Editor's Note: Former Ch. 650, Adult Business, as adopted
and amended by Ord. No. 1447 §1(650.005—650.110), 8-2-1994;
Ord. No. 1464 §§1—8, 10-4-1994, was repealed by Ord.
No. 2655 §§1—17, adopted 11-6-2012.
[Ord. No. 2655 §1, 11-6-2012]
A.
ADULT BUSINESS
1.
a.
b.
(1)
(2)
2.
a.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
(3)
(4)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(b)
(c)
(d)
(e)
(f)
(g)
(5)
b.
(1)
(a)
(b)
(i)
(ii)
(iii)
i)
ii)
(iv)
c.
(1)
(2)
(3)
3.
4.
ADULT ENTERTAINMENT
ADULT MEDIA
ADULT MEDIA VIEWING BOOTH
CONTAGIOUS AND COMMUNICABLE DISEASES
EMPLOYEE
ENTERTAINER
HEALTH INSPECTOR
MANAGER
MINOR
NUDE or NUDITY
OPERATE
OPERATOR
PATRON
PERSON
SERVER
SEXUALLY ORIENTED TOYS OR NOVELTIES
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
2.
SPECIFIED ANATOMICAL AREAS
1.
2.
SPECIFIED CRIMINAL ACT
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
SPECIFIED SEXUAL ACTIVITIES
1.
2.
3.
4.
5.
For the
purposes of this Chapter and unless the context plainly requires otherwise,
the following definitions are adopted:
Any business:
That has as a substantial or significant purpose the sale or
rental of merchandise that is intended for use in connection with
specified sexual activities, or that emphasizes matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas; or
That has as one of its regular and substantial business purposes:
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 services that are intended to cause or facilitate
sexual arousal or excitement or that allow observation of specified
sexual activities or specified anatomical areas ancillary to other
pursuits, or allow participation in specified sexual activities ancillary
to other pursuits.
The definition of adult business also includes, but is not limited
to, any and all of the following specific adult businesses, as defined
herein:
The following businesses that offer merchandise for exchange,
rental or sale:
ADULT MEDIA OUTLETA business engaging in the exchange, rental or sale of adult media, if that business is not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of the retail sales business is devoted to the exchange, rental or sale of adult media. For purposes of this subsection, it shall be presumed that a substantial or significant portion of a business is devoted to the exchange, rental or sale of adult media if any one or more of the following criteria is satisfied:
Thirty-three percent (33%) or more of the exchanges, rentals
or sales, measured in dollars over any consecutive ninety-day period,
is derived from these items;
Thirty-three percent (33%) or more of the number of transactions,
measured over any consecutive ninety-day period, relate to these items;
Thirty-three percent (33%) or more of the wholesale value of
all merchandise displayed at any time is attributable to these items;
Thirty-three percent (33%) or more of the retail value (defined
as the price charged to customers) of all merchandise displayed at
any time is attributable to these items;
Thirty-three percent (33%) or more of all inventory consists
of these items at any time;
Thirty-three percent (33%) or more of the merchandise displayed
for sale at retail consists of these items at any time;
Thirty-three percent (33%) or more of the floor area of the
retail sales business (not including storerooms, stock areas, restrooms,
basements or any portion of the business not open to the public) is
devoted to these items at any time;
Five hundred (500) square feet or more of the floor area of
the business for display, sale, and/or rental is devoted to these
items at any time;
Two thousand (2,000) or more of these items are regularly offered
for sale or rental.
This presumption shall be rebuttable.
ADULT NEWSRACKAny coin- or card-operated device that offers for sale by dispensing printed material that is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT RETAIL ESTABLISHMENTA business that displays or offers goods for sale, rental or exchange that meets any of the following tests:
Displays or offers for sale, rental or exchange items from any
two (2) of the following categories: sexually oriented toys or novelties;
clothing that graphically depicts any specified anatomical area; or
leather or other goods designed or marketed for use for sexual bondage
or sadomasochistic practices; and the combination of these items constitutes:
Ten percent (10%) or more of the sales, rentals or exchanges
of merchandise, measured in dollars over any consecutive ninety-day
period; or
Ten percent (10%) or more of the number of sale, rental or exchange
transactions of merchandise, measured over any consecutive ninety-day
period; or
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time; or
Ten percent (10%) or more of all merchandise inventory at any
time, measured by the number of items; or
Ten percent (10%) or more of the merchandise displayed at any
time, measured by the number of items; or
Ten percent (10%) or more of the sales floor area of the business
(not including storerooms, stock areas, restrooms, or any portion
of the business not open to the public) at any time;
Five percent (5%) or more of the sales, rentals or exchanges
of merchandise, measured in dollars over any consecutive ninety-day
period, is derived from sexually oriented toys or novelties; or
Five percent (5%) or more of the number of sale, rental or exchange
transactions of merchandise, measured over any consecutive ninety-day
period, involve sexually oriented toys or novelties; or
Five percent (5%) or more of the dollar value of all merchandise
displayed at any time is attributable to sexually oriented toys or
novelties; or
Five percent (5%) or more of all merchandise inventory, measured
by the number of items, consists of sexually oriented toys or novelties
at any time; or
Five percent (5%) or more of all merchandise displayed, measured
by the number of items, consists of sexually oriented toys or novelties
at any time; or
Five percent (5%) or more of the sales floor area of the business
(not including storerooms, stock areas, restrooms, or any portion
of the business not open to the public) is devoted to sexually oriented
toys or novelties at any time.
