[R.O. 1992 § 630.005; Ord. No.
575 § I, 3-23-2006]
It is the purpose of this Chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, morals
and general welfare of the citizens of the City and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. The provisions of
this Chapter have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is neither the intent nor
effect of this Chapter to restrict or deny access by adults to sexually
oriented materials protected by the First Amendment or to deny access
by the distributors and exhibitors of sexually oriented entertainment
to their intended market. Neither is it the intent nor effect of this
Chapter to condone or legitimize the distribution of obscene materials.
[R.O. 1992 § 630.010; Ord. No.
575 § I, 3-23-2006; Ord. No. 744 § 1, 12-8-2011]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors,
videos or other image-producing devices are maintained to show images
to five (5) or fewer persons per machine at any one time and where
the images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" or "specified
anatomical areas."
A commercial establishment that, as one (1) of its principal
business purposes, offers for sale or rent for any form of consideration
any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations that are distinguished or characterized
by the depicting or describing of "specified sexual activities" or
"specified anatomical areas"; or
Instruments, devices, games or paraphernalia that are designed
for use in connection with "specified sexual activities."
A principal business purpose exists if materials offered for
sale or rent depicting or describing "specified sexual activities"
or "specified anatomical areas" generate ten percent (10%) or more
of the business's income or account for ten percent (10%) or
more of inventory or occupy ten percent (10%) or more of total floor
space. A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rent of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as "adult bookstore" or
"adult video store." Such other business purposes will not serve to
exempt such commercial establishments from being categorized as an
"adult bookstore" or "adult video store" so long as one (1) of its
principal business purposes is the offering for sale or rental for
consideration the specified materials that depict or describe "specified
sexual activities" or "specified anatomical areas."
A nightclub, bar, restaurant, cafe or similar commercial
establishment that regularly, commonly, habitually or consistently
features:
Persons who appear in a state of nudity or semi-nudity; or
Live performances that are distinguished or characterized by
the exposure of "specified anatomical areas" or by "specified sexual
activities"; or
Films, motion pictures, video cassettes, slides, photographic
reproductions or other image-producing devices that are distinguished
or characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
Persons who engage in "exotic" or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience
or customers.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions that are distinguished or characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas" and has a sign visible from the public right-of-way that advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that it less than twenty-four (24) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly, commonly, habitually or consistently
shown that are distinguished or characterized by the depiction or
description of "specified sexual activities" or "specified anatomical
areas."
A theater, concert hall, auditorium or similar commercial
establishment that regularly, commonly, habitually or consistently
features persons who appear, in person, in a state of nudity and/or
semi-nudity and/or live performances that are distinguished or characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities."
The City Clerk of the City and such employee(s) of the Clerk's
department as he/she may designate to perform the duties of the City
Clerk under this Chapter.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not the said person
is paid a salary, wage or other compensation by the operator of said
business. "Employee" does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on
the premises or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron
or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business;
The relocation of any sexually oriented business; or
A sexually oriented business or premises on which the sexually
oriented business is located.
A facility licensed by the State of Missouri, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than twelve (12) children under
fourteen (14) years of age, where such children are not related by
blood, marriage or adoption to the owner or operator of the facility,
for less than twenty-four (24) hours a day, regardless of whether
or not the facility is operated for a profit or charges for the services
it offers.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
A play, skit, opera, ballet, concert, comedy or musical drama.
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons for consideration.
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals or vulva,
with less than a fully opaque covering; or a female breast with less
than a fully opaque covering of any part of the areola; or human male
genitals in a discernibly turgid state even if completely and opaquely
covered.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee as described in the application for a business license pursuant to Section 630.020 of this Chapter.
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit
or other wearing apparel, provided the areola is not exposed in whole
or in part.
A business or commercial enterprise that, as one (1) of its
principal business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
Activities between persons of the opposite sex and/or persons
of the same sex when one (1) or more of the persons is in a state
of nudity or semi-nudity.
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A principal business purpose exists if the services offered
are intended to generate business income.
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An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center. Sexually
oriented business uses are classified as follows:
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; sexual assault; molestation of a child; or any similar sex-related
offenses to those described above under the criminal or penal code
of this State, other States or other countries.
For which:
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of an ordinance
violation offense;
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement imposed for
the last conviction, whichever is the later date, if the convictions
are for two (2) or more ordinance violation offenses or combination
of ordinance violation offenses occurring within any twenty-four-month
period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
The increase in floor areas occupied by the business by more
than twenty-five percent (25%), as the floor areas existed on March
23, 2006.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities that form 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
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[R.O. 1992 § 630.020; Ord. No.
