[R.O. 2012 §645.010; Ord. No. 6758 §645.000, 11-23-1998]
The following definitions shall have the ascribed meanings as
set out herein:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five (5) or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of "specified sexual activities" or "specified anatomical
areas".
A commercial establishment which, as one of its principal
business activities, offers for sale or rental for any form of consideration
any one (1) or more of the following: books, magazines, periodicals,
or other printed matter, or photographs, films, motion pictures, video
cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the
display of specified sexual activities or specified anatomical areas.
A "principal business activity" exists where the
commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade as defined above.
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment, regardless of whether alcoholic beverages
are served, which regularly features persons who appear semi-nude.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas",
and has a sign visible from the public right-of-way that advertises
the availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than twenty-four (24) hours.
A commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic reproductions, which
are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas are regularly shown
to more than five (5) persons for any form of consideration.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or semi-nudity, and/or live performances
that are characterized by the exposure of "specified sexual activities"
or by "specified anatomical areas".
Describe and pertain to any person who performs any service
on the premises of a sexually-oriented 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.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip, or other consideration.
Means and includes any of the following:
The opening or commencement of any sexually-oriented business
as a new business;
The conversion of an existing business, whether or not a sexually-oriented
business, to any sexually-oriented business;
The additions of any sexually-oriented business to any other
existing sexually-oriented business; or
The relocation of any sexually-oriented business.
A facility licensed by the State of Missouri, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than twelve (12) children less than
fourteen (14) years of age, where such children are not related by
blood, marriage or adoption to the owner or operator of the facility,
for less than twenty-four (24) hours a day, regardless of whether
or not the facility is operated for a profit or charges for the services
it offers.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals, or vulva,
with less than a fully opaque covering; or a female breast with less
than a fully opaque covering of any part of the nipple; or human male
genitals in a discernibly turgid state even if completely and opaquely
covered.
An individual, proprietorship, corporation, association,
or other legal entity.
The real property upon which the sexually-oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually-oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 640.030 of this Chapter.
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole
or in part.
A place where persons regularly appear in a state of semi-nudity
for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons. Such definition shall not apply to any place where
persons appearing in a state of semi-nudity do so in a modeling class
operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
A business or commercial enterprise that, as one of its principal
purposes, purports to offer for any form of consideration physical
contact in the form of wrestling or tumbling between two (2) or more
persons when one (1) or more of the persons is semi-nude.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, escort agency,
nude model studio, or sexual encounter center.
Means:
Any of the following specified offenses for which less than
eight (8) years has elapsed since the date of conviction or the date
of release from confinement for the conviction, whichever is later:
Rape and sexual assault offenses;
Sexual offenses involving minors;
Offenses involving prostitution;
Obscenity offenses;
Offenses involving money laundering;
Offenses involving tax evasion;
Any attempt, solicitation, or conspiracy to commit one (1) of
the offenses listed in paragraphs (1) to (6) of this definition; or
Any offense committed in another jurisdiction which if committed
in this State would have constituted an offense listed in paragraphs
(1) to (7) of this definition.
Any of the following:
At least thirty percent (30%) of the item or items so modified.
"Transfer of ownership or control" of a
sexually-oriented business means and includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon death of the person
possessing the ownership or control.
[R.O. 2012 §645.020; Ord. No. 6758 §645.010, 11-23-1998]
[R.O. 2012 §645.030; Ord. No. 6758 §645.020, 11-23-1998]
A.
It shall
be unlawful:
1.
For
any person to operate a sexually-oriented business without a valid
sexually-oriented business license issued by the City Clerk pursuant
to this Chapter.
2.
For
any person who operates a sexually-oriented business to employ a person
to work and/or perform services on the premises of the sexually-oriented
business, if such employee is not in possession of a valid sexually-oriented
business employee license issued by the City Clerk pursuant to this
Chapter.
3.
