[Ord. No. 3605 §1, 11-15-2004]
It is the purpose of this Article to regulate sexually oriented
businesses and related activities to promote the health, safety, morals
and general welfare of the citizens of the City of De Soto, Missouri,
and to establish reasonable and uniform regulations to prevent the
deleterious location and concentration of sexually oriented businesses
within the City. The provisions of this Article have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is neither the intent nor effect of this Article to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this Article to condone or legitimize
the distribution of obscene materials.
[Ord. No. 3605 §1, 11-15-2004]
As used in this Article, the following terms shall have these
prescribed meanings:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated electronically, electrically or mechanically
controlled still or motion picture machines, projectors, videos or
other image-producing devices are maintained to show images to five
(5) or fewer persons per machine at any one (1) time and where the
images so displayed are distinguished or characterized by the depicting
or describing of "specified sexual activities" or "specified anatomical
areas".
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment that, as one (1) of its principal
business purposes, offers for sale or rental for any form of consideration
any one (1) or more of the following:
1.
Books, magazines, periodicals or other printed matter or photographs,
films, motion picture, video cassettes or video reproductions, slides
or other visual representations that are distinguished or characterized
by the depicting or describing of "specified sexual activities" or
"specified anatomical areas"; or
2.
Instruments, devices or paraphernalia that are designed for
use in connection with "specified sexual activities".
A principal business purpose exists if materials offered for
sale or rental depicting or describing "specified sexual activities"
or "specified anatomical areas" generate twenty percent (20%) or more
of the business's income or account for twenty percent (20%) or more
of inventory or occupy twenty percent (20%) or more of total floor
space. A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as adult bookstore or adult
video store. Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an adult
bookstore or adult video store so long as one (1) of its principal
business purposes is the offering for sale or rental for consideration
the specified materials that depict or describe "specified sexual
activities" or "specified anatomical areas".
|
ADULT CABARET
A nightclub, bar, restaurant, cafe or similar commercial
establishment that regularly, commonly, habitually or consistently
features:
1.
Persons who appear in a state of nudity or semi-nudity; or
2.
Live performances that are distinguished or characterized by
the exposure of "specified anatomical areas" or by "specified sexual
activities"; or
3.
Films, motion pictures, video cassettes, slides, photographic
reproductions or other image-producing devices that are distinguished
or characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
4.
Persons who engage in "exotic" or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience
or customers.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
1.
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 distinguished or 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;
or
2.
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
3.
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.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly, commonly, habitually or consistently
shown that are distinguished or characterized by the depiction or
description of "specified sexual activities" or "specified anatomical
areas".
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment that regularly, commonly, habitually or consistently
features persons who appear, in person, in a state of nudity and/or
semi-nudity and/or live performances that are distinguished or characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities".
CITY CLERK
The City Clerk of the City of De Soto and such employee(s)
of the Clerk's department as he/she may designate to perform the duties
of the City Clerk under this Article.
EMPLOYEE
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not the said person
is paid a salary, wage or other compensation by the operator of said
business. "Employee" does not include a person exclusively on the
premises for repair or maintenance of the premises or equipment on
the premises or for the delivery of goods to the premises, nor does
"employee" include a person exclusively on the premises as a patron
or customer.
ESCORT
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.
ESCORT AGENCY
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.
ESTABLISHMENT
Includes any of the following:
1.
The opening or commencement of any sexually oriented business
as a new business;
2.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
3.
The additions of any sexually oriented business to any other
existing sexually oriented business; or
4.
The relocation of any sexually oriented business; or
5.
A sexually oriented business or premises on which the sexually
oriented business is located.
LICENSED DAY CARE CENTER
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 under
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.
LICENSEE
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.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons for consideration.
NUDITY OR A STATE OF NUDITY
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 areola; or human male genitals
in a discernibly turgid state even if completely and opaquely covered.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PREMISES
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
605.250 of this Article.
SEMI-NUDE OR SEMI-NUDITY
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.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one (1) of its
principal business purposes, offers for any form of consideration:
1.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
2.
Activities between persons of the opposite sex and/or persons
of the same sex when one (1) or more of the persons is in a state
of nudity or semi-nudity.
A principal business purpose exists if the services offered
are intended to generate business income.
|
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
1.
Sexually oriented business uses are classified as follows:
b.
Adult bookstores or adult video stores; or
d.
Adult motion picture theaters; or
i.
Sexual encounter centers.
SPECIFIED ANATOMICAL AREAS
1.
Human male genitals in a discernibly turgid state, even if fully
and opaquely covered;
2.