575 § I, 3-23-2006]
A.
It shall be unlawful for any person to operate a sexually oriented
business without a valid sexually oriented business operator's
license ("operator's license") issued by the City Clerk pursuant
to this Chapter.
B.
An application for a sexually oriented business operator's license
must be made on a form provided by the City. The application must
be accompanied by a sketch or a 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 must be drawn to a designated scale or drawn with marked
dimensions of the interior of the premises to an accuracy of plus
or minus six (6) inches.
C.
All applicants for a license must be qualified according to the provisions
of this Chapter. The application may request, and the applicant shall
provide, such information reasonably necessary (including fingerprints)
to enable the City to determine whether the applicant meets the qualifications
established under this Chapter. The applicant has an affirmative duty
to supplement an application with new information received subsequent
to the date the application was deemed completed.
D.
If a person who wishes to own or operate a sexually oriented business
is an individual, he/she must sign the application for an operator's
license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual who
has a ten percent (10%) or greater interest in the business must sign
the application for an operator's license as applicant. If a
corporation is listed as owner of a sexually oriented business or
as the entity that wishes to operate such a business, all corporate
officers and directors must sign the application for an operator's
license as applicant.
E.
Applications for an operator's license, whether original or
renewal, must be made to the City Clerk by the intended operator of
the enterprise. Applications must be submitted to the office of the
City Clerk or the City Clerk's designee during regular working
hours. Application forms shall be supplied by the City Clerk. The
following information shall be provided on the application form:
1.
The name, street address (and mailing address if different)
of the applicant(s);
2.
The applicant's Social Security number and/or his/her State
or Federally issued tax identification number;
3.
The name under which the establishment is to be operated and
a general description of the services to be provided;
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he/she must state:
4.
Whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 630.010 "specified criminal activity" and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
5.
Whether the applicant has had a previous license under this
Chapter or other similar sexually oriented business ordinance from
another City or County denied, suspended or revoked, including the
name and location of the sexually oriented business for which the
business license was denied, suspended or revoked, as well as the
date of the denial, suspension or revocation and whether the applicant
is or has been a partner in a partnership or an officer, director
of a corporation that is or was licensed under a sexually oriented
business ordinance whose business license has previously been denied,
suspended or revoked, including the name and location of the sexually
oriented business for which the business license was denied, suspended
or revoked as well as the date of denial, suspension or revocation;
6.
Whether the applicant holds any other licenses under this Chapter
or other similar sexually oriented business ordinance from another
City or County and, if so, the names and locations of such other licensed
businesses;
7.
The single classification of license, as found in Section 630.010 "sexually oriented business," for which the applicant is filing;
8.
The telephone number of the establishment;
9.
The address and legal description of the tract of land on which
the establishment is to be located;
10.
If the establishment is in operation, the date on which the
owner(s) acquired the establishment for which the business license
is sought and the date on which the establishment began operations
as a sexually oriented business at the location for which the business
license is sought;
11.
If the establishment is not in operation, the expected start-up
date (which shall be expressed in number of days from the date of
issuance of the business license). If the expected start-up date is
to be more than ten (10) days following the date of issuance of the
business license, then a detailed explanation of the construction,
repair or remodeling work or other cause of the expected delay and
a statement of the owner's time schedule and plan for accomplishing
the same;
12.
If an applicant wishes to operate a sexually oriented business,
other than an adult motel, which shall exhibit on the premises, in
a viewing room or booth of less than one hundred fifty (150) square
feet of floor space, films, video cassettes, other video reproductions
or live entertainment which depict specified sexual activities or
specified anatomical areas, then the applicant shall comply with the
application requirements set forth in this Section.
F.
Each application for an operator's license shall be accompanied
by the following:
1.
Payment of the application fee in full;
2.
If the establishment is a State of Missouri corporation, a certified
copy of the Articles of Incorporation, together with all amendments
thereto;
3.
If the establishment is a foreign corporation, a certified copy
of the certificate of authority to transact business in this State,
together with all amendments thereto;
4.
If the establishment is a limited partnership formed under the
laws of the State of Missouri, a certified copy of the certificate
of limited partnership, together with all amendments thereto;
5.
If the establishment is a foreign limited partnership, a certified
copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto;
6.
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the recorded
deed;
7.