For
any person to obtain employment with a sexually-oriented business
if such person is not in possession of a valid sexually-oriented business
employee license issued to such person by the City Clerk pursuant
to this Chapter.
B.
An application
for a sexually-oriented business license must be made on a form provided
by the City. The application must be accompanied by a sketch or a
diagram showing the configuration of the premises, including a statement
of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six (6) inches. Prior to issuance
of a license, the premises must be inspected by the Code Enforcement
Officer and the Fire Department.
C.
An application
for a sexually-oriented business employee license must be made on
a form provided by the City.
D.
All applicants
for a license must be qualified according to the provisions of this
Chapter. The application may request, and the applicant shall provide,
such information (including fingerprints) as to enable the City to
determine whether the applicant meets the qualifications established
under this Chapter. The applicant has an affirmative duty to supplement
an application with new information received subsequent to the date
the application was deemed completed.
E.
If a
person who wishes to own/operate a sexually-oriented business is an
individual, he/she must sign the application for a business license
as applicant. If a person who wishes to operate a sexually-oriented
business is other than an individual, each individual who has a ten
percent (10%) or greater interest in the business must sign the application
for a business license as applicant. If a corporation is listed as
owner of a sexually-oriented business or as the entity that wishes
to operate such a business, each individual having a ten percent (10%)
or greater interest in the corporation must sign the application for
a business license as applicant.
F.
Applications
for a business license, whether original or renewal, must be made
to the City Clerk by the intended operator of the enterprise. Applications
must be submitted to the office of the City Clerk or the City Clerk's
designee during regular working hours. Application forms shall be
supplied by the City Clerk. The following information shall be provided
on the application form:
1.
The
name, street address (and mailing address if different) of the applicant(s);
2.
A recent
photograph of the applicant(s);
3.
The
applicant's driver's license number, Social Security number, and/or
his/her State or Federally issued tax identification number;
4.
The
name under which the establishment is to operated and a general description
of the services to be provided;
5.
Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 640.010, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
6.
Whether
the applicant, or a person residing with the applicant, has had a
previous license under this Chapter or other similar sexually-oriented
business ordinance from another City or County denied, suspended or
revoked; including the name and location of the sexually-oriented
business for which the business license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant is or has been
a partner in a partnership or an officer, director or principal stockholder
of a corporation that is or was licensed under a sexually-oriented
business ordinance whose business license has previously been denied,
suspended or revoked; including the name and location of the sexually-oriented
business for which the business license was denied, suspended or revoked
as well as the date of denial, suspension or revocation;
7.
Whether
the applicant, or a person residing with the applicant holds any other
licenses under this Chapter or other similar sexually-oriented business
ordinance from another City or County and, if so, the names and locations
of such other licensed businesses;
8.
The single classification of license, as found in Section 640.020, for which the applicant is filing;
9.
The
telephone number of the establishment;
10.
The
address and legal description of the tract of land on which the establishment
is to be located;
11.
If
the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought,
and the date on which the establishment began operations as a sexually-oriented
business at the location for which the business license is sought;
12.
If
the establishment is not in operation, the expected start up date
(which shall be expressed in number of days from the date of issuance
of the business license). If the expected start up date is to be more
than ten (10) days following the date of the issuance of the business
license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement
of the owner's time schedule and plan for accomplishing the same;
13.
If an applicant wishes to operate a sexually-oriented business, other than an adult motel, which shall exhibit on the premises — in a viewing room or booth of less than one hundred fifty (150) square feet of floor space — films, video cassettes, other video reproductions, or live entertainment which depict "specified sexual activities" or "specified anatomical areas", then the applicant shall comply with the application requirements set for in Section 640.180 hereunder.
G.
Each
application for a business license shall be accompanied by the following:
1.
Payment
of the application fee in full;
2.
If the
establishment is a corporation, a certificate of good standing from
the State of incorporation (dated within thirty (30) days of application
for license), a certified copy of the articles of incorporation, together
with all amendments thereto;
3.
