section, had knowledge that such business was not licensed.
[Ord. No. 1471 §5, 11-5-2002]
It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment business without first obtaining a license to do so from the City or to work as an entertainer, server or manager at an adult entertainment business after such person's license to do so has been revoked or suspended.
[Ord. No. 1471 §5, 11-5-2002]
A. 
The license year for all fees required under this Chapter shall be as stated in Chapter 605. The application for a license shall be accompanied by payment in full and no application shall be considered complete until such fee is paid.
B. 
All licenses shall be issued for a specific location and shall be non-refundable and non-transferable.
C. 
The classification of licenses and fees shall be as set forth in Section 605.070 of the City Code.
[Ord. No. 1471 §5, 11-5-2002]
A. 
Adult Entertainment Business Application. All persons desiring to secure a license to operate an adult entertainment business under the provisions of this Chapter shall make application with the City Administrator. All applications shall be submitted in the name of the person proposing to conduct or operate the adult entertainment business. All applications shall be submitted on a form supplied by the City Administrator and shall require the following information:
1. 
The name, residence address, home telephone number, occupation, date and place of birth and Social Security number of the applicant.
2. 
The name of the adult entertainment business, a description of the adult entertainment to be performed on the licensed premises, and the name of the owner of the premises where the adult entertainment business will be located.
3. 
The names, residence addresses, Social Security numbers and dates of birth of all partners, if the applicant is a partnership; and if the applicant is a corporation or limited liability company, the same information for all corporate officers and directors, stockholders or members who own more than ten percent (10%) or greater interest in the corporation or limited liability company.
4. 
The addresses of the applicant, or of all partners, or of all corporate officers, directors and members for the five (5) years immediately prior to the date of application.
5. 
A description of the adult entertainment or similar business history of the applicant, or of all partners, or of all corporate officers, directors and members; whether any such person or entity, in previously operating in this or another City, County or State, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation.
6. 
A statement of the business, occupation or employment of the applicant, or of all partners, members, or of all corporate officers and directors for the three (3) years immediately preceding the date of the application.
7. 
A statement from the applicant, or from each partner, member, or from each corporate officer and director that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. 
A felony criminal act within five (5) years immediately preceding the application, or
b. 
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled Substance Act or other Statutes or ordinances.
c. 
The statement shall also indicate that the applicant, each partner or each corporate officer, director or member has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
8. 
A full set of fingerprints and a photograph to be taken by the Police Department of the applicant, or of all partners if the applicant is a partnership, or of all corporate officers, directors or members if the applicant is a corporation.
9. 
If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Missouri Secretary of State.
10. 
A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter regulating adult entertainment businesses.
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed.
B. 
Adult Entertainment Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of this Chapter to be an adult entertainment manager, server or entertainer shall make a notarized application with the City Administrator. All applicants shall be submitted in the name of the person proposing to be an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by the City Administrator and shall require the following information:
1. 
The applicant's name, home address, home telephone number, date and place of birth, Social Security number and any stage names or nicknames used in entertaining.
2. 
The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer and an "intent to hire" statement from an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this Chapter indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.
3. 
A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. 
A felony criminal act within five (5) years immediately preceding the application, or
b. 
A misdemeanor criminal act within two (2) years immediately preceding the application where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled Substance Act or other Statutes or ordinances.
c. 
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
4. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant.
5. 
The applicant shall present to the City Administrator who shall copy documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
a. 
A motor vehicle operator's license issued by any State bearing this applicant's photograph and date of birth;
b. 
A State-issued identification card bearing the applicant's photograph and date of birth;
c. 
An official and valid passport issued by the United States of America;
d. 
An immigration card issued by the United States of America;
e. 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Administrator; or
f. 
Any other form of identification deemed reliable by the City Administrator.
Failure to provide the information required by this Subsection shall constitute an incomplete application and shall not be processed.
C. 
Application Processing.
1. 