If the persons identified as the fee owner(s) of the tract of
land in item six (6) is not also the owner of the sexually oriented
business, then the lease, purchase contract, purchase option contract,
lease option contract or other document(s) evidencing the legally
enforceable right of the owner(s) or proposed owner(s) of the sexually
oriented business to have or obtain the use and possession of the
tract or portion thereof that is to be used for the sexually oriented
business;
8.
A current certificate and straight-line drawing prepared within
thirty (30) days prior to application by a registered land surveyor
depicting the structures containing any existing sexually oriented
businesses within five hundred (500) feet of the property to be certified;
and the property lines of any established religious institution/synagogue,
school, public park or recreation area within one thousand five hundred
(1,500) feet of the property to be certified. For purposes of this
Section, a use shall be considered existing or established if it is
in existence at the time an application is submitted;
9.
Any of items (2) through (8) above shall not be required for
a renewal application if the applicant states that the documents previously
furnished to the City Clerk with the original application or previous
renewals thereof remain correct and current.
[R.O. 1992 § 630.030; Ord. No.
575 § I, 3-23-2006]
A.
If application is made for a sexually oriented business operator's
license, the City Clerk shall approve or deny issuance of the license
within thirty (30) days of receipt of the completed application. The
City Clerk shall issue a license to an applicant unless it is determined
by a preponderance of the evidence that one (1) or more of the following
findings is true:
1.
An applicant has failed to provide the information reasonably
necessary for issuance of the license or has falsely answered a question
or request for information on the application form;
2.
An applicant is under the age of eighteen (18) years;
3.
An applicant has been denied a license by the City to operate
a sexually oriented business within the preceding twelve (12) months
or whose license to operate a sexually oriented business has been
revoked within the preceding twelve (12) months;
4.
An applicant is overdue in payment to the City for taxes, fees,
fines or penalties assessed against or imposed upon him/her in relation
to the sexually oriented business for which license is sought or the
property on which the sexually oriented business is located or will
be located;
5.
An applicant has been convicted of a "specified criminal activity" as defined in Section 630.010;
6.
The premises to be used for the sexually oriented business have
not been approved by the Health Department, Building Department and
Zoning Department as being in compliance with applicable laws and
ordinances, if such approval is required under other Sections of this
Chapter;
7.
The license fee required under this Chapter has not been paid;
8.
An applicant of the proposed establishment is in violation of
or is not in compliance with one (1) or more of the provisions of
this Chapter.
B.
A license issued pursuant to Subsection (A) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the Section 630.010 "sexually oriented business" classification for which the license is issued. The license shall be pasted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
C.
If so required under other Sections of this Chapter, the Health Department, Building Department and Zoning Department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the City Clerk. The certification shall be promptly presented to the City Clerk. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in Subsection (A). In the event the City Clerk fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.
D.
A sexually oriented business license shall issue for only one (1) classification as set forth in Section 630.010 "sexually oriented business."
E.
The event that the City Clerk determines that an applicant is not
eligible for a sexually oriented operator's license, the applicant
shall be given notice in writing of the reasons for the denial within
thirty (30) days of the receipt of the completed application by the
City Clerk, provided that the applicant may request, in writing at
any time before the notice is issued, that such period be extended
for an additional period of not more than ten (10) days in order to
make modifications necessary to comply with this Chapter.
F.
An applicant may appeal the decision of the City Clerk regarding a denial to the Board of Aldermen by filing a written notice of appeal with the City Clerk within ten (10) days after service of notice upon the applicant of the City Clerk's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Clerk may, within fifteen (15) days of service upon him/her of the applicant's memorandum, submit a responsive memorandum to the Board of Aldermen. After reviewing such memoranda, as well as the City Clerk's written decision, if any, and exhibits submitted to the City Clerk, the Board of Aldermen shall vote either to uphold or overrule the City Clerk's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City Secretary receives the notice of appeal. Judicial review of a denial by the City Clerk and Board of Aldermen may be made pursuant to Section 630.080 of this Chapter.
G.
A license issued pursuant to Subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City Clerk that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 630.040.
H.
A business existing and operating as a sexually oriented business
at the time of the adoption of this Chapter shall have seventy-five
(75) days in which to comply with the licensing provisions required
herein.
[R.O. 1992 § 630.040; Ord. No.
575 § I, 3-23-2006]
The annual fee for a sexually oriented business operator's
license, whether new or renewal, is five hundred dollars ($500.00).