If the
establishment is a foreign corporation, a certified copy of the certificate
of authority to transact business in this State, together with all
amendments thereto;
4.
If the
establishment is a limited partnership, a certified copy of the certificate
of limited partnership, together with all amendments thereto;
5.
If the
establishment is a foreign limited partnership, a certified copy of
the certificate of limited partnership and the qualification documents,
together with all amendments thereto;
6.
Proof
of the current fee ownership of the tract of land on which the establishment
is to be situated in the form of a copy of the recorded deed;
7.
If the
persons identified as the fee owner(s) of the tract of land in item
(6) are not also the owners of the establishment, then the lease,
purchase contract, purchase option contract, lease option contract
or other documents evidencing the legally enforceable right of the
owners or proposed owners of the establishment to have or obtain the
use and possession of the tract or portion thereof that is to be used
for the establishment for the purpose of the operation of the establishment;
8.
A current
certificate and straight-line drawing prepared within thirty (30)
days prior to application by a registered land surveyor depicting
the property lines and the structures containing any sexually-oriented
businesses within one thousand (1,000) feet of the property to be
certified; the property lines of any established religious institution/synagogue,
school, public park or recreation area, or family-oriented entertainment
business within one thousand five hundred (1,500) feet of the property
to be certified. For the purposes of this Section, a use shall be
considered existing or established if it is in existence at the time
an application is submitted;
9.
Any
items (2) through (8) above shall not be required for a renewal application
if the applicant states that the documents previously furnished the
City Clerk with the original application or previous renewals thereof
remain correct and current.
H.
Applications
for an employee license to work and/or perform services in a sexually-oriented
business, whether original or renewal, must be made to the Director
by the person to whom the employee license shall issue. Each application
for an employee license shall be accompanied by payment of the application
fee in full. Application forms shall be supplied by the City Clerk.
Applications must be submitted to the office of the City Clerk or
the City Clerk's designee during regular working hours. Each applicant
shall be required to give the following information on the application
form:
1.
The
applicant's given name, and any other names by which the applicant
is or has been known, including "stage" names and/or aliases;
2.
Age,
and date and place of birth;
3.
Height,
weight, hair color, and eye color;
4.
Present
residence address and telephone number;
5.
Present
business address and telephone number;
6.
Date,
issuing State, and number of photo driver's license, or other State
issued identification card information;
7.
Social
Security number; and
8.
Proof
that the individual is at least eighteen (18) years of age.
I.
Attached
to the application form for a license shall be the following:
1.
A color
photograph of the applicant clearly showing the applicant's face,
and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
2.
A statement
detailing history of the applicant for the five (5) years immediately
preceding the date of the filing of this application, including whether
such applicant, in this or any other City, County, State, or country,
has ever had any license, permit, or authorization to do business
denied, revoked, or suspended, or had any professional or vocational
license or permit denied, revoked, or suspended. In the event of any
such denial, revocation, or suspension, state name(s) under which
the license was sought and/or issued, the name(s) of the issuing or
denying jurisdiction, and describe in full the reason(s) for the denial,
revocation, or suspension. A copy of any order of denial, revocation,
or suspension shall be attached to the application.
J.
Every
application for a license shall contain a statement under oath that:
K.
A separate application and business license shall be required for each sexually-oriented business classification as set forth in Section 640.020.
L.
The fact
that a person possesses other types of State or City permits and/or
licenses does not exempt him/her from the requirement of obtaining
a sexually-oriented businesses or employee license.
[R.O. 2012 §645.040; Ord. No. 6758 §645.030, 11-23-1998]
A.
Upon
the filing of an application for a sexually-oriented business employee
license, the City Clerk shall issue a temporary license to said applicant.
The application shall then be referred to the appropriate City departments
for investigation to be made on the information contained in the application.
The application process shall be completed within thirty (30) days
from the date of the completed application. After the investigation,
the City Clerk shall issue an employee license, unless it is determined
by a preponderance of the evidence that one (1) or more of the following
findings is true:
1.