SEXUAL DEVICE SHOPA commercial establishment that regularly features or provides sexual devices for their use on or off the premises. This definition shall not be construed to include any pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or healthcare products or services, or any establishment that does not regularly advertise itself or hold itself out, by using "adult," "adults-only," "XXX," "sex," "erotic," "novelties," or substantially similar language, as an establishment that primarily caters to adult sexual interests.
The following businesses that provide entertainment:
Any business to which the public, patrons or members are invited
or admitted, and where providing adult entertainment is a regular
and substantial portion of its business.
The definition of "adult entertainment business" also includes,
but is not limited to, any and all of the following specific adult
entertainment businesses, as defined herein:
ADULT MOTION PICTURE THEATERAn establishment with a screen or projection area, where a regular and substantial portion of its business is the exhibition to patrons of films, videocassettes, slides, or similar photographic reproductions, videotapes or motion pictures that are intended to provide sexual stimulation or sexual gratification to the patrons or that are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT THEATERAn establishment where a regular and substantial portion of its business is providing live performances that are distinguished by or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
An establishment where a regular and substantial portion of
its business is providing live entertainment that:
[i]
|
Is intended to provide sexual stimulation or sexual gratification
to the entertainer or the patrons; and
| |
[ii]
|
Is distinguished by or characterized by an emphasis on matter
depicting, simulating, describing or relating to specified anatomical
areas or the conduct or simulation of specified sexual activities;
or
|
An establishment which regularly features entertainment of an
erotic nature, including exotic dancers, strippers, moving or still
photography of erotic dancers, strippers or similar entertainers.
ADULT ENTERTAINMENT STUDIO (includes the terms "rap studio," "exotic dance studio," "sensitivity studio," "body painting studio," or "encounter studio")An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment that features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
The following businesses that provide services:
BATH HOUSEAn enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, videocassettes, videotapes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and that rents room accommodations for less than six hours at a time.
SEXUAL ENCOUNTER ESTABLISHMENTA business or commercial establishment that, as a substantial or significant business purpose, offers, for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or offers for exchange, rental, sale or otherwise provides or facilitates the use of sexually oriented toys or novelties on the premises. For purposes of determining whether a business or commercial establishment is a sexual encounter establishment, the fact that the business advertises or permits others to portray the establishment in advertising or other materials about the business as an establishment that affords opportunities for two or more persons to engage in specified sexual activities and/or makes available for use sexually oriented toys or novelties in the establishment may be considered. The mere fact that an establishment provides overnight accommodations will not cause it to be classified as a sexual encounter establishment; provided, however, that offering overnight accommodations in conjunction with making available, providing, offering, or facilitating the use of sexually oriented toys or novelties may be a critical factor in determining that the establishment is a sexual encounter establishment.
The definition of adult business does not include, and this
Chapter shall not apply to, a theater, concert hall, art center, museum,
or similar establishment that is primarily devoted to art exhibits
or theatrical performances and in which any of the circumstances covered
by the definition of adult business were permitted or allowed as part
of art exhibits or performances.
For purposes of determining whether a business is an adult business,
the fact that the business advertises or permits others to portray
the establishment in advertising or other materials about the business
as such may be considered.
Any 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 on a premises where that exhibition, performance,
display or dance is intended to arouse or excite the sexual desires
of the entertainer, other entertainers or patrons, or if the entertainment
is characterized by an emphasis on the exposure, depiction or description
of specified anatomical areas or the conduct or simulation of specified
sexual activities.
Books, magazines, periodicals, other printed matter, pictures,
slides, records, audiotapes, videotapes, compact discs, DVDs, motion
pictures, photographs, films, videocassettes, slides, CD-ROMs or other
devices used to record computer images, or other similar media that
are distinguished or characterized by an emphasis on matters depicting,
describing or relating to specified anatomical areas or specified
sexual activities.
Any booth, cubicle, stall or compartment that is designed,
constructed or used to hold or seat a patron or patrons and is used
for viewing or reading adult media. Adult media viewing booths are
sometimes also known as adult video viewing booths, peep shows, adult
video arcades, panoramas and adult mini-motion picture theaters. For
purposes of this definition, an adult media viewing booth shall refer
to all these booths, cubicles, stalls or compartments containing less
than one hundred fifty (150) square feet of gross floor area.
Those diseases that are set out in the Code of State Regulations
established by the State of Missouri.
Any and all persons, including managers, entertainers and
independent contractors, who perform any service on the premises of
an adult business, on a full-time, part-time, or contract basis, whether
or not the person is denominated an employee, independent contractor,
agent, or otherwise. Employee does not include a person exclusively
on the premises for repair or maintenance of the premises or for the
delivery of goods to the premises.
Any person who provides adult entertainment within an adult
entertainment business, whether or not a fee is charged or accepted
for entertainment.
An authorized representative of the Platte County Health
Department, the City's Code Enforcement Officer, or the Chief
of Police or their respective designee.
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
Any person less than eighteen (18) years of age.
The appearance of a human bare buttock, anus, genitals, or
female breast, or a state of dress that fails to completely and opaquely
cover a human buttock, anus, genitals, or any part of the female breast
or breasts that is situated below a point immediately above the top
of the areola, but not including any portion of the cleavage of the
female breast exhibited by a dress, blouse, shirt, leotard, bathing
suit, or other wearing apparel, provided the areola is not exposed.
To own, conduct or maintain the affairs of an adult business.
Any person on the premises of an adult business who causes
the business to function or who puts or keeps in operation the business
or who is authorized to manage the business or exercise overall operational
control of the business premises. A person may be found to be operating
or causing to be operated a sexually oriented business whether or
not such person is an owner, part owner, or licensee of the business.