Upon receipt of a complete application for an adult entertainment or an adult entertainment manager, server or entertainer license, the City Administrator shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the application. In addition, the City Administrator shall transmit a copy of the application to the Building Commissioner. It shall be the duty of the Chief of Police or his/her designee to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Administrator not later than ten (10) working days from the date the application is received by the City Administrator. It shall be the duty of the Building Commissioner to determine whether the structure where the adult entertainment business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City.
2. 
The Building Commissioner shall report the results of the investigation to the City Administrator not later than ten (10) working days from the date the application is received by the City Administrator. Upon receipt of the reports from the Chief of Police and the Building Commissioner, the City Administrator shall schedule the application for the consideration by the Board of Aldermen at the earliest meeting consistent with the notification requirements established by law, providing the licensed application for an adult entertainment business and for an adult entertainment business manager, server or entertainer license shall be approved or disapproved within forty-five (45) days of the date of filing of a completed application with the City Administrator's office. The applicant shall be notified in writing of the date when the Board of Aldermen will consider the application.
[Ord. No. 1471 §5, 11-5-2002]
A. 
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the City Administrator shall examine the application and after such examination, the City Administrator shall, if the applicant is qualified, approve a license as provided for by law.
B. 
The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.
C. 
If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known address, and the notification shall state that basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law.
[Ord. No. 1471 §5, 11-5-2002]
A. 
No person is eligible nor shall a license be issued to:
1. 
An adult entertainment business applicant if one (1) or more of the following conditions exist:
a. 
The applicant failed to supply all of the information requested on the application.
b. 
The applicant gave materially false, fraudulent or untruthful information on the application.
c. 
The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Board of Aldermen.
d. 
The applicant has been convicted of any felony or a misdemeanor involving sexual misconduct.
e. 
The applicant has had an adult entertainment license revoked or suspended in this or any other City during the past five (5) years.
2. 
An applicant for an adult entertainment manager, server or entertainer if one (1) or more of the following conditions exist:
a. 
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (1) above.
b. 
The applicant has been convicted of any felony or a misdemeanor involving sexual misconduct.
c. 
The applicant failed to provide all of the information required on the application.
d. 
The applicant gave materially false, fraudulent or untruthful information on the application.
e. 
The applicant has had an adult entertainment manager, server or entertainer license revoked or suspended in this or any other City during past five (5) years.
[Ord. No. 1471 §5, 11-5-2002]
A. 
The following standards of conduct shall be adhered to by all adult entertainment business licensees, their employees and all adult entertainment business managers, servers and entertainers and patrons of adult entertainment businesses while on or about the premises of the business:
1. 
Interior restrictions.
a. 
It shall be unlawful for any erotic dancer to dance at a distance of less than ten (10) feet from any patron or to touch any patron while dancing.
b. 
It shall be unlawful for any erotic dancer to dance on a stage that is not raised at least two (2) feet above the area on which the patron or patrons sit or stand.
2. 
Age restriction. Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult entertainment business.
3. 
Exterior observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or other physical barrier on all customer entrances that will insure observation of the interior of the premises and is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
4. 
Exterior display. No adult entertainment business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
5. 
Nudity prohibited — exceptions. No employee, server or entertainer in an adult entertainment business shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area.
6. 
Certain acts prohibited.
a. 
No employee, server or entertainer shall perform any specified sexual activities as defined herein, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
b. 
No employee, server, entertainer or patron of an adult entertainment business shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
c. 
No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
d. 
No adult entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this Chapter and no adult entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:
(1) 
While such entertainer is on the stage or platform, a customer or patron may place such payment or gratuity into a box affixed to the stage, or
(2) 
While such entertainer is not on the stage or platform and is clothed so as to not expose to view any specified anatomical area, a customer or patron may place such payment or gratuity into the entertainer's hand.
e. 
