[R.O. 2009 §3.5-7; Ord. No. 3270 §1, 5-14-2003]
A.
Application
for a license under this Article may be made by submitting to the
Director a completed application in such form as may be prescribed
by the Director to ensure compliance with this Chapter, along with
a check or money order in the amount of one hundred dollars ($100.00)
for an initial license and one hundred dollars ($100.00) for a renewal
license. Application forms may be obtained from the City Clerk. The
Director is authorized to utilize the Festus Police Department, the
Department of Planning and Public Works or any department or division
of the City which in the opinion of the Director may provide information
pertinent to the sufficiency of the application for license.
B.
The Director
shall notify any applicant for a license within thirty (30) days of
receiving the completed application whether the license shall be issued
or denied.
C.
No license
shall issue for any adult oriented business if:
1.
The
proposed location of said business is within eight hundred (800) linear
feet from any of the following pre-existing land uses, which have
been determined by the City Council to be inconsistent with the operation
of an adult oriented business, measured in a straight line from the
nearest property line:
D.
An adult
oriented business in operation at the time this Chapter is enacted
that has submitted to the Director a properly completed application
for a license and licensing fee may continue to operate until such
time the applicant is notified of the denial or revocation of any
license issued or to be issued pursuant to this Article. Applications
shall be made within twenty-one (21) days of May 14, 2003 and failure
so to apply shall be construed as a voluntary relinquishment of any
right to operate such adult oriented business.
E.
The Director
shall issue a license if the information on the application, along
with any other pertinent information available to the Director, demonstrates
that the business to be licensed complies with the provisions of this
Chapter and all of the zoning and other licensing ordinances of the
City.
[R.O. 2009 §3.5-6; Ord. No. 3270 §1, 5-14-2003]
A.
Each
application for a license shall contain a diagram of the premises
showing the location of all of the manager's stations, viewing rooms,
lighting fixtures, video cameras and monitors installed for monitoring
purposes and restrooms and shall designate all portions of the premises
in which customers will not be permitted. Restrooms shall not contain
video reproduction equipment. The diagram shall also designate the
place at which the permit will be conspicuously displayed, if granted.
A professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required; however, each diagram
shall be oriented to the north or to some designated roadway or object
and shall 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 Director may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it was prepared. The application shall be certified to be true
and correct by the applicant and no alteration in the configuration
or location of a manager's station or viewing room may be made without
prior approval of the Director.
B.
It shall
be the duty of the licensee and of any employees of the licensee at
the premises to ensure that each viewing room is visible from continuous
main aisle and remains unobstructed by any doors, curtains, walls,
merchandise, display racks or other materials or enclosures at all
times that any customer is present on the premises and to ensure that
no customer is permitted access to any area of the premises which
has been designated in the application as an area in which customers
will not be permitted.
C.
The interior
premises, with the exception of any viewing rooms and the aisles contiguous
to each viewing room, shall be equipped with overhead lighting fixtures
of sufficient intensity to illuminate every place to which customers
are permitted access at an illumination of not less than one (1) foot-candle
as measured at floor level. Each viewing room and aisles contiguous
to such viewing room shall be illuminated with lighting fixtures of
sufficient intensity to provide an illumination of not less than three-fourths
(¾) foot-candle as measured at three (3) feet above floor level.
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that the premises are open
for business.
D.
It shall
be the duty of the licensee and of any employees of the licensee at
the premises to ensure that no act of sexual intercourse, oral sexual
contact or sexual contact, including masturbation, occurs in or on
the licensed premises.
E.
It shall
be the duty of the licensee and of any employees of the licensee at
the premises to ensure that not more than one (1) person is present
in a viewing room at any time.
F.
It shall
be the duty of the licensee and any employees of the licensee at the
premises to ensure that no openings of any kind exist between viewing
rooms and to make regular inspections for the purpose of so ensuring.
G.
The licensee
shall post conspicuous signs or notices advising customers that no
act of sexual intercourse, oral sexual contact or sexual contact,
including masturbation, is permitted on the premises and that not
more than one (1) person is permitted in viewing room at any time
and that no openings of any kind are permitted to exist or to be made
between viewing rooms.
H.
It shall
be the duty of the licensee and of any employees of the licensee at
the premises to ensure that all wall surfaces, seating surfaces and
floor coverings in viewing rooms or any room or area providing patron
privacy are constructed of, or permanently covered by, non-porous,
easily cleanable materials, with no rugs or carpeting.
I.
It shall
be the duty of the licensee and of any employees of the licensee at
the premises to ensure that the premises are clean and sanitary at
all times. Cleaning procedures shall include all of the following:
1.