Any person who enters an adult business without regard to
whether a purchase is made from the adult business or compensation
is paid to the adult business or any employee of the adult business
for merchandise, entertainment or service; provided that the term
"patron" shall not include persons who enter an adult business for
the sole purpose of providing service or merchandise to the adult
business and who do not remain in the adult business after the purpose
has been accomplished, including, but not limited to, persons performing
construction, repair or maintenance on the premises or delivering
goods or merchandise to the adult business and any similar activity.
Any individual, partnership, corporation, limited liability
company, trust, unincorporated association, joint venture, governmental
entity, or other entity or group of persons, however organized.
Any person who serves food or drink at an adult business.
Instruments, devices or paraphernalia that either depict representations
of specified anatomical areas or are designed or marketed for use
in connection with specified sexual activities. In determining whether
an item is designed or marketed for use in connection with specified
sexual activities, the following guidelines may be considered:
Expert testimony as to the principle use of the item;
Evidence concerning the total business of a person or business
establishment and the type of merchandise involved in the business;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment or design or use of an item;
Instructions, graphics or other material contained on the item
itself, on the packaging materials for the item, or in the manufacturer's,
distributor's or retailer's instructions, graphics, publications
or description of the item;
The physical or structural characteristics of the item;
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area;
Evidence from an Internet search of the item concerning the
use of the item;
The fact that filtering software prohibits or blocks the viewing
of the item as sexual in nature upon an Internet search of the item.
Any person may request an interpretive ruling from the Chief
of Police, or his or her designee, as to whether a particular item
is considered by the City to be designed or marketed for use in connection
with specified sexual activities. An application for an interpretive
ruling shall be made in writing on a form provided by the Chief of
Police, and shall be accompanied by other information as may reasonably
be requested under the circumstances pertaining to the specific item
about which a ruling is requested. The Chief of Police shall issue
a written interpretive ruling within ten (10) business days following
submission of a completed application. The decision of the Chief of
Police may be appealed to the Governing Body within fifteen (15) days
following the interpretive ruling by submitting a written notice of
appeal to the City Clerk.
Any of the following, or any combination of the following, when
less than completely and opaquely covered: any human genitals, pubic
region, any buttock, or any portion of the female breast or breasts
that is situated below a point immediately above the top of the areola,
but not including any portion of the cleavage of the female breast
exhibited by a dress, blouse, shirt, leotard, bathing suit, or other
wearing apparel, provided the areola is not exposed; or
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
Any of the following crimes for which less than eight (8)
years has elapsed since the date of conviction or the date of release
from confinement with respect to a felony, or for which less than
two (2) years has elapsed since the date of conviction with respect
to a misdemeanor, whichever is the later date:
Sexual offenses set forth in Chapter 566 of the Revised Statutes
of Missouri, and amendments thereto;
Prostitution offenses set forth in Chapter 567 of the Revised
Statutes of Missouri, and amendments thereto;
Offenses involving a child and sex set forth in Chapter 568
of the Revised Statutes of Missouri, and amendments thereto;
Pornography and related offenses set forth in Chapter 573 of
the Revised Statutes of Missouri, and amendments thereto;
Controlled substance, illegal drug, or narcotics offenses as
set forth in the State Comprehensive Drug Control Act set forth in
Chapter 195 of the Revised Statutes of Missouri, and amendments thereto;
Offenses involving money laundering;
Offenses involving tax evasion;
Offenses similar to the foregoing offenses that are set forth
in other portions of State Statutes;
Any attempt, solicitation, or conspiracy to commit one of the
foregoing offenses; or
Any offense in another jurisdiction that, had the predicate
act(s) been committed in Missouri, would have constituted any of the
foregoing offenses. If necessary, the City Attorney shall issue an
interpretive ruling determining whether a crime from another jurisdiction
corresponds to the crimes set forth above in Subsections (A) through
(G), inclusive.
Any of the following:
Sexual conduct, including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
Fondling or other erotic touching of a person's clothed
or unclothed genitals, pubic region, buttock, anus or female breast;
Sadomasochistic acts; or
Human genitals in a state of sexual stimulation or arousal;
Excretory functions as a part of or in connection with any of
the activities described in Subsection (A) of this definition.
[Ord. No. 2655 §2, 11-6-2012]
A.
It shall be unlawful for any person to operate or maintain an adult
business in the City unless the owner, operator or lessee thereof
has obtained an adult business license from the City, or to operate
that business after that license has expired or been revoked or suspended
by the City.
B.
It is unlawful for any entertainer, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult business.
C.
The failure to post an adult business license in the manner required
herein shall be prima facie evidence that an adult business has not
obtained such a license. In addition, it shall be prima facie evidence
that any entertainer, employee, manager or owner who performs any
business, service or entertainment in an adult business in which an
adult business license is not posted in the manner required herein
had knowledge that the business is not licensed.
D.
Any business that engages in the exchange, rental, or sale of adult
media, if the business is not open to the public in general, but only
to one or more classes of the public, excluding any minor by reason
of age, or if a substantial or significant portion of the items are
distinguished or characterized by an emphasis on the depiction or
description of specified sexual activities or specified anatomical
areas shall be deemed to have consented to periodic entry into and
inspection of the business premises by appropriate City officials
and inspection by those officials of only those business records necessary
for the limited purpose of determining whether that business enterprise
is in compliance with this Chapter. This entry and inspection shall
take place during hours when the business is open to the public, unless
otherwise requested by the business, and shall not unreasonably interfere
with the conduct of the business.
[Ord. No. 2655 §3, 11-6-2012]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City, or to work as an entertainer, server or manager
at an adult business after such person's license to do so has
expired or been revoked or suspended.
[Ord. No. 2655 §4, 11-6-2012]
A.