These fees are to be used to pay for the cost of the administration
and enforcement of this Chapter.
[R.O. 1992 § 630.050; Ord. No.
575 § I, 3-23-2006]
The Chief of Police, Health Inspector or any designated members
of the Police Department shall from time to time and at least twice
a year make an inspection of each "sexually oriented business" establishment
for the purposes of determining that the provisions of this Chapter
are complied with. Such inspections shall be made at reasonable times
and in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
[R.O. 1992 § 630.060; Ord. No.
575 § I, 3-23-2006]
A.
Each license shall expire one (1) year from the date of issuance and may be renewed only by mailing application as provided in Section 630.020. Application for renewal should be made at least thirty (30) days before the expiration date. When application is made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B.
When the City Clerk denies renewal of a license, the applicant shall
not be issued a license for one (1) year from the date of denial.
[R.O. 1992 § 630.070; Ord. No.
575 § I, 3-23-2006]
A.
The City Clerk shall suspend a license for a period not to exceed
thirty (30) days if he/she determines that licensee has:
1.
Violated or is not in compliance with any Section of this Chapter;
2.
Operated or performed services in a sexually oriented business
while intoxicated by the use of alcoholic beverages or controlled
substances;
3.
Refused to allow prompt inspection of the sexually oriented
business premises as authorized by this Chapter;
4.
With knowledge, permitted gambling by any person on the sexually
oriented business premises.
A licensee may appeal the revocation of a license to the Board of Aldermen in accordance with the procedure set forth in Section 630.030(F) or may seek direct judicial review pursuant to Section 630.080.
B.
The City Clerk shall revoke a license if a cause of suspension occurs
and the license has been suspended within the proceeding twelve (12)
months.
C.
The City Clerk shall revoke a license if he/she determines that:
1.
A licensee gave materially false or misleading information in
the material submitted during the application process;
2.
A licensee was convicted of a "specified criminal activity"
on a charge that was pending prior to the issuance of the license;
3.
A licensee has, with knowledge, permitted the possession, use
or sale of controlled substances on the premises;
4.
A licensee has, with knowledge, permitted the sale, use or consumption
of alcoholic beverages on the premises;
5.
A licensee has, with knowledge, permitted prostitution on the
premises;
6.
A licensee has, with knowledge, operated the sexually oriented
business during a period of time when the licensee's license
was suspended;
7.
A licensee has, with knowledge, permitted any act of sexual
intercourse, sodomy, oral copulation, masturbation or other sexual
conduct to occur in or on the licensed premises;
8.
A licensee is delinquent in payment to the City or State for
any taxes, fees, fines or penalties relating to the sexually oriented
business or the premises thereon;
9.
A licensee has, with knowledge, permitted a person under eighteen
(18) years of age to enter or remain in the establishment;
10.
A licensee has attempted to sell his business license or has
sold, assigned or transferred ownership or control of the sexually
oriented business to a non-licensee of the establishment; or
11.
A licensee has, with knowledge, permitted a person or persons
to engage in specified sexual activities on the premises of the sexually
oriented business.
D.
When the City Clerk revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a license for one (1) year from the date revocation became effective. A licensee may appeal the revocation of a license to the Board of Aldermen in accordance with the procedure set forth in Section 630.030(F) or may seek direct judicial review pursuant to Section 630.080.
[R.O. 1992 § 630.080; Ord. No.
575 § I, 3-23-2006]
Within twenty-one (21) days of a denial of an initial or renewal
application by the City Clerk and Board of Aldermen or suspension
or revocation of a license by the City Clerk or his/her designee,
the applicant or licensee may seek judicial review of such administrative
action in any court of competent jurisdiction, State or Federal. The
administrative action shall then be reviewed by the court for a prompt
judicial determination.
[R.O. 1992 § 630.090; Ord. No.
575 § I, 3-23-2006]
A.
A licensee shall not transfer his/her license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application and set forth in the operator's license.
B.
An operator's license shall not be transferable from one (1)
location to another.
[R.O. 1992 § 630.100; Ord. No.
575 § I, 3-23-2006]
A.
Sexually oriented businesses shall be allowed in any Industrial District
as a conditional use, provided that:
1.
The sexually oriented business may not be operated within one
thousand (1,000) feet of:
a.
A church, synagogue, mosque, temple or building which is used
primarily for religious worship and related religious activities;
b.
A public or private educational facility, including, but not
limited to, child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges and universities; school includes the school ground,
but does not include the facilities used primarily for another purpose
and only incidentally as a school;
c.
