City of Chillicothe, MO
Livingston County
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Table of Contents
Table of Contents
[CC 1999 §15-86; Ord. No. 98-123, 9-28-1998]
A. 
The following provisions regarding regulation of adult businesses are adopted and shall be set out in the following Subsections.
B. 
Definitions. The following definitions shall apply to this Section; the terms set out are further defined below:
ADULT BUSINESS
Any business enterprise:
1. 
That has as a primary business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or
2. 
That has one (1) of the following as a primary business purpose:
a. 
The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
b. 
The providing of non-medical services related to specified sexual activities or specified anatomical areas.
The definition of "adult business" also includes, but is not limited to, any and all of the following as defined herein:
1.
Any of the following businesses offering goods for sale or rent:
a.
Adult retail establishments: An establishment which as a primary business purpose offers for sale or rent any one (1) or more of the following: instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore defined herein.
b.
Adult bookstore: An establishment which as a primary business purpose offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films, videotapes or any form of visual representation which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
c.
Adult media outlet: An establishment that has as a primary business purpose the rental, sale or offering for viewing off the premises or other use of any adult media.
d.
Adult newsrack: Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
e.
Adult newsstand: A freestanding structure, vehicle or booth which as a primary business purpose offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
CUSTOMER
Any person who:
1. 
Is allowed to enter an adult business in return for the payment of an admission fee or any other form of consideration or gratuity; or
2. 
Enters an adult business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services whatsoever directly related to the operation of an adult business.
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 business.
OPERATOR
Any person owning, operating, conducting or maintaining an adult business.
PRIMARY BUSINESS PURPOSE
1. 
Fifty percent (50%) or more of the gross floor space is devoted to that purpose; or
2. 
Fifty percent (50%) or more of the retail floor space is devoted to that purpose; or
3. 
Fifty percent (50%) or more of the sales of the business are derived from that purpose.
PUBLIC PLACE
Mean any area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
1. 
Human genitals, pubic region or pubic hair; or
2. 
Buttock; or
3. 
Female breast or breasts below a point immediately above the top of the areola; or
4. 
Any combination of the foregoing; or
5. 
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
C. 
License Required.
1. 
It shall be unlawful for any person to operate or maintain an adult business within the City until the owner of such business has applied to the office of the City Clerk for a license to operate such business and such license has been duly approved by the City Council or to operate such establishment after such license has been revoked or suspended by the City or has expired as set forth in this Chapter.
2. 
It shall be unlawful for any adult business to allow a manager to work at the premises within the City until such manager has applied to the office of the City Clerk for a license and such license has been duly issued by the City Clerk or to work at such business after such license has been revoked or suspended by the City or has expired as set forth in this Section.
3. 
Every owner, operator, manager or other employee required to be licensed by this Section shall post such license in a conspicuous place on the licensed premises so it is readily available for inspection by City authorities responsible for enforcement of this Section yet is not viewable from the public areas of the business.
D. 
Application For License — City Council Consideration — Renewal.
1. 
An application for license for the operation of an adult business in the City shall be obtained from the City Clerk.
2. 
Each such application shall be submitted in the name of the person proposing to conduct or operate the adult business and shall be notarized. All applications shall contain the following information:
a. 
The business name, address and telephone number of the establishment, a description of the adult business to be performed on the premises and the name or names of the owner of the premises where the adult business will be located.
b. 
The name, residence address, home telephone number, occupation, date and place of birth and Social Security number of the applicant.
c. 
The names, residence addresses, Social Security numbers and dates of births of all partners, if the applicant is a partnership and if the applicant is a corporation or a limited liability company, the same information for all corporate officers, directors and stockholders and all limited liability company managers and members.
d. 
The addresses of the applicant or of all partners or of all corporate officers and directors or of all limited liability company managers or members for the five (5) years immediately prior to the date of the application.
e. 
A description of the adult business or similar business history of the applicant or of all partners or of all corporate officers and directors or of all limited liability company managers 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.
f. 
A statement of each and every business, occupation or employment of the applicant or of all partners or of all corporate officers and directors or of all limited liability company managers and members for the three (3) years immediately preceding the date of the application.
g. 
A statement from the applicant or from each partner or from each corporate officer and director or from each limited liability company manager and member, that each such person has not been convicted of, released from confinement for conviction of or diverted from prosecution on:
(1) 
A felony criminal act within five (5) years immediately preceding the application, or
(2) 
A misdemeanor criminal act within five (5) years immediately preceding the application, where such 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 the Criminal Code of the jurisdiction in which the offense was charged or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.
The statement shall also indicate that no applicant, partner or corporate officer or director has 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 the sale of controlled substances or illegal drugs or narcotics.
h. 