The
applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
The
applicant is under the age of eighteen (18) years;
3.
The
applicant has been convicted of a "specified criminal activity" as defined in Section 640.010 of this Chapter;
4.
The
sexually-oriented business employee license is to be used for employment
in a business prohibited by local or State law, Statute, rule, or
regulation, or prohibited by a particular provision of this Chapter;
or
5.
The
applicant has had a sexually-oriented business employee license revoked
by the City within two (2) years of the date of the current application.
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If the sexually-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this Subsection shall be subject to appeal as set forth in Subsection (I) of this Section.
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B.
A license issued pursuant to Subsection (A) of this Section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually-oriented business. The employee shall keep the license on his/her person at all times while engaged in employment or performing services on the sexually-oriented business premises so that said license may be available for inspection upon lawful request.
C.
A license issued pursuant to Subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City Clerk that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 640.050.
D.
If application
is made for a sexually-oriented business license, the City Clerk shall
approve or deny issuance of the license to an applicant unless it
is determined by a preponderance of the evidence that one (1) or more
of the following findings is true:
1.
An applicant
has failed to provide the information reasonably necessary for issuance
of the license or has falsely answered a question or request for information
on the application form;
2.
An applicant
is under the age of eighteen (18) years;
3.
An applicant
or a person with whom the applicant is residing has been denied a
license by the City to operate a sexually-oriented business within
the preceding twelve (12) months, or whose license to operate a sexually-oriented
business has been revoked within the preceding twelve (12) months;
4.
An applicant
or a person with whom the applicant is residing is overdue in payment
to City taxes, fees, fines, or penalties assessed against or imposed
upon him/her in relation to any business;
5.
An applicant
or a person with whom the applicant is residing has been convicted
of a "specified criminal activity" as defined in Section 640.010;
6.
The
premises to be used for the sexually-oriented business have not been
approved by the Code Enforcement Officer and the Fire Department as
being in compliance with applicable laws and ordinances;
7.
The
license fee required under this Chapter has not been paid;
8.
An applicant
of the proposed establishment is in violation of or is not in compliance
with one (1) or more of the provisions of this Chapter.
E.
A license issued pursuant to Subsection (D) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business, and the Section 640.020 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it may be easily read at any time.
F.
The Code
Enforcement Officer and the Fire Department shall complete their certification
that the premises are in compliance or not in compliance within twenty
(20) days of receipt of the completed application by the City Clerk.
The certification shall be promptly presented to the City Clerk.
G.
A sexually-oriented business license shall issue for only one (1) classification, as set forth in Section 640.020.
H.
In the
event that the City Clerk determines that an applicant is not eligible
for a license, the applicant shall be given notice in writing of the
reasons for the denial within forty-five (45) days of the receipt
of the completed application by the City Clerk, provided that the
applicant may request, in writing at any time before the notice is
issued, that such period be extended for an additional period of not
more than ten (10) days in order to make modifications necessary to
comply with this Chapter.
I.
An applicant may appeal the decision of the City Clerk regarding a denial to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after service of notice upon the applicant of the City Clerk's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Clerk may, within fifteen (15) days of service upon him/her of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the City Council. After reviewing such memoranda, as well as the City Clerk's written decision, if any, and exhibits submitted to the City Clerk, the City Council shall vote to either uphold or overrule the City Clerk's decision. Such vote shall be taken within twenty-one (21) calendar days after the date in which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the City Clerk's decision during the pendency of the appeal. Judicial review of a denial by the City Clerk and City Council may be made pursuant to Section 640.100 of this Chapter.
J.
A license issued pursuant to Subsection (D) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City Clerk that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 640.050.