A public park or recreational area which has been designated
for park or recreational activities including, but not limited to,
a park, playground, nature trails, swimming pool, reservoir, athletic
field, basketball or tennis courts, skating rink, pedestrian/bicycle
paths, wilderness areas or other similar public land within the City
which is under the control, operation or management of the City park
and recreation authorities;
d.
The property line of a lot zoned for residential use and devoted to a residential use as defined in Chapter 405, Zoning Regulations; or
e.
Another sexually oriented business.
2.
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business that is classified in accordance with Section 630.010, definition of sexually oriented business.
3.
For the purpose of this Chapter, measurement shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest portion of the parcel used as a part of the premises
where a sexually oriented business is conducted to the nearest property
line of the parcel of a church, synagogue, regular place of worship
or public or private elementary or secondary school or to the nearest
boundary of an affected public park, residential district or residential
lot or licensed day care center.
4.
For purposes of Subsection (A)(3) of this Section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel on which the other sexually oriented business is located.
5.
No operator shall allow or permit a sexually oriented business
to be or remain open between the hours of 12:00 midnight and 6:00
A.M. on any day.
[R.O. 1992 § 630.110; Ord. No.
575 § I, 3-23-2006]
A.
Any business lawfully operating on the effective date of this Chapter
that is in violation of the locational or structural configuration
requirements of this Chapter shall be deemed a non-conforming use.
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 sexually oriented businesses are within one thousand
five hundred (1,500) feet of one another and otherwise in a permissible
location, the sexually oriented business that was first established
and continually operated at a particular location is the conforming
use and the later established businesses is non-conforming.
B.
A sexually oriented business lawfully operating as a conforming use
is not rendered a non-conforming use by the location, subsequent to
the grant or renewal of the sexually oriented business license, of
a church, synagogue or regular place of religious worship, public
or private elementary or secondary school, licensed day-care center,
public park or residential district within one thousand five hundred
(1,500) feet of the sexually oriented business. This provision applies
only to the renewal of a valid business license and does not apply
when an application for a business license is submitted after an operator's
license has expired or has been revoked.
[R.O. 1992 § 630.120; Ord. No.
575 § I, 3-23-2006]
A.
It shall be unlawful for an owner or operator of a sexually oriented
business to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
B.
It shall be unlawful for the owner or operator of a sexually oriented
business to allow the exterior portion of the sexually oriented business
to have flashing lights or any words, lettering, photographs, silhouettes,
drawings or pictorial representations of any manner except to the
extent permitted by the provisions of this Chapter.
C.
It shall be unlawful for the owner or operator of a sexually oriented
business to allow exterior portions of the establishment to be painted
any color other than a single achromatic color. This provision shall
not apply to a sexually oriented business if the following conditions
are met:
1.
The establishment is a part of a commercial multi-unit center;
and
2.
The exterior portions of each individual unit in the commercial
multi-unit center, including the exterior portions of the business,
are painted the same color as one another or are painted in such a
way so as to be a component of the overall architectural style or
pattern of the commercial multi-unit center.
D.
Nothing in this Section shall be construed to require the painting
of an otherwise unpainted exterior portion of a sexually oriented
business.
[R.O. 1992 § 630.130; Ord. No.
575 § I, 3-23-2006]
A.
Notwithstanding any other City ordinance, code or regulation to the
contrary, it shall be unlawful for the operator of any sexually oriented
business or any other person to erect, construct or maintain any sign
for the sexually oriented business other than the one (1) primary
sign and one (1) secondary sign as provided herein.
C.
Primary signs shall contain no photographs, silhouettes, drawings
or pictorial representations in any manner and may contain only the
name of the enterprise.
D.
Each letter forming a word on a primary sign shall be of solid color
and each such letter shall be the same print-type, size and color.
The background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E.
Secondary signs shall have only one (1) display surface. Such display
surface shall:
[R.O. 1992 § 630.140; Ord. No.
575 § I, 3-23-2006]
A.
It shall be unlawful to allow a person who is younger than eighteen
(18) years of age to enter or be on the premises of a sexually oriented
business at any time the sexually oriented business is open for business.
B.
It shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
business's regular business hours. It shall be the duty of the
attendant to prohibit any person under the age of eighteen (18) years
from entering the sexually oriented business. It shall be presumed
that an attendant knew a person was under the age of eighteen (18)
unless such attendant asked for and was furnished:
[R.O. 1992 § 630.150; Ord. No.