Less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above
the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
1.
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; sexual assault; molestation of a child; or any similar sex-related
offenses to those described above under the criminal or penal code
of this State, other States or other countries.
2.
For which:
a.
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
b.
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
c.
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement imposed for
the last conviction, whichever is the later date, if the convictions
are for two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
3.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered;
2.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
3.
Masturbation, actual or simulated; or
4.
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
1.
The sale, lease or sublease of the business;
2.
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
3.
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 the death of the
person possessing the ownership or control.
[Ord. No. 3605 §1, 11-15-2004; Ord. No. 3897 §1, 8-15-2011]
A. It
shall be unlawful for any person to operate a sexually oriented business
without a valid sexually oriented business operator's license ("operator's
license") issued by the City Clerk pursuant to this Article.
B. An
application for a sexually oriented business operator's 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.
C. All
applicants for a license must be qualified according to the provisions
of this Article. The application may request and the applicant shall
provide such information reasonably necessary (including fingerprints)
to enable the City to determine whether the applicant meets the qualifications
established under this Article. The applicant has an affirmative duty
to supplement an application with new information received subsequent
to the date the application was deemed completed.
D. If
a person who wishes to own or operate a sexually oriented business
is an individual, he/she must sign the application for an operator's
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 an operator's 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, all corporate officers and
directors must sign the application for an operator's license as applicant.
E. Applications
for an operator's 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. The applicant's Social Security number and/or his/her State or Federally
issued tax identification number;
3. The name under which the establishment is to be operated and a general
description of the services to be provided;
a. If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, he or she must state:
(1)
The sexually oriented business's fictitious name, and
(2)
Submit the required registration documents;
4. Whether the applicant has been convicted or is awaiting trial on pending charges of a "specified criminal activity" as defined in Section
605.665 and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
5. Whether the applicant has had a previous license under this Article
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 is or has
been a partner in a partnership or an officer, director 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;
6. Whether the applicant holds any other licenses under this Article
or other similar sexually oriented business ordinance from another
City or County and, if so, the names and locations of such other licensed
businesses;
7. The single classification of license, as found in Section
605.665 for which the applicant is filing;
8. The telephone number of the establishment;
9. The address and legal description of the tract of land on which the
establishment is to be located;
10. 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;
11. If the establishment is not in operation, the expected startup date
(which shall be expressed in number of days from the date of issuance
of the business license). If the expected startup date is to be more
than ten (10) days following the date of 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;
12. 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 forth in this Section.
F. Each
application for an operator's license shall be accompanied by the
following:
1. Payment of the application fee in full;
2. If the establishment is a State of Missouri corporation, 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 formed under the laws
of the State of Missouri, 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) is not also the owner of the sexually oriented business,
then the lease, purchase contract, purchase option contract, lease
option contract or other document(s) evidencing the legally enforceable
right of the owner(s) or proposed owner(s) of the sexually oriented
business to have or obtain the use and possession of the tract or
portion thereof that is to be used for the sexually oriented business;
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 existing sexually
oriented businesses within one thousand (1,000) feet of the property
to be certified; and the property lines of any established religious
institution/ synagogue, school, public park or recreation area within
one thousand five hundred (1,500) feet of the property to be certified.
For 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 of items (2) through (8) above shall not be required for a renewal
application if the applicant states that the documents previously
furnished to the City Clerk with the original application or previous
renewals thereof remain correct and current.
[Ord. No. 3605 §1, 11-15-2004]
A. If
application is made for a sexually oriented business operator's license,
the City Clerk shall approve or deny issuance of the license within
thirty (30) days of receipt of the completed application. The City
Clerk shall issue a 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 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 is overdue in payment to the City for taxes, fees, fines
or penalties assessed against or imposed upon him/her in relation
to the sexually oriented business for which license is sought or the
property on which the sexually oriented business is located or will
be located;
5. An applicant has been convicted of a "specified criminal activity" as defined in Section
605.665;
6. The premises to be used for the sexually oriented business have not
been approved by the Health Department, Building Department and Zoning
Department as being in compliance with applicable laws and ordinances,
if such approval is required under other Sections of this Article;
7. The license fee required under this Article 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
Article.
B. 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
605.665 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.
C. If so required under other Sections of this Article, the Health Department, Building Department and Zoning 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. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in Subsection
(A). In the event the City Clerk fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.
D. A sexually oriented business license shall issue for only one (1) classification as set forth in Section
605.665.
E. In
the event that the City Clerk determines that an applicant is not
eligible for a sexually oriented operator's license, the applicant
shall be given notice in writing of the reasons for the denial within
thirty (30) 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 Article.