[R.O. 2012 §645.050; Ord. No. 6758 §645.040, 11-23-1998]
The annual fee for a sexually-oriented business license, whether
new or renewal, is five hundred dollars ($500.00). The annual fee
for a sexually-oriented business employee license, whether new or
renewal, is fifty dollars ($50.00). These fees are to be used to pay
for the cost of the administration and enforcement of this Chapter.
[R.O. 2012 §645.060; Ord. No. 6758 §645.050, 11-23-1998]
A.
An applicant
or licensee shall permit representatives of the Police Department,
Code Enforcement Officer, Fire Department, or other City or State
departments or agencies to inspect the premises of a sexually-oriented
business for the purpose of insuring compliance with the law, at any
time it is open for business.
B.
A person
who operates a sexually-oriented business or his/her agent or employee
commits an ordinance violation if he/she refuses to promptly permit
such lawful inspection of the premises.
[R.O. 2012 §645.070; Ord. No. 6758 §645.060, 11-23-1998]
A.
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 640.030. Application for renewal should be made at least thirty (30) days before the expiration date; when made less than forty-five (45) days before the expiration date, the expiration of the license will not be affected.
B.
When
the City Clerk denies renewal of a license, the applicant shall not
be issued a license for one (1) year from the date of denial.
[R.O. 2012 §645.080; Ord. No. 6758 §645.070, 11-23-1998]
A.
The City
Clerk shall suspend a license for a period not to exceed thirty (30)
days if he/she determines that licensee or an employee of licensee
has:
1.
Violated
or is not in compliance with any Section of this Chapter;
2.
Operated
or performed services in a sexually-oriented business while intoxicated
by the use of alcoholic beverages or controlled substances;
3.
Refused
to allow prompt inspection of the sexually-oriented business premises
as authorized by this Chapter;
4.
With
knowledge, permitted gambling by any person on the sexually-oriented
business premises.
[R.O. 2012 §645.090; Ord. No. 6758 §645.080, 11-23-1998]
A.
The City Clerk shall revoke a license if a cause of suspension in Section 640.080 occurs and the license has been suspended within the preceding twelve (12) months.
B.
The City
Clerk shall revoke a license if he/she determines that:
1.
A licensee
gave false or misleading information in the material submitted during
the application process;
2.
A licensee,
or a person with whom the licensee is residing, was convicted of a "specified criminal activity" on a charge that was pending
prior to the issuance of the license;
3.
A licensee
has, with knowledge, permitted the possession, use, or sale of controlled
substances on the premises;
4.
A licensee
has, with knowledge, permitted the sale, use, or consumption of alcoholic
beverages on the premises;
5.
A licensee
has, with knowledge, permitted prostitution on the premises;
6.
A licensee
has, with knowledge, operated the sexually-oriented business during
a period of time when the licensee's license was suspended;
7.
A licensee
has, with knowledge, permitted any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sexual conduct to occur in
or on the licensed premises;
8.
A licensee
is delinquent in payment to the City or State for any taxes or fees;
9.
A licensee
has, with knowledge, permitted a person under eighteen (18) years
of age to enter the establishment; or
10.
A
licensee has attempted to sell his/her business license, or has sold,
assigned, or transferred ownership or control of the sexually-oriented
business to a non-licensee.
C.
When
the City Clerk revokes a license, the revocation shall continue for
one (1) year, and the licensee shall not be issued a sexually-oriented
business license for one (1) year from the date revocation became
effective.
[R.O. 2012 §645.100; Ord. No. 6758 §645.090, 11-23-1998]
After denial of an initial or renewal application by the City
Clerk and the City Council, or suspension or revocation of a license
by the City Clerk, the applicant or licensee may seek prompt judicial
review of such administrative action in any court of competent jurisdiction.
The administrative action shall be promptly reviewed by the court.
[R.O. 2012 §645.110; Ord. No. 6758 §645.100, 11-23-1998]
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually-oriented business under the authority
of a license at any place other than the address designated in the
application.
[R.O. 2012 §645.120; Ord. No. 6758 §645.110, 11-23-1998]
A.