The license year for all fees required herein shall be from each
June 1 through May 30. The application for a license shall be accompanied
by payment in full of the fee stated herein by certified or cashier's
check or money order, and no application shall be considered complete
until this fee is paid.
B.
All licenses shall be issued for a specific location and shall be
nontransferable, and license fees shall be nonrefundable.
C.
The classification of licenses and fees for each shall be as follows:
[Ord. No. 2655 §5, 11-6-2012]
All adult business licenses shall be issued only for the one
adult business use listed on the application. Any change in the type
of adult use shall invalidate the adult business license and require
the licensee to obtain a new license for the change in use. A separate
license is required for each adult use. The establishment or maintenance
of more than one adult business in the same building, structure or
portion thereof is prohibited.
[Ord. No. 2655 §6, 11-6-2012]
A.
Adult Business License.
1.
All persons desiring to secure a license to operate an adult business
as required herein shall make a verified application with the City
Clerk. All applications shall be submitted in the name of the person
who owns the adult business. The application shall be signed by the
applicant. If the applicant is a corporation, the application shall
be signed by its President. If the applicant is a partnership, the
application shall be signed by a partner. If the applicant is a limited
liability company, the application shall be signed by a member. In
all other instances where the owner is not an individual, the application
shall be signed by an authorized representative of the owner. The
City Clerk may require proof of authorization before accepting an
application. All applications shall be submitted on a form supplied
by the City Clerk and shall require all of the following information:
a.
The name, any aliases, mailing address for receipt of notices, home
telephone number, occupation, date and place of birth and social security
number of the applicant;
b.
The tax identification number and registered agent, if the owner
is required to have a tax identification number or registered agent;
c.
The name of the adult business, a description of the type of adult
business to be performed on the licensed premises, and the name of
the owner of the premises where the adult business will be located;
d.
The names, social security numbers and dates of birth of all partners,
if the applicant is a partnership or limited liability partnership;
and if the applicant is a corporation or limited liability company,
the same information for all stockholders or members who own more
than a ten-percent interest in the company;
e.
A statement from the applicant as to whether the applicant and each person required to be identified in the application, pursuant to Subsection (A)(1)(d) above, in previously operating in this or another city, county or state, has had an adult business license of any type revoked or suspended and, if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation;
f.
A statement from the applicant and each person required to be identified in the application, pursuant to Subsection (A)(1)(d) above, that each person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor or municipal ordinance violation, or released from confinement for conviction of a misdemeanor or municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where the felony, misdemeanor or municipal ordinance violation constitutes a specified criminal act;
g.
On applications requesting a license to operate a bath house, the
applicant shall provide for each employee a health certificate from
a duly licensed Kansas or Missouri physician stating that within 90
days prior thereto, the applicant and all other persons working on
the premises have been examined and found free of any contagious or
communicable diseases, which requirement shall be a continuing requirement
and for each person who is employed, the above-described health certificate
shall be submitted to the City Clerk within forty-eight (48) hours
of the time that person begins employment;
h.
If the applicant is a corporation or limited liability company, a
current certificate of registration issued by the Missouri Secretary
of State; and
i.
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 businesses.
2.
Failure to provide the information and documentation required herein
shall constitute an incomplete application, and the application shall
not be processed by the City. The City Clerk shall notify the applicant
whether or not the application is complete within five (5) working
days of the date the application is received by the City Clerk; in
the event the City Clerk has determined that the application is incomplete,
the notification to the applicant shall include a written explanation
of the reason(s) why the application is incomplete.
B.
Manager, Server Or Entertainer License.
1.
All persons desiring to secure a license to be a manager, server
or entertainer shall make a verified application with the City Clerk.
All applications shall be submitted in the name of the person proposing
to be a manager, server or entertainer. All applications shall be
submitted on a form supplied by the City Clerk and shall require all
of the following information:
a.
The applicant's name, any aliases, mailing address for receipt
of notices, home telephone number, date and place of birth, social
security number and, in the case of entertainers, any stage names
or nicknames used in entertaining;
b.
The name and address of each adult business where the applicant intends
to work as a manager, server or entertainer;
c.
A statement from the applicant that the applicant has not been convicted
of, or released from confinement for conviction of, or diverted from
prosecution on, any felony, whichever event is later, within five
(5) years immediately preceding the application, or has not been convicted
of, or diverted from prosecution on, a misdemeanor or ordinance violation,
or released from confinement for conviction of a misdemeanor or ordinance
violation, whichever event is later, within two (2) years immediately
preceding the application, where that felony, misdemeanor or ordinance
violation constitutes a specified criminal act;
d.
The applicant shall present to the City Clerk, who shall copy, documentation
that the applicant has attained the age of 18 years at the time the
application is submitted, and any of the following shall be accepted
as documentation of age:
(1)
A current motor vehicle operator's license issued by any
state, bearing the applicant's photograph and date of birth;
(2)
A current State-issued identification card bearing the applicant's
photograph and date of birth;
(3)
An official and valid passport issued by the United States of
America;
(4)
An immigration card issued by the United States of America;
(5)
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk; or
(6)
Any other form of identification deemed reliable by the City
Clerk.
2.
Failure to provide the information required herein shall constitute
an incomplete application, and the application shall not be processed
by the City. The City Clerk shall notify the applicant whether or
not the application is complete within five (5) working days of the
date the application was received by the City Clerk; in the event
the City Clerk has determined that the application is incomplete,
the notification to the applicant shall include a written explanation
of the reason(s) why the application is incomplete.
C.
Facilities Necessary.
1.