F. An applicant may appeal the decision of the City Clerk regarding a denial to the City Manager by filing a written notice of appeal with the City Clerk within ten (10) 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 responsive memorandum to the City Manager. After reviewing such memoranda, as well as the City Clerk's written decision, if any, and exhibits submitted to the City Clerk, the City Manager shall vote either to uphold or overrule the City Clerk's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City Clerk receives notice of appeal. Judicial review of a denial by the City Clerk and City Manager may be made pursuant to Section
605.700 of this Article.
G. 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 Article 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
605.680.
H. A business
existing and operating as a sexually oriented business at the time
of the adoption of this Article shall have seventy-five (75) days
in which to comply with the licensing provisions required herein.
[Ord. No. 3605 §1, 11-15-2004]
The annual fee for a sexually oriented business operator's license,
whether new or renewal, is five hundred dollars ($500.00). These fees
are to be used to pay for the cost of the administration enforcement
of this Article.
[Ord. No. 3605 §1, 11-15-2004]
The Chief of Police, Health Inspector or any designated members
of the Police Department shall from time to time and at least twice
a year make an inspection of each "sexually oriented business" establishment
for the purposes of determining that the provisions of this Chapter
are complied with. Such inspections shall be made at reasonable times
and in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such Inspection Officer access to the premises or
to hinder such officer in any manner.
[Ord. No. 3605 §1, 11-15-2004]
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
605.670. Application for renewal should be made at least thirty (30) days before the expiration date. When application is made less than thirty (30) 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.
[Ord. No. 3605 §1, 11-15-2004]
A. The
City Clerk shall suspend a license for a period not to exceed thirty
(30) days if he/she determines that licensee has:
1. Violated or is not in compliance with any Section of this Article;
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 Article;
4. With knowledge, permitted gambling by any person on the sexually
oriented business premises.
|
A licensee may appeal the revocation of a license to the City Manager in accordance with the procedure set forth in Section 605.675(F) or may seek direct judicial review pursuant to Section 605.700.
|
B. The
City Clerk shall revoke a license if a cause of suspension occurs
and the license has been suspended within the proceeding twelve (12)
months.
C. The
City Clerk shall revoke a license if he/she determines that:
1. A licensee gave materially false or misleading information in the
material submitted during the application process;
2. A licensee 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, fees, fines or penalties relating to the sexually oriented
business or the premises thereon;
9. A licensee has, with knowledge, permitted a person under eighteen
(18) years of age to enter or remain in the establishment; or
10. A licensee has attempted to sell his business license or has sold,
assigned or transferred ownership or control of the sexually oriented
business to a non-licensee of the establishment;
11. A licensee has, with knowledge, permitted a person or persons to
engage in specified sexual activities on the premises of the sexually
oriented business.
D. When the City Clerk revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a license for one (1) year from the date revocation became effective. A licensee may appeal the revocation of a license to the City Manager in accordance with the procedure set forth in Section
605.675(F) or may seek direct judicial review pursuant to Section
605.700.
[Ord. No. 3605 §1, 11-15-2004]
Within twenty-one (21) days of a denial of an initial or renewal
application by the City Clerk and City Manager or suspension or revocation
of a license by the City Clerk or designee, the applicant or licensee
may seek judicial review of such administrative action in any court
of competent jurisdiction, State or Federal. The administrative action
shall then be reviewed by the court for a prompt judicial determination.
[Ord. No. 3605 §1, 11-15-2004]
A. 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
and set forth in the operator's license.
B. An
operator's license shall not be transferable from one location to
another.
[Ord. No. 3605 §1, 11-15-2004; Ord. No. 3897 §1, 8-15-2011]
A. Sexually
oriented businesses shall be allowed in a "M-1 Light Industrial District"
as a "conditional use permit" provided that:
1. Any sexually oriented business legally established after August 30,
2010 may not be operated within one thousand (1,000) feet, except
sexually oriented businesses legally established prior to August 30,
2010 which may not operate within five hundred (500) feet of the following:
a. A church, synagogue, mosque, temple or building which is used primarily
for religious worship and related religious activities;
b. A public or private educational facility including, but not limited
to, child day care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, vocational schools, secondary
schools, continuation schools, special education school, junior colleges
and universities; school includes the school ground but does not include
the facilities used primarily for another purpose and only incidentally
as a school;
c. A public park or recreational area which has been designated for
park or recreational activities including, but not limited to, a park,
playground, nature trails, swimming pool, reservoir, athletic field,
basketball or tennis courts, skating rink, pedestrian/bicycle paths,
wilderness areas or other similar public land within the City which
is under the control, operation or management of the City park and
recreation authorities;
d. The property line of a lot zoned for residential use and devoted
to a residential use as defined in the zoning code; or
e. 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 that is classified in accordance with Section
605.665.