Sexually-oriented
businesses shall be permitted in any industrial district provided
that:
1.
The
sexually-oriented business may not be operated within:
a.
One
thousand (1,000) feet of any pre-existing primary or secondary school,
house of worship, State-licensed day care facility, public library,
public park, residence, or other sexually-oriented business.
b.
One
thousand five hundred (1,500) feet of a public or private elementary
or secondary school;
c.
One
thousand five hundred (1,500) feet of a boundary of any residential
district;
d.
One
thousand five hundred (1,500) feet of a public park;
e.
One
thousand five hundred (1,500) feet of a licensed day care center;
f.
One
thousand five hundred (1,500) feet of an entertainment business that
is oriented primarily towards children or family entertainment; or
g.
One
thousand (1,000) feet of another sexually-oriented business.
2.
A sexually-oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually-oriented business classified pursuant to Section 640.020
3.
For
the purpose of this Chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually-oriented business is conducted, to the nearest
property line of the premises of a church, synagogue, regular place
of worship, or public or private elementary or secondary school or
to the nearest boundary of an affected public park, residential district,
or residential lot, or licensed day care center, or child or family
entertainment business.
[R.O. 2012 §645.130; Ord. No. 6758 §645.120, 11-23-1998]
Any business lawfully operating on the effective date of this
Chapter that is in violation of the location or structural configuration
requirements of this Chapter shall be deemed a non-conforming use.
The non-conforming use will be permitted to continue unless terminated
for any reason voluntarily or discontinued for a period of thirty
(30) days or more. Such non-conforming uses shall not be increased,
enlarged, extended or altered except that the use may be changed to
a conforming use. If two (2) or more sexually-oriented businesses
are within one thousand (1,000) feet of one another and otherwise
in a permissible location, the sexually-oriented business that was
first (1st) established and continually operated at a particular location
is the conforming use and the later-established business(es) is non-conforming.
[R.O. 2012 §645.140; Ord. No. 6758 §645.140, 11-23-1998]
A.
Evidence
that a sleeping room in a hotel, motel, or similar commercial enterprise
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the enterprise is an adult motel as that term is defined in this
Chapter.
B.
It is
unlawful if a person, as the person in control of a sleeping room
in a hotel, motel, or similar commercial enterprise that does not
have a sexually-oriented business license, rents or subrents a sleeping
room to a person and, within ten (10) hours from the time the room
is rented, he/she rents or subrents the same sleeping room again.
[R.O. 2012 §645.150; Ord. No. 6758 §645.150, 11-23-1998]
A.
An escort
agency shall not employ any person under the age of eighteen (18)
years.
B.
A person
commits an offense if the person acts as an escort or agrees to act
as an escort for any person under the age of eighteen (18) years.
C.
Violation
of this Section shall constitute an ordinance violation.
[R.O. 2012 §645.160; Ord. No. 6758 §645.160, 11-23-1998]
A.
A nude
model studio shall not employee any person under the age of eighteen
(18) years.
B.
A person
under the age of eighteen (18) years commits an ordinance violation
if the person appears semi-nude or in a state of nudity in or on the
premises of a nude model studio. It is a defense to prosecution under
this Subsection if the person under eighteen (18) years of age was
in a restroom not open to the public view or visible by any other
person.
C.
A person
commits an ordinance violation if the person appears in a state of
nudity, or with knowledge, allows another to appear in a state of
nudity in an area of a nude model studio premises which can be viewed
from the public right-of-way.
D.
A nude
model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises, except that a sofa may be placed in a reception
room open to the public.
[R.O. 2012 §645.170; Ord. No. 6758 §645.170, 11-23-1998]
A.
It shall
be an ordinance violation for a person who, with knowledge and intent,
appears in person in a state of nudity in a sexually-oriented business,
or depicts specified sexual activities in a sexually-oriented business.
B.