No adult business license to conduct a bath house or body painting
studio shall be issued unless an inspection by the Health Inspector
reveals that the premises from which the applicant intends to conduct
business comply with each of the following minimum requirements:
a.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given or showers
taken. Floors shall be free from any accumulation of dust, dirt, or
refuse. All equipment used in the operation of the business shall
be maintained in a clean and sanitary condition. Towels, linen and
items for personal use of operators and patrons shall be clean and
freshly laundered. Towels, cloths, and sheets shall not be used for
more than one (1) patron. Heavy white paper may be substituted for
sheets; provided that the paper is changed for every patron. No activity
related to an adult business shall be carried on within any cubicle,
room, booth, or any area within any permitted establishment that is
fitted with a door capable of being locked.
b.
Toilet facilities shall be provided in convenient locations. When
five (5) or more employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided:
A single water closet per sex shall be provided for each twenty (20)
employees or patrons of that sex on the premises at any one time.
Urinals may be substituted for water closets for male employees and
patrons, after one (1) water closet has been provided. Toilets shall
be designated as to the sex accommodated therein.
c.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
2.
The Health Inspector shall certify that the proposed business establishment
complies with all the requirements of this Section and shall give
or send that certification to the City Clerk; provided, however, that
nothing contained herein shall be construed to eliminate other requirements
of statute or ordinance concerning the maintenance of premises, nor
to preclude authorized inspection thereof. The appropriate City Official
may recommend the issuance of a license contingent upon the compliance
with any requirements in this Section.
D.
Application Processing.
1.
Upon receipt of a completed application for an adult business, manager,
server or entertainer license, the City Clerk shall immediately transmit
one (1) copy of the application to the Chief of Police and one (1)
to the Building Inspector.
2.
The City Clerk shall notify the applicant for an adult business license
of his or her obligation to obtain necessary permits from the South
Platte Fire Protection District and, if applicable, from the Platte
County Health Department or Health Inspector.
3.
The City Clerk shall notify the applicant for manager, server or
entertainer in a bath house or body painting studio of his or her
obligation to obtain a certificate of health.
4.
It shall be the duty of the Chief of Police or his or her designee
to investigate the application to determine whether the information
contained in the application is accurate and whether the applicant
is qualified for the license for which he/she has applied. The Chief
of Police shall report the results of the investigation to the City
Clerk not later than ten (10) working days from the date the application
is received by the City Clerk.
5.
It shall be the duty of the Building Inspector to determine whether
the structure where the adult business will be conducted complies
with the requirements and meets the standards of the Building and
Property Conservation Codes, and to verify that the applicant has
received a permit from the South Platte Fire Protection District.
The Building Inspector shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk.
6.
Upon receipt of the reports from the Chief of Police and the Building
Inspector, the City Clerk shall submit the application, with accompanying
documentation and signatures, to the City Administrator or the City
Administrator's designee. The City Administrator shall approve
or disapprove the application within forty-five (45) days from the
date of its filing with the City Clerk.
[Ord. No. 2655 §7, 11-6-2012]
A.
If the application for an adult business, manager, server or entertainer license is in proper form and accompanied by the appropriate license fee, the City Administrator shall examine the application, and, after the examination the City Administrator may, if the applicant is qualified, approve a license as provided for by law; provided that a license shall not be approved for any person ineligible pursuant to Section 650.020.
B.
The record of the City Administrator shall show the action taken
on the application, and, if the license is granted, the City Administrator
shall direct the City Clerk to issue the proper license. The license
shall state that it is not transferable to other persons or entities
and the calendar year for which it is issued. The license shall be
posted in a conspicuous place in the business that is licensed or
where the licensee is working.
C.
If an application for a license is disapproved, the applicant shall
be notified immediately by registered or certified mail to the address
given by the applicant on the application, and the notification shall
state the basis for that disapproval. Any applicant aggrieved by the
disapproval of a license application may seek judicial review in a
manner provided by law.
[Ord. No. 2655 §8, 11-6-2012]
No person is eligible nor shall a license be issued to:
A.
An applicant for an adult business license if one or more of the
following conditions exist:
1.
The premises for which an application for an adult business has been
made is located within one thousand (1,000) feet of any primary or
secondary school, house of worship, public library, licensed child-care
center, public park, or property zoned or used for residential purposes.
Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the nearest point of the premises from
which the adult business would be operated to the nearest point on
the property line of any primary or secondary school, house of worship,
public library, licensed child-care center, public park, or property
zoned or used for residential purposes;
[Ord. No. 2658 §1, 11-20-2012]
a.
Provided, the phrase "property zoned or used for residential purposes"
shall not include any property zoned for residential use for which
a special use permit has been granted for an indefinite period of
time which permit allows a non-residential use;
b.
Provided, further, the list of uses set forth above shall exclude
streets, alleys and highway rights-of-way.
2.
The premises for which an application for an adult business has been
made is located within one thousand (1,000) feet of any other business
located within or without the City meeting the definition of "adult
business," as set forth in this Chapter, regardless of whether the
other business has applied for or received a license to operate an
adult business at that location. Measurements shall be made in a straight
line, without regard to intervening structures or objects from the
closest property line of the premises from which the proposed adult
business would be operated to the nearest point on the property line
of the other business meeting the definition of "adult business,"
as set forth in this Chapter.
3.
The applicant knowingly failed to supply all of the information requested
on the application.
4.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application.
5.
The applicant's proposed business premises does not comply with
or meet the requirements of the applicable health, zoning and building
code and fire and property maintenance ordinances of the City; provided
that, upon a showing that the premises meets these requirements and
that the applicant is otherwise qualified, the application shall be
eligible for reconsideration by the Governing Body.
6.