3. For the purpose of this Article, 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 pre-existing 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.
4. For purposes of Subsection
(3) of this Section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line without regard to intervening structures or objects from the closest exterior wall of the structure in which each business is located.
[Ord. No. 3605 §1, 11-15-2004]
A. Any
business lawfully operating on the effective date of this Article
that is in violation of the location or structural configuration requirements
of this Article shall be deemed a non-conforming use. 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 five hundred
(1,500) feet of one another and otherwise in a permissible location,
the sexually oriented business that was first established and continually
operated at a particular location is the conforming use and the later
established businesses is non-conforming.
B. A sexually
oriented business lawfully operating as a conforming use is not rendered
a non-conforming use by the location, subsequent to the grant or renewal
of the sexually oriented business license, of a church, synagogue
or regular place of religious worship, public or private elementary
or secondary school, licensed day care center, public park or residential
district within one thousand five hundred (1,500) feet of the sexually
oriented business. This provision applies only to the renewal of a
valid business license and does not apply when an application for
a business license is submitted after an operator's license has expired
or has been revoked.
[Ord. No. 3605 §1, 11-15-2004]
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 Article.
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. This 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 businesses, 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 Article shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually oriented business.
[Ord. No. 3605 §1, 11-15-2004]
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.
B. Primary
signs shall have no more than (2) display surfaces. Each such display
surface shall:
1. Not contain any flashing lights;
2. Be a flat plane, rectangular in shape;
3. Not exceed seventy-five (75) square feet in area; and
4. Not exceed ten (10) feet in height or ten (10) feet in length.
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:
1. Be a flat plane, rectangular in shape;
2. Not exceed twenty (20) square feet in area;
3. Not exceed five (5) feet in height and four (4) feet in width; and
4. Be affixed or attached to any wall or door of the enterprise.
F. The provisions of item (1) of Subsection
(B) and Subsections
(C) and
(D) shall also apply to secondary signs.
[Ord. No. 3605 §1, 11-15-2004]
No sexually oriented business, except for an adult motel and
a business that has a current/valid State liquor license, may remain
open at any time between the hours of 10:00 P.M. and 11:00 A.M. on
weekdays and Saturdays. No sexually oriented business shall open for
business or remain open for business on Sunday or any legal holiday
recognized by the State of Missouri.
[Ord. No. 3605 §1, 11-15-2004]
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
Article 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 Article 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.
[Ord. No. 3605 §1, 11-15-2004]
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 or other video reproduction 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
said diagram 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. The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager's station of the
entire area of the premises to which any patron is permitted access
for any purpose, excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two (2) or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of the entire
area of the premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's station.
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 at all times. No doors, walls, partitions, curtains, merchandise, display racks or other object(s) shall obstruct from view of the manager's station any portion of the premises to which patrons have access. 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 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. 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 (5.0) foot-candle
as measured at the floor level.
8. 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.
9. No viewing room or booth may be occupied by more than one (1) person
at any time.
10. No opening of any kind shall exist between viewing rooms or booths.
11. 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
no more than one (1) person at a time occupies viewing booths or rooms
and to ensure that no person attempts to make an opening of any kind
between the viewing booths or rooms.
12. The operator of the sexually oriented business shall 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.
B. A person having a duty under Subsections
(A)(1) through
(14) of this Section commits a violation of this Chapter if he/she, with knowledge, fails to fulfill that duty.
[Ord. No. 3605 §1, 11-15-2004; Ord. No. 3897 §1, 8-15-2011]
A. It
is a defense to prosecution under this Article 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.
3. In a structure:
a. Which has no sign visible from the exterior of the structure and
no other advertising that indicates a semi-nude person is available
for viewing; and
b. Where, in order to participate in a class, a student must enroll
at least three (3) days in advance of the class.
B. Notwithstanding
any other provision in this Article, movies rated "G", "PG", "PG-13"
or "R" by the Motion Picture Association of America (MPAA) or live
theatrical performances with serious artistic, social or political
value that depict or describe "specified anatomical areas" or "specified
sexual activities" are expressly exempted from regulation under this
Article.
[Ord. No. 3605 §1, 11-15-2004]
A person who operates or causes to be operated a sexually oriented business without a valid operator's license or in violation of Section
605.670 of this Article 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.