City of Strafford, MO
Greene County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 401-99 §1, 9-20-1999]
The following definitions shall apply to this Chapter; the terms set out in italics are further defined below.
ADULT BUSINESS
Any business enterprise:
1. 
That has as a primary business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or relating to a specified sexual activities or specified anatomical areas; or
2. 
That has one (1) of the following as a primary business purpose:
a. 
The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
b. 
The providing of non-medical services related to specified sexual activities or specified anatomical areas.
3. 
The definition of "adult business" also includes, but is not limited to, any and all of the following as defined herein:
a. 
Any of the following businesses offering goods for sale or rent:
(1) 
An establishment which, as a primary business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films, videotapes or any form of visual representation which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(2) 
An establishment that has as a primary business purpose the rental, sale or offering for viewing off the premises or other use of any adult media.
(3) 
Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(4) 
A freestanding structure, vehicle or booth which, as a primary business purpose, offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(5) 
An establishment which, as a primary business purpose, offers for sale or rent any one (1) or more of the following: instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore defined herein.
b. 
Any of the following businesses providing entertainment:
(1) 
An establishment or that part of a establishment which regularly features or otherwise offers to customers, in a viewing area which is designed for occupancy by no more than one (1) person, any live, filmed or videotaped exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area or by specified sexual activities or who otherwise appear in such attire, costume or clothing so as to expose to view specified anatomical areas.
(2) 
An establishment in which the business is the provision of premises where customers congregate, associate or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.
(3) 
Any enterprise providing adult entertainment to which the public, patrons or members are invited or admitted.
(4) 
An establishment in which the business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers or live performances or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas.
(5) 
An establishment whose premises is physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises and in which the business is providing entertainment which features materials or live performances characterized by an emphasis on or relating to specified sexual activities or the exhibition of specified anatomical areas.
(6) 
An establishment containing a room with seats facing a screen or projection areas where the business is the exhibition to customers of films, videotapes, slides or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(7) 
An establishment located in an enclosed building where the business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas or live performers for observation by customers and patrons.
(8) 
An establishment in which the business is the maintaining, operating or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displayed for the customers' view of specified anatomical areas.
(9) 
An establishment in the business of offering for compensation the viewing of the human body when the subject's body is displayed for the customers' view of specified anatomical areas.
c. 
Any of the following businesses that provide services:
(1) 
An enterprise in which the business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas or rents or subrents room accommodations for less than six (6) hours at a time.
(2) 
An enterprise in which the business is offering baths with other persons present who are nude or displaying specified anatomical areas.
ADULT ENTERTAINMENT
Any live exhibition, performance or dance characterized by the exposure of any specified anatomical area even if covered by translucent clothing, or by specified sexual activities, or by appearance of persons in attire, costume or clothing so as to emphasize or expose, even through opaque clothing, the view to specified anatomical areas.
CUSTOMER
Any person who:
1. 
Is allowed to enter an adult business in return for the payment of an admission fee or any other form of consideration or gratuity; or
2. 
Enters an adult business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. 
Is a member of or is on the premises of an adult business operating as a private club.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services whatsoever directly related to the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult business as defined in this Section, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult business.
OPERATOR
Any person owning, operating, conducting or maintaining an adult business
PRIMARY BUSINESS PURPOSE
1. 
Fifty percent (50%) or more of the gross floor space is devoted to that purpose; or
2. 
Fifty percent (50%) or more of the retail floor space is devoted to that purpose; or
3. 
Fifty percent (50%) or more of the sales of the business are derived from that purpose.
PUBLIC PLACE
Any area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult business.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
1. 
Human genitals, pubic region or pubic hair; or
2. 
Buttock; or
3. 
Female breast or breasts below a point immediately above the top of the areola; or
4. 
Any combination of the foregoing; or
5. 
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Actual or simulated acts of masturbation, sexual intercourse, physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of actual or apparent sexual stimulation or gratification, any actual or simulated acts of sadomasochistic abuse, or the use of animals or inanimate objects in acts of actual or apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.
[Ord. No. 401-99 §2, 9-20-1999]
A. 
It shall be unlawful for any entertainer or employee to fondle, caress or touch any customer or other entertainer or employee in any manner in or on a specified anatomical area or for any customer to fondle, caress or touch any entertainer or employee or other customer in any manner in or on a specified anatomical area, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
B. 
It shall be unlawful for any entertainer to perform at a distance of less than ten (10) feet from customers or to touch any customer while performing.
C. 
It shall be unlawful for any entertainer to perform on a stage that is not raised at least two (2) feet above the area on which the customer or customers sit or stand.
D. 
It shall be unlawful for any customer to tip, pay, give a gratuity or other thing of value to any entertainer or to someone else in his/her behalf; and it shall be unlawful for any entertainer to solicit or accept from a customer in any manner any tip, payment, gratuity or other thing of value either directly or indirectly.
E. 
It shall be unlawful for an entertainer or employee to perform any specified sexual activities as defined herein, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices, animals or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
F. 
It shall be unlawful for an entertainer or employee to be visible from the exterior of the adult business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
G. 
It shall be