The applicant has been convicted, released from incarceration for
conviction or diverted on any specified criminal act during the time
period set forth herein.
7.
The applicant has had an adult business license or comparable license
revoked or suspended in this or any other city during the past five
(5) years.
8.
If the applicant is applying for a license to operate a bath house
or body painting studio and the applicant has not produced a health
certificate as required herein for all persons working on the premises.
B.
An applicant for a manager, server or entertainer license if one
or more of the following conditions exist:
1.
The applicant has been convicted, released from incarceration for
conviction or diverted on any specified criminal act during the time
period set forth herein;
2.
The applicant knowingly failed to provide all of the information
required on the application;
3.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
4.
The applicant has had a manager, server or entertainer license revoked
or suspended in this or any other city during the past five (5) years;
or
5.
The applicant is applying for a license for a manager, server or
entertainer in a bath house and has not produced a health certificate
as required herein.
[Ord. No. 2655 §9, 11-6-2012]
It shall be unlawful for any adult business, or any manager,
server, entertainer or employee thereof, or any patron of an adult
business, while on or about the premises of the business, to knowingly
fail to adhere to the following standards of conduct, as applicable:
A.
Identification Cards. Any manager, server or entertainer
issued a license under this Chapter shall, at all times when working
in an adult business, have in their possession a valid identification
card issued by the City, bearing the permit number, the employee's
physical description and a photograph of that employee. These identification
cards shall be laminated to prevent alteration.
B.
Age Restriction. No person shall knowingly allow
a person under the age of eighteen (18) years on the premises of an
adult business.
C.
Exterior Observation. The premises of all adult
businesses will be so constructed as to ensure that the interior of
the premises is not observable from the exterior of the building.
In addition, all windows shall 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.
D.
Exterior Display. No adult 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.
E.
Nudity Prohibited. No manager, employee, server,
entertainer or patron in an adult business other than a licensed bath
house shall be nude. This provision shall not apply to businesses
that provide overnight accommodations, unless the business which provides
overnight accommodations is a sexual encounter establishment under
this Chapter.
F.
Sale Or Consumption Of Alcohol Prohibited. No person
shall knowingly or intentionally sell, use, or consume alcoholic beverages
on the premises of an adult business.
G.
Specified Criminal Acts And Dpecified Sexual Activities Prohibited. No manager, employee, server, entertainer or patron of an adult
business shall engage in any specified criminal act or any specified
sexual activity on the premises of the business.
H.
Certain Other Acts Prohibited.
1.
No manager, employee, server, entertainer or patron shall wear or
use any device or covering exposed to view which simulates any specified
anatomical area or use artificial devices or inanimate objects to
simulate or depict any specified sexual activity while on the premises
of an adult business.
2.
All dancing or other live adult entertainment on the licensed premises
shall only occur upon a stage at least eighteen (18) inches above
the immediate floor level and removed at least six (6) feet from the
nearest patron. The six-foot boundary from the outer edge of the stage
shall be painted or otherwise clearly indicated on the floor so that
patrons will not cross the six-foot boundary. The absence of this
demarcation will create a presumption that there have been violations
of these standards of conduct during performances in unmarked areas.
No manager in charge of the adult business at the time shall knowingly
permit any patron to have any physical contact with an entertainer
or to cross the six-foot boundary while the entertainer is engaged
in a performance of adult entertainment. No patron shall intentionally
have any physical contact with an entertainer or cross the six-foot
boundary while the entertainer is engaged in a performance of adult
entertainment. No entertainer shall engage in any performance of adult
entertainment, except upon the stage.
3.
The display of adult media within or visible from the same area where
the dancing or live adult entertainment occurs is prohibited.
4.
No employee, server or entertainer of an adult business, while on
the premises of the 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 or entertainer, whether that specified
anatomical area is clothed, unclothed, covered or exposed. No patron
while on the premises of an adult business shall knowingly touch,
fondle or caress any specified anatomical area of an employee, server
or entertainer employed by the adult business, whether that specified
anatomical area is clothed, unclothed, covered or exposed.
5.
No entertainer shall solicit, demand or receive any payment or gratuity
from any patron for any act prohibited herein and while on the premises
of an adult business, and no entertainer shall receive any payment
or gratuity from any patron for any entertainment except as follows:
a.
While that entertainer is on the stage a patron may place a payment
or gratuity into a container provided by the adult business for the
receipt of gratuities to be located outside the six-foot boundary
surrounding the stage; or
b.
While that entertainer is not on the stage, but while on the premises
of an adult business and is clothed so as to not expose to view any
specified anatomical area, a patron may place a payment or gratuity
into the entertainer's hand.
6.
No owner, operator or manager of an adult business shall knowingly:
a.
Permit alcoholic liquor or cereal malt beverages to be brought, sold
or consumed upon the premises;
b.
Allow or permit any employee of the business or any patron to engage
in any specified criminal act or any specified sexual activity on
the premises;
c.
Allow or permit any minor to be in or upon the premises of an adult
business;
d.
Allow or permit a violation of this Chapter or any other City ordinance
provision or State law to occur on the premises.
I.
Signs Required. All adult entertainment businesses
that provide live entertainment shall conspicuously display, 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 read as
follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED
AND LICENSED BY THE CITY OF PARKVILLE
| |||
ENTERTAINERS ARE:
| |||
♦
|
Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the pubic region, buttocks,
genitals or female breast of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the pubic region, buttocks, genitals or female breast
of said entertainer.
| ||
♦
|
Not permitted to be nude.
| ||
♦
|
Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
| ||
While the entertainer is on the stage, by placing a payment
or gratuity into a container located outside a six-foot boundary surrounding
the stage; or
| |||
While the entertainer is not on the stage, by placing a payment
or gratuity into the entertainer's hand.
| |||
CUSTOMERS ARE:
| |||
♦
|
Not permitted to be upon the stage at any time or to be within
the six-foot marked boundary surrounding the stage while entertainers
are performing.
| ||
♦
|
Not permitted to touch, caress or fondle the pubic region, genitals,
buttocks or female breast of any employee, server or entertainer or
engage in solicitation for prostitution.
|
J.
