[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.
ADULT BUSINESS
1.
2.
a.
b.
CUSTOMER
EMPLOYEE
MANAGER
OPERATOR
PRIMARY BUSINESS PURPOSE
PUBLIC PLACE
SPECIFIED ANATOMICAL AREAS
Definitions. The following definitions shall apply to this
Section; the terms set out are further defined below:
Any business enterprise:
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
That has one (1) of the following as a primary business purpose:
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
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.
| ||
Any person who:
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.
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.
Any person owning, operating, conducting or maintaining an
adult business.
Mean any area generally visible to public view including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots and automobiles whether moving or not.
Less than 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).
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.