The
licensee shall maintain a regular cleaning schedule, documented by
appropriate logs and shall employ sufficient personnel to assure the
establishment is clean.
2.
The
licensee shall provide an employee to check all areas for garbage,
trash, bodily fluids and excrement and to remove and clean all areas
with a disinfectant. All solid waste generated by the business shall
be collected from the premises for lawful disposal at least twice
weekly. Prior to collection solid waste shall be stored in a manner
that prevents access by animals or members of the public and will
not facilitate the creation of a health nuisance.
3.
Thorough
cleaning of the entire interior of any room providing customer privacy
shall be done using a disinfectant. Cleaning shall include floors,
walls, doors, seating, monitors, video cameras, windows and other
surfaces.
J.
It shall
be the duty of the licensee to ensure that any seating within a viewing
room is designed to accommodate one (1) person only.
K.
It shall
be the duty of the licensee to provide in a conspicuous place on the
premises free information to the prevention of a sexually transmitted
diseases, including AIDS.
L.
It shall
be the duty of the licensee and any employee of the licensee at the
premises to monitor the number of occupants in a viewing room.
[R.O. 2009 §3.5-8; Ord. No. 3270 §1, 5-14-2003]
Licensees desiring to renew current licenses shall, not less
than ten (10) days prior to the expiration of the license, file with
the Director an application for renewal. Upon payment of the license
fee as provided for herein, the Director shall renew the license for
an additional license year if the conditions under which the original
license was issued have not changed.
[R.O. 2009 §3.5-9; Ord. No. 3270 §1, 5-14-2003]
The Director, after public hearing, may suspend or revoke any
license issued under this Code for violations of this Code.
[R.O. 2009 §3.5-10; Ord. No. 3270 §1, 5-14-2003]
An applicant who has been denied either an initial license or
whose license has been suspended or revoked may appeal the Director's
decision by filing a written notice of appeal within ten (10) days
of the denial, the Director shall hold a public hearing of the appeal
within ten (10) days of receipt of such notice of appeal and shall
issue a decision thereon within five (5) working days of receipt of
the transcript from the public hearing. The decision shall be served
by certified mail return receipt on the applicant. An applicant aggrieved
by the Director's decision may file a written notice of appeal to
the City Council within ten (10) days of the receipt of the final
decision of the Director. The City Council shall schedule a public
hearing of such appeal within two (2) weeks of filing of the written
notice of appeal or as soon thereafter as possible if the City Council
is not in session when the notice of appeal is filed. The City Council
shall affirm the decision of the Director if it finds by clear and
convincing evidence that the conditions pertinent to issuance of a
license have not been met. An applicant aggrieved by any decision
shall have the right to seek judicial review at any time during the
process as is permitted by State law.
[R.O. 2009 §3.5-11; Ord. No. 3270 §1, 5-14-2003]
The Director shall quarterly inspect any adult oriented business
within the City's authority to determine compliance with any of the
provisions of this Chapter. The fee for such inspections shall be
twenty-five dollars ($25.00) per inspection payable in advance in
a single payment of one hundred dollars ($100.00) when the fee for
license application or renewal is paid. The Director may request the
assistance of the Festus Police Department, the Department of Health,
the Department of Planning and Public Works or any department or division
of the City which the Director deems useful in making such inspections
as the Director deems necessary.
[R.O. 2009 §3.5-12; Ord. No. 3270 §1, 5-14-2003]
A.
It shall
be unlawful for the owner or operator of an adult oriented business
to erect, construct or maintain any sign for the adult oriented business
except for one (1) primary and one (1) secondary sign as provided
herein.
B.
Primary
signs shall have no more than two (2) display surfaces which shall:
1.
Not
contain any flashing lights;
2.
Be a
flat plane, rectangular in shape;
3.
Not
exceed seventy-five (75) square feet in area;
4.
Not
exceed ten (10) feet in height or ten (10) feet in length; and
5.
Not
contain a photograph, silhouette, drawing or pictorial representation
of any kind and may display only the name of the adult oriented business
and one (1) or more of the following: "adult bookstore", "adult movie
(or video) theatre", "adult novelties" or "adult entertainment".
C.
D.
Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises or that contains any of the terms set forth in Subsection (C) of this Section or any other terminology that is commonly used to identify or is associated with the presence of an adult oriented business shall comply with the restrictions of this Section. The intent of this Subsection is to prevent the use of the signage identifying the commercial multi-use center itself as a subterfuge to evade the restrictions an adult oriented business sign sets forth in this Section.
[R.O. 2009 §3.5-13; Ord. No. 3270 §1, 5-14-2003]