Lighting Required. The premises of all adult businesses
shall be equipped with overhead lighting in every place to which customers
are permitted access, at an illumination of not less than one footcandle,
as measured at the floor level, and the illumination must be maintained
at all times that any customer or patron is present in or on the premises.
K.
Closed Booths Or Rooms Prohibited. An adult business,
which exhibits on the premises, through any mechanical or electronic
image-producing device, a film, videocassette, digital video disc,
or other video reproduction, characterized by an emphasis on the display
of specified sexual activities or specified anatomical areas shall
comply with the following requirements:
1.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from an operator's station
of every area of the premises, including the interior of each viewing
room but excluding restrooms, to which any patron is permitted access
for any purpose;
2.
An operator's station shall not exceed thirty-two (32) square
feet of floor area;
3.
If the premises has two or more operator's stations designated,
the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the operator's stations;
4.
The view required under this subsection shall be by direct line of
sight from the operator's station;
5.
It is the duty of the operator to ensure that at least one employee
is on duty and situated in an operator's station at all times
that any patron is on the portion of the premises monitored by such
operator station; and
6.
It shall be the duty of the operator and of any employees present
on the premises to ensure that the view area specified in this subsection
remains unobstructed by any doors, curtains, walls, merchandise, display
racks, or other materials or enclosures at all times that any patron
is present on the premises.
L.
Ventilation And Sanitation Requirements. The premises
of all adult businesses shall be kept in a sanitary condition. Except
as otherwise provided herein, separate dressing rooms and restrooms
for men and women shall at all times be maintained and kept in a sanitary
condition.
M.
Hours Of Operation. No operator shall allow or permit
an adult business to be or remain open between the hours of 12:00
Midnight and 6:00 A.M. on any day other than a Sunday. No adult business
may be open between the hours of 12:00 Midnight and 12:00 Noon on
a Sunday. This provision shall not apply to businesses that provide
overnight accommodations unless that business is a sexual encounter
establishment under this Chapter.
[Ord. No. 2655 §10, 11-6-2012]
A.
Every person licensed as an adult business shall post the license
in a conspicuous place and manner on the adult business premises.
B.
Every person holding a server, manager or entertainer license shall
post his or her license in his or her work area on the adult business
premises so it shall be readily available for inspection by City authorities
responsible for enforcement of this Chapter.
[Ord. No. 2655 §11, 11-6-2012]
A.
A manager shall be on duty at all adult businesses at all times the
premises are 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 entertainer or server's
license and that those licenses are prominently posted. It shall also
be the responsibility of the manager to ensure that minors do not
enter upon the premises of an adult business.
[Ord. No. 2655 §12, 11-6-2012]
All adult businesses and any business with respect to which
there is a reasonable basis to believe is operating as an adult business
shall permit representatives of the Police Department or any other
City or other public official acting in their official capacity to
inspect the premises as necessary to ensure the business is complying
with all applicable regulations and laws.
[Ord. No. 2655 §13, 11-6-2012]
A.
Suspension, revocation or non-renewal of licenses may be justified
whenever the City Clerk has information that:
1.
The owner or operator of an adult business or a holder of a manager,
server or entertainer license has violated, or knowingly allowed or
permitted the violation of, any of the provisions of this Chapter;
or
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under any circumstances that the owner or operator
of an adult business knew or should have known that such violations
were committed; or
3.
The adult business license or the manager, server or entertainer
license was knowingly obtained through false statements in the application
for such license, or renewal thereof; or
4.
The adult business licensee or the manager, server or entertainer
licensee knowingly failed to make a complete disclosure of all information
in the application for the license, or renewal thereof; or
5.
The licensee has become disqualified from having a license by conviction
of a specified criminal act.
B.
Upon receipt of any of the information set forth above, the City
Clerk shall make this information known to the Governing Body, which,
upon five (5) days' written notice to the person holding the
license, shall conduct a public hearing to determine whether the license
should be suspended or revoked. The Governing Body may pass a resolution
setting forth the procedures for the conduct of these hearings. Based
on the evidence produced at the hearing, the Governing Body may take
any of the following actions:
1.
Direct the City Clerk to suspend the license for up to ninety (90)
days; or
2.
Direct the City Clerk to revoke the license for the remainder of
the license year; or
3.
Direct the City Clerk to place the license holder on administrative
probation for a period of up to one year, on the condition that no
further violations of this Chapter occur during the period of probation.
If a violation does occur and, after a hearing, the violation is determined
to have actually occurred, the license will be revoked for the remainder
of the license year.
[Ord. No. 2655 §14, 11-6-2012]
A.
A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on May 30 of each calendar year, and renewal applications for the
licenses shall be submitted by May 1 of that 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 herein for the
initial issuance of the license.
C.
If the application for renewal of a license is not made during the
time provided herein, the expiration of that license shall not be
affected, and a new application shall be required.
[Ord. No. 2655 §15, 11-6-2012]
Following the entry of an order by the Board of Aldermen suspending
or revoking a license issued pursuant to this Chapter, or disapproval
by the City Administrator of the renewal application for a license,
that licensee or applicant may seek judicial review in a manner provided
by law. The Board of Aldermen may stay enforcement of the order for
a period of time not to exceed thirty (30) days pending the filing
and/or final disposition of proceedings for judicial review.