No employee
shall knowingly or intentionally, in a sexually-oriented business,
appear in a semi-nude condition unless the employee, while semi-nude,
shall be and remain on a fixed stage at least six (6) feet from all
patrons and at least eighteen (18) inches from the floor in a room
of at least six hundred (600) square feet.
C.
It shall
be an ordinance violation for an employee, while semi-nude in a sexually-oriented
business, to solicit any pay or gratuity from any patron or customer,
or for any patron or customer to pay or give any gratuity to any employee,
while said employee is semi-nude in the sexually-oriented business.
D.
It shall
be an ordinance violation for an employee, while semi-nude, to touch
a patron or the clothing of a patron, or for a patron to touch a semi-nude
employee or the clothing of a semi-nude employee.
[R.O. 2012 §645.180; Ord. No. 6758 §645.180, 11-23-1998]
A.
A person
who operates or causes to be operated a sexually-oriented business,
other than an adult motel, which exhibits on the premises in a viewing
room of less than one hundred fifty (150) square feet of floor space,
a film, video cassette, other video reproduction, or live performance
that depicts specified sexual activities or specified anatomical areas,
shall comply with the following requirements.
1.
Upon
application for a sexually-oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager's stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the place at which the business
license will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required, however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six (6) inches. The City
Clerk may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
it was prepared.
2.
The
application shall be sworn to be true and correct by the applicant.
3.
No alteration
in the configuration or location of a manager's station may be made
without the prior approval of the City Clerk or his/her designee.
4.
It is
the duty of the owners and operator of the premises to ensure that
at least one (1) employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
5.
A sexually-oriented
business, which exhibits on the premises, through any mechanical or
electronic image-producing device, a film, video cassette, 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:
a.
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;
b.
An
operator's station shall not exceed thirty-two (32) square feet of
floor area;
c.
If
the premises has two (2) 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 (1)
of the operator's stations;
d.
The
view required under this Subsection shall be by direct line of sight
from the operator's station;
e.
It
is the duty of the operator to ensure that at least one (1) 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
f.
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.
6.
It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (A)(5) of this Section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to Subsection (A)(1) of this Section.
7.
No viewing
room may be occupied by more than one (1) person at any time.
8.
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than five (5) foot-candle as
measured at the floor level.
9.
It shall
be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
10.
No
licensee shall allow an opening of any kind to exist between viewing
rooms or booths.
11.
No
person shall make any attempt to make an opening of any kind between
the viewing booths or rooms.
12.
The
operator of the sexually-oriented business shall, during each business
day, inspect the walls between the viewing booths to determine if
any openings or holes exist.
13.
The
operator of the sexually-oriented business shall cause all floor coverings
in viewing booths to be non-porous, easily cleanable surfaces, with
no rugs or carpeting.
14.
The
operator of the sexually-oriented business shall cause all wall surfaces
and ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, non-porous, easily cleanable material. No wood, plywood,
composition board or other porous material shall be used within forty-eight
(48) inches of the floor.
[R.O. 2012 §645.190; Ord. No. 6758 §645.190, 11-23-1998]
A.
It shall
be unlawful for an owner or operator of a sexually-oriented business
to allow the merchandise or activities of the establishment to be
visible from a point outside the establishment.
B.
It shall
be unlawful for the owner or operator of a sexually-oriented business
to allow the exterior portion of the sexually-oriented business to
have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by the provisions of this Chapter.
C.
It shall
be unlawful for the owner or operator of a sexually-oriented business
to allow exterior portions of the establishment to be painted any
color other than a single achromatic color. The provision shall not
apply to a sexually-oriented business if the following conditions
are met:
1.
The
establishment is a part of a commercial multi-unit center; and
2.
The
exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
D.
Nothing
in this Section shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually-oriented business.
E.
A violation
of any provision of this Section shall constitute an ordinance violation.
[R.O. 2012 §645.200; Ord. No. 6758 §645.200, 11-23-1998]
A.