No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:
(1) 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises (unless otherwise permitted pursuant to Chapter 600, Alcoholic Beverages of this Code);
(2) 
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
(3) 
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises;
(4) 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
(5) 
Knowingly allow or permit a violation of this Chapter or any other City ordinance provision or State law.
7. 
Signs required. All adult entertainment businesses shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which shall reads as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF ROCK HILL
ENTERTAINERS ARE:
*
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
*
Not permitted to be nude, unclothed, or in less than opaque 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 and or genitals, unless upon a stage at least two (2) feet above the customer floor and a sufficient distance from the customers to prevent the customers from touching the entertainers.
*
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
-
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage, or
-
While such entertainer is not on the stage, by placing such payment or gratuity into the entertainer's hand.
CUSTOMERS ARE:
*
Not permitted to be upon the stage at any time.
*
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
8. 
Lighting required. The premises of all adult entertainment businesses shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access to an illumination of not less that one (1) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
9. 
Closed booth or room prohibited. The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire interior portions of any booths, cubicles, rooms or stalls are visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
10. 
Ventilation and sanitation requirements. The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
11. 
Hours of operation. No adult entertainment business may be open or in use between the hours of 1:30 A.M. and 9:00 A.M. on any day other than a Sunday when the business may not be open between the hours of 1:30 A.M. and 12:00 Noon.
[Ord. No. 1471 §5, 11-5-2002]
A. 
Every person, corporation, partnership or association licensed under this Chapter as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises.
B. 
Every person holding an adult entertainment server, manager or entertainer license shall post his/her license in his/her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Chapter.
[Ord. No. 1471 §5, 11-5-2002]
A. 
An adult entertainment manager shall be on duty at any adult entertainment business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
B. 
It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid adult entertainer's license or an adult entertainment server's license and that such licenses are prominently posted.
[Ord. No. 1471 §5, 11-5-2002]
All adult entertainment businesses shall permit representatives of the Police Department or any other City Official acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.
[Ord. No. 1471 §5, 11-5-2002]
A. 
Whenever the City Administrator has information that:
1. 
The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated or knowingly allowed or permitted the violation of any of the provisions of the City Code;
2. 
There have been recurrent violations of provisions of this Chapter that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were committed;
3. 
The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false statements in the application for such license or renewal thereof;
4. 
The adult entertainment business licensee or the adult entertainment manager, server or entertainer licensee failed to make a complete disclosure of all information in the application for such license or renewal thereof;
5. 
The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 635.070(1)(d); or
6. 
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 635.070(1)(d), then the City Administrator shall conduct a public hearing to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the City Administrator may take any of the following actions:
a. 
Suspend the license for up to ninety (90) days.
b. 
Revoke the license for the remainder of the license year.
c. 
Place the license holder on administrative probation for a period of up to one (1) year on the condition that no further violations of the Chapter occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, license will be revoked for the remainder of the license year.
d. 
Any action authorized in Section 605.150 of the City Code not inconsistent with this Section.
[Ord. No. 1471 §5, 11-5-2002]
A. 
A license may be renewed by making an application for renewal to the City Administrator on application forms provided for that purpose. Licenses shall expire on March fifteenth (15th) of each calendar year and renewal applications for such licenses shall be submitted to the City Administrator by February fifteenth (15th) of each license year.
B. 
Upon timely application and review as provided for a new license, a license issued under the provisions of this Chapter shall be renewed by issuance of a new license in the manner provided in this Chapter.
C. 
If the application for renewal of a license is not made during the time otherwise provided in the Rock Hill City Code, a new application shall be required.
[Ord. No. 1471 §5, 11-5-2002]
Following the entry of an order by the City Administrator suspending or revoking a license issued pursuant to this Chapter or disapproving the renewal application for a license, such licensee or applicant may seek administrative or judicial review in a manner provided by law.
[Ord. No. 1471 §5, 11-5-2002]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or be punished by incarceration for a period not to exceed ninety (90) days, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Chapter shall constitute a separate and distinct offense.