[Ord. No. 2655 §16, 11-6-2012]
A.
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, that person shall be fined
not to exceed five hundred dollars ($500.00), or be punished by incarceration
for a period not to exceed ninety (90) days, or by both the 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.
B.
Any premises, building, dwelling or other structure in which an adult
business is repeatedly operated or maintained in violation of this
Chapter shall constitute a public nuisance and shall be subject to
civil abatement proceedings. Each day that a violation is permitted
to exist or occur shall constitute a separate operation or maintenance
of the violation.
C.
Notwithstanding the provisions of this Chapter, the City may employ
any remedy available at law or in equity to prevent or remedy a violation
of any provision of this Chapter.
D.
This Chapter does not impose strict liability. Unless a culpable
mental state is otherwise specified herein, a showing of a knowing
or reckless mental state is necessary to establish a violation of
this Chapter. Notwithstanding any other provision of law to the contrary,
for purposes of this Chapter, an act by an employee shall be imputed
to the adult business for purposes of finding a violation of this
Chapter only if an officer, director, or general partner, or a person
who managed, supervised, or controlled the operation of the business
premises knowingly or recklessly allowed such act to occur on the
premises. It shall be a defense to liability that the person to whom
liability is imputed was powerless to prevent the act.
[Ord. No. 2655 §17, 11-6-2012]
The City Clerk shall have the power to promulgate regulations
as may be necessary and feasible for carrying out the duties of his
or her office which are not inconsistent with the provisions of this
Chapter.
[Ord. No. 2655 §18, 11-6-2012]
A.
The provisions of this Chapter shall apply to all adult businesses
existing on the effective date of Ordinance No. 2655, as well as to
all adult businesses established after the effective date of Ordinance
No. 2655, including any existing business on the effective date that
alters its operations in a manner so as to become an adult business
after the effective date.
B.
Any adult business lawfully operating on November 21, 2012, that
does not comply with the public health, safety and general welfare
provisions of this Chapter shall be permitted to continue for a period
not to exceed ninety (90) days, unless sooner terminated for any reason,
or voluntarily discontinued for a period of thirty (30) days or more.
No businesses shall be increased, enlarged, extended or altered, except
that the business may be changed to conform to the public health,
safety and welfare requirements of this Chapter. By the end of the
ninety (90) days, all adult businesses shall conform to and abide
by the requirements of this Chapter. If two (2) or more adult businesses
are within one thousand (1,000) feet of one another and otherwise
in a permissible location, the adult business that was first established
and continually operating at a particular location is the conforming
business and any later-established business is non-conforming.
C.
An adult business lawfully operating as a conforming business is
not rendered nonconforming by the location, subsequent to the grant
or renewal of the adult business license, of a primary or secondary
school, house of worship, public library, licensed day-care center,
public park or property zoned or used for residential purposes and
within one thousand (1,000) feet of the adult business. This provision
applies only to the renewal of a valid license and does not apply
when an application for a license is submitted after a license has
expired or has been revoked.
[Ord. No. 2658 §2, 11-20-2012]
D.
Any non-conforming business may apply to the Governing Body for an
extension of time beyond that date provided herein within which to
terminate the non-conforming business or make the business conforming.
No extension of time shall be granted for a period longer than six
(6) months after the termination date otherwise set forth herein and
shall be granted only upon a showing of extreme hardship.
[Ord. No. 2655 §19, 11-6-2012]
A.
Applicability. This Section shall apply to any bookstore,
video store or other similar retail store in which adult media constitutes
more than ten percent (10%), but not more than thirty-three percent
(33%), of the store's inventory at any time, or where adult media
constitutes more than ten percent (10%), but not more than thirty-three
percent (33%), of the merchandise displayed for sale or rental at
any time, or where adult media occupies more than ten percent (10%),
but not more than thirty-three percent (33%), of the sales floor area
of the business (not including store rooms, stock areas, restrooms,
or any portion of the business not open to the public) at any time.
B.
Prohibition Of Public Display. The owner or manager
of a store to which this Section is applicable shall have the affirmative
duty to prevent the display of adult media at or within the portions
of the business open to minors.
C.
Display Of Adult Media. Adult media in a store to
which this Section applies shall be kept in a separate room or section
of the store, which room or section shall:
1.
Not be open to any minor;
2.
Be physically and visually separate from the rest of the store by
an opaque wall or durable material reaching at least eight (8) feet
high or to the ceiling, whichever is less;
3.
Be located so that the entrance to it is as far as reasonably practicable
from media or other inventory in the store likely to be of particular
interest to children; and
4.
Have access controlled by electronic or other means to provide assurance
that minors will not accidentally enter such room or section.
[Ord. No. 2655 §20, 11-6-2012]
Severability is intended throughout and within the provision
of this Chapter. If any section, subsection, subdivision, paragraph,
sentence, clause, phrase or portion of this Chapter is held to be
invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining
portions of this Chapter.
[Ord. No. 2655 §21, 11-6-2012]
Neither the adoption of this Chapter nor the repeal or amendment
of any ordinance or part or portion thereof shall in any manner affect
the prosecution or civil enforcement for violations of ordinances,
which violations were committed prior to the effective date hereof,
nor be construed as a waiver of any license, fee or penalty at said
effective date due and unpaid under this Chapter, nor be construed
as affecting any of the provisions of the ordinances relating to the
collection of any license, fee or penalty, or the penal provisions
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof required to be posted, filed
or deposited pursuant to any ordinance, and all rights and obligations
thereunder appertaining shall continue in full force and effect.