Notwithstanding
any other City ordinance, Code, or regulation to the contrary, it
shall be unlawful for the operator of any sexually-oriented business
or any other person to erect, construct, or maintain any sign for
the sexually-oriented business other than the one (1) primary sign
and one (1) secondary sign, as provided herein.
C.
Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner, and may contain only the name of the
enterprise.
D.
Each
letter forming a word on a primary sign shall be of solid color, and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E.
Secondary
signs shall have only one (1) display surface. Such display surface
shall:
G.
Violation
of any provision of this Section shall constitute an ordinance violation.
[R.O. 2012 §645.210; Ord. No. 6758 §645.220, 11-23-1998]
A.
No person
less than nineteen (19) years of age shall dance in an adult cabaret
as defined in Section 573.500, RSMo., nor shall any proprietor of
such establishment permit any person less than nineteen (19) years
of age to dance in an adult cabaret.
B.
It shall
be the duty of the operator of each sexually-oriented business to
ensure that an attendant is stationed at each public entrance to the
sexually-oriented business at all times during each sexually-oriented
businesses' regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from entering
the sexually-oriented business. It shall be presumed that an attendant
knew a person was under the age of eighteen (18) unless such attendant
asked for and was furnished a valid operator's, commercial operator's,
or chauffeur's driver's license or State-issued identification card.
C.
Violation
of this Section shall constitute an ordinance violation.
[R.O. 2012 §645.220; Ord. No. 6758 §645.230, 11-23-1998]
It shall be unlawful for any sexually-oriented business, regardless
of whether in a public or private facility, to operate as a massage
salon, massage parlor or any similar type business where any physical
contact with the recipient of such services is provided by a person
of the opposite sex, except this Section shall not be applicable to
services provided by a medical practitioner, a professional physical
therapist or a massage therapist certified or licensed by the State.
Violation of this Section shall constitute an ordinance violation.
No operator shall allow or permit a sexually-oriented business
to be or remain open between the hours of 12:00 Midnight and 6:00
A.M. on any day.
[R.O. 2012 §645.240; Ord. No. 6758 §645.250, 11-23-1998]
A.
It is
a defense to prosecution under this Chapter that a person appearing
in a state of nudity did so in a modeling class operated:
1.
By a
proprietary school, licensed by the State of Missouri, a college,
junior college, or university supported entirely or partly by taxation;
2.
By a
private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
[R.O. 2012 §645.250; Ord. No. 6758 §645.260, 11-23-1998]
A.
Any notice
required or permitted to be given by the City Clerk or any other City
office, division, department or other agency under this Chapter to
any applicant, operator or owner of a sexually-oriented business may
be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license,
or any notice of address change that has been received by the City
Clerk. Notices mailed as above shall be deemed given upon their deposit
in the United States mail. In the event that any notice given by mail
is returned by the postal service, the City Clerk or his/her designee
shall cause it to be posted at the principal entrance to the establishment.
B.
Any notice
required or permitted to be given to the City Clerk by any person
under this Chapter shall not be deemed given until and unless it is
received in the office of the City Clerk.
C.
It shall
be the duty of each owner who is designated on the license application
and each operator to furnish notice to the City Clerk in writing of
any change of residence or mailing address.
[R.O. 2012 §645.260; Ord. No. 6758 §645.270, 11-23-1998]
A person who operates or causes to be operated a sexually-oriented business without a valid business license or in violation of Section 640.030 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually-oriented business so operates is a separate offense or violation.
[R.O. 2012 §645.270; Ord. No. 6758 §645.280, 11-23-1998]
If any Section, Subsection, or clause of this Chapter shall
be deemed to be unconstitutional or otherwise invalid, the validity
of the remaining Sections, Subsections, and clauses shall not be affected
thereby.
[R.O. 2012 §645.280; Ord. No. 6758 §645.290, 11-23-1998]
Violation of any provision of this Chapter shall constitute an ordinance violation, and is punishable pursuant to Section 100.080 of the City Code.