A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Section.
3. 
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Council shall, within forty-five (45) days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the City Council. If the application meets all the requirements as set forth in this Chapter, the City Council may issue a license for operation of the adult business. Such license shall be issued until June thirtieth (30th) of the year in which such license is issued or June thirtieth (30th) of the next year, if the license is issued after July first (1st) but prior to January first (1st).
4. 
Such license shall not be issued if the applicant has been convicted of, released from confinement for conviction of or diverted from prosecution on any of offenses as set forth.
E. 
Transferability — Revocation And/Or Suspension Of License.
1. 
Licenses issued under this Chapter shall not be transferable, either to any person, persons or other entities.
2. 
Any license issued under this Chapter may be suspended by the City Clerk and subject to possible revocation by the City Council upon a showing in any Municipal or Circuit Court of probable cause leading to formal charges against the applicant, manager, operator, owner or part owner of the business so licensed for any misdemeanor or felony offense. The suspension shall be lifted upon dismissal of such charges, acquittal in a court of law or, in the case of a manager, upon the installation of a new manager.
3. 
Any license issued under this Section may be revoked by the City Council upon a showing:
a. 
Of violations of the standards of this Section.
b. 
Such license was obtained through false statements in the application for such license or renewal thereof.
c. 
The owner or operator or any partner or any corporate officer or director or any other individual holding such a license has become disqualified from having such a license by a conviction as provided in this Chapter.
d. 
The license failed to make a complete disclosure of all information in the application for such license or renewal thereof.
F. 
Location Of Adult Business.
1. 
No adult business shall be located or situated at less distance than one thousand (1,000) feet from any property occupied by a public or private school, day care center, church or place of worship, hospital, public park or any property used for residential purposes. This distance shall be measured by a straight line from the nearest point on the property boundary of the tract occupied by the adult business to the nearest point on the property boundary of the tract occupied by one (1) of the aforementioned uses.
2. 
No adult business shall be located or situated at less distance than one thousand (1,000) feet from another adult business. This distance shall be measured by a straight line from the nearest points on the property boundaries of the tracts occupied by the adult business.
G. 
Business Records. Owners or operators of an adult business shall maintain business records that include the names, addresses and ages of all employees for a period of two (2) years. Said list or lists shall be made available to the City Police Department upon request at any time.
1. 
Manager license.
a. 
An application for an adult business manager at an adult business in the City shall be obtained from the City Clerk.
b. 
Each such application shall be submitted in the name of the person proposing to be an adult business manager and shall be notarized. All applications shall contain the following information:
(1) 
The name, residence address, home telephone number, occupation, date and place of birth and Social Security number of the appellant.
(2) 
The business name, address and telephone number of the business where the applicant intends to work.
(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 five (5) years immediately preceding the application, where such 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 the Criminal Code of the jurisdiction in which the offense was charged or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.
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 the sale of controlled substances or illegal drugs or narcotics.
(4) 
Documentation that the applicant has attained the age of twenty-one (21) years at the time the application is submitted.
(5) 
A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Section.
c. 
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Clerk shall then issue the license for the adult business manager. Such license shall be issued until June thirtieth (30th) of the year in which such license is issued or June thirtieth (30th) of the next year, if the license is issued after July first (1st) but prior to January first (1st).
d. 
Such license shall not be issued if the applicant has been convicted of, released from confinement for conviction of or diverted from prosecution on any of the crimes as set forth in Subsection (D)(2)(g).
H. 
Manager Responsibility. A licensed adult business manager shall be on duty at any adult business at all times during which the premises is open for business. The name and license number of the manager on duty shall be prominently posted during business hours.
I. 
Operational Criteria.
1. 
No adult business may be open or in use between the hours of 10:00 P.M. and 10:00 A.M. the next day.
2. 
Only persons twenty-one (21) years of age or older shall be permitted on the premises of any adult business.
3. 
The premises of all adult businesses shall be physically arranged in such a manner that the manager has a specific office area and that an unobstructed view of the entire premises including the entire interior portions of any booths, cubicles, rooms or stalls is maintained from the manager's office area. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever. Occupancy of all booths, cubicles, rooms or stalls shall be limited to not more than one (1) person.
J. 
Compliance With Code Requirements. Any adult business licensed under this Chapter shall comply with all other requirements of the Code of the City as now or in the future may be adopted.
K. 
Severability. If any Section, Subsection or clause of this Section shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining Sections, Subsections and clauses shall not be affected thereby.
L. 
Penalties. Any violation of any part of this Chapter shall be deemed an ordinance violation and shall be subject to punishment as prescribed in Section 100.340 and every day such violation shall continue shall be considered a separate offense.