[Ord. No. 1071-04-9 §1, 9-16-2004]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any adult bookstore or theater and any adult entertainment
business.
An establishment which, as a regular and substantial business
purpose, offers for sale, rent or viewing of books, magazines, periodicals
or other printed material, photographs, slides, films, CD ROMs, DVDs
or videotapes which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to sexual activities.
Any live or video exhibition, performance, display, movie,
show, play or dance of any type where such exhibition, performance,
display, movie, show, play or dance is intended to seek to arouse
or excite the sexual desires of the viewer.
Any enterprise to which the public, patrons or members are
invited or admitted and where providing "adult entertainment", as
defined herein, is a portion of its business.
Any individual who may be described as, but not limited to,
the following: A customer, client, guest, member, observer or private
club member while on the premises of an adult business.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A.
It is
unlawful for any person, firm or corporation to operate or maintain
an adult business in the City of Palmyra unless the owner, operator
or lessee thereof has obtained an adult business license from the
City.
B.
It is
unlawful for any employee, manager, operator or owner to knowingly
perform any work, service or entertainment directly related to the
operation of an unlicensed adult business.
C.
It shall
be prima facie evidence that any adult business that fails to have
posted an adult business license has not obtained such a license.
In addition, it shall be prima facie evidence that any employee, manager,
operator or owner who performs any business, service or entertainment
in an adult business, in which an adult business license is not posted,
has knowledge that such business was not licensed.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A.
The license
year for all fees shall be from January first (1st) through December
thirty-first (31st). The application for a license shall be accompanied
by payment in full of the fee stated in this Section by certified
or cashier's check or money order; and no application shall be considered
complete until such fee is paid.
B.
All licenses
shall be issued for a specific location and shall be non-refundable
and non-transferable.
C.
The fee
for any new or renewal adult business license shall be five hundred
dollars ($500.00) per year.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A.
Adult Business License. All persons desiring to secure a
license to operate an adult business under the provisions of this
Chapter shall make a notarized application with the Building Inspector.
All applications shall be submitted in the name of the person proposing
to conduct or operate the adult business. All new or renewal applications
shall be submitted in writing and shall contain the following information:
1.
The
name, residence address, home telephone number, occupation, date and
place of birth and social security number of the applicant.
2.
The
name of the adult business, a description of the type of business
to be performed on the licensed premises, and the name of the owner
of the premises where the adult business will be located.
3.
The
names, residence addresses, social security numbers and dates of births
of all partners, if the applicant is a partnership; and if the applicant
is a corporation, the same information for all corporate officers
and directors and stockholders who own ten percent (10%) or greater
interest in the corporation.
4.
If the
applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
5.
A statement
signed under oath that the applicant has personal knowledge of the
information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult businesses.
B.
An application
for an adult business license may be denied if the applicant fails
to supply all the information requested on the application or if the
applicant gives materially false, fraudulent or untruthful information
on the application.
C.
The Building
Inspector may require applicant to submit additional information to
verify that the proposed adult business will meet the standards of
the applicable health, zoning, building code, fire and property maintenance
ordinances of the City.
D.
Upon
receipt of an application in proper form and receipt of the proper
fee, the Building Inspector shall process the application.
E.
It shall be the duty of the Building Inspector to investigate such application to determine whether the information contained in the application is accurate. It shall further be the duty of the Building Inspector to determine whether the structure where the adult business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Building Inspector shall complete the investigation within thirty (30) working days from the date the application is received. The Building Inspector shall upon completion of such investigation either issue the license or deny the license if the application fails to conform with the requirements of Chapter 630. If the license is denied, the Building Inspector shall specify the reason the license is denied.
F.
The Mayor
may designate a City employee to act in place of the Building Inspector
with regard to an application for an adult business license if the
Building Inspector is absent or unavailable. Any employee so designated
by the Mayor shall have the same authority and responsibility as the
Building Inspector with regard to an application for an adult business
license.
[Ord. No. 1071-04-9 §1, 9-16-2004]
No adult business shall have more than one (1) exterior sign
on its premises containing advertising. Any exterior sign containing
advertising shall be securely attached to an exterior wall of the
building with a maximum area of fifty (50) square feet.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A.
No person
may operate an adult business if one (1) or more of the following
conditions exist:
1.
The
adult business premises is located within one thousand (1,000) feet
of any school, church, public park, licensed child care center or
licensed child care home. Measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest point on the property line of the adult business to the nearest
point on the property line of such school, church, public park, licensed
day care center or licensed child care home.
2.
The
adult business premises is located within one thousand (1,000) feet
of any other adult business for which there is a license issued. Measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the adult
business to the nearest point on the property line of such other adult
business.
3.
The
adult business premises is located within one thousand (1,000) feet
of any property zoned "R-1" Single and Two-Family District; "R-2"
Mobile Home District; "R-3" Multi-Family District. Measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the adult
business to the nearest point on the property line of the residentially
zoned property.
4.
The
business premises does not comply with or meet the requirements of
the applicable health, zoning, building code, fire and property maintenance
ordinances of the City.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A.
The following
standards of conduct shall be adhered to by all adult businesses,
their employees and all managers, servers and entertainers and patrons
of adult businesses, while on or about the premises of the business,
whether licensed or not:
1.
Only
persons eighteen (18) years of age or older shall be permitted on
the premises of any adult business.
2.
No adult
business will be conducted in any manner that permits the observation
or display of employees, performers, entertainers or products from
any exterior source including, but not limited to, by display, decoration,
sign or window.
3.
No owner,
operator, manager or other person in charge of the premises of an
adult business shall:
a.
Knowingly
permit alcoholic beverages to be brought upon, sold or consumed on
the premises.
b.
Knowingly
allow or permit the sale, distribution, delivery or consumption of
any controlled substance or illegal drug or narcotic on the premises.
c.
Knowingly
allow or permit any person under the age of eighteen (18) years of
age to be in or upon the premises.
d.
Knowingly
allow or permit any act of prostitution or patronizing prostitution
on the premises.
e.
Knowingly
allow or permit a violation of this Chapter or any other City ordinance
provision or State law.
[Ord. No. 1071-04-9 §1, 9-16-2004]
No adult business may be open or in use between the hours of
1:30 A.M. and 9:00 A.M. on weekdays and Saturdays and between the
hours of 1:30 A.M. on Sunday and 9:00 A.M. on Monday.
[Ord. No. 1071-04-9 §1, 9-16-2004]
Every person, corporation, partnership or association licensed
under this Chapter as an adult business shall post such license in
a conspicuous place and manner on the adult business premises.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A manager shall be on duty at any adult business at all times
the premises is open for business. The name of the manager on duty
shall be prominently posted during business hours.
[Ord. No. 1071-04-9 §1, 9-16-2004]
All adult businesses shall permit City Officials acting in their
official capacity to inspect the premises as necessary to insure the
business is complying with all applicable regulations and laws.
[Ord. No. 1071-04-9 §1, 9-16-2004]
A.
Licenses
shall expire on December thirty-first (31st) of each calendar year
and renewal applications for such licenses shall be submitted prior
to December first (1st) to ensure processing by January first (1st).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
C.
If the
application for renewal of a license is not made during the time provided
in this Section, the expiration of such license shall not be affected,
and a new application shall be required.
[Ord. No. 1071-04-9 §1, 9-16-2004]
Any person, firm or corporation who shall violate the provisions of Chapter 630 shall, upon conviction, be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00) for each offense. Each day of violation shall be considered as a separate offense.