575 § I, 3-23-2006]
No sexually oriented business, except for an adult motel and
a business that has a current/valid State liquor license, may remain
open at any time between the hours of 10:00 P.M. and 11:00 A.M. on
weekdays and Saturdays. No sexually oriented business shall open for
business or remain open for business on Sunday or any legal holiday
recognized by the State of Missouri.
[R.O. 1992 § 630.160; Ord. No.
575 § 1, 3-23-2006]
A.
Any notice required or permitted to be given by the City Clerk or
any other City office, division, department or other agency under
this Chapter to any applicant, operator or owner of a sexually oriented
business may be given either by personal delivery or by certified
United States mail, postage prepaid, return receipt requested, addressed
to the most recent address as specified in the application for the
license or any notice of address change that has been received by
the City Clerk. Notices mailed as above shall be deemed given upon
their deposit in the United States mail. In the event that any notice
given by mail is returned by the postal service, the City Clerk or
his designee shall cause it to be posted at the principal entrance
to the establishment.
B.
Any notice required or permitted to be given to the City Clerk by
any person under this Section shall not be deemed given until and
unless it is received in the office of the City Clerk.
C.
It shall be the duty of each owner who is designated on the license
application and each operator to furnish notice to the City Clerk
in writing of any change of residence or mailing address.
[R.O. 1992 § 630.170; Ord. No.
575 § I, 3-23-2006]
A.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than one hundred fifty (150) square feet
of floor space a film, video cassette or other video reproduction
that depicts specified sexual activities or specified anatomical areas
shall comply with the following requirements:
1.
Upon application for a sexually oriented business license, the
application shall be accompanied by a diagram of the premises showing
a plan thereof specifying the location of one (1) or more manager's
stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted.
A manager's station may not exceed thirty-two (32) square feet
of floor area. The diagram shall also designate the place at which
the business license will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be
drawn to a designated scale or with marked dimensions sufficient to
show the various internal dimensions of all areas of the interior
of the premises to an accuracy of plus or minus six (6) inches. The
City Clerk 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 said diagram 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 a manager's
station may be made without the prior approval of the City Clerk or
his/her designee.
4.
It is the duty of the owners and operator of the premises to
ensure that at least one (1) employee is on duty and situated in each
manager's 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 a manager's station of
the entire area of the premises to which any patron is permitted access
for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two (2) or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of the entire
area of the premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations. The
view required in this Subsection must be by direct line of sight from
the manager's station.
6.
It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (A)(5) of this Section remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks or other object(s) shall obstruct from view of the manager's station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted as designated in the application filed pursuant to Subsection (A)(1) of this Section.
7.
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.
8.
It shall be the duty of the operators and it shall also be the
duty of any agents and employees present in the premises, to ensure
that the illumination described above is maintained at all times that
any patron is present in the premises.
9.
No viewing room or booth may be occupied by more than one (1)
person at any time.
10.
No opening of any kind shall exist between viewing rooms or
booths.
11.
It shall be the duty of the operator, and it shall also be the
duty of any agents and employees present in the premises, to ensure
that no more than one (1) person at a time occupies a viewing booth
or room and to ensure that no person attempts to make an opening of
any kind between the viewing booths or rooms.
12.
The operator of the sexually oriented business shall, each business
day, inspect the walls between the viewing booths to determine if
any openings or holes exist.
13.
The operator of the sexually oriented business shall cause all
floor coverings in viewing booths to be non-porous, easily cleanable
surfaces, with no rugs or carpeting.
14.
The operator of the sexually oriented business 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.
[R.O. 1992 § 630.180; Ord. No.
575 § I, 3-23-2006]
A.
It is a defense to prosecution under this Chapter that a person appearing
in a state of nudity did so in a modeling class operated:
1.
By a proprietary school licensed by the State of Missouri, a
college, junior college or university supported entirely or partly
by taxation.
2.
By a private collage or university that maintains and operates
educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation.
B.
Notwithstanding any other provisions in this Chapter, movies rate
G, PG, PG-13 or R by the Motion Picture Association of America (MPAA)
or live theatrical performances with serious artistic, social or political
value that depict or describe specified anatomical areas or specified
sexual activities are expressly exempted from regulation under this
Chapter.
[R.O. 1992 § 630.190; Ord. No.
575 § I, 3-23-2006]
A person who operates or causes to be operated a sexually oriented business without a valid operator's license or in violation of Section 630.020 of this Chapter, is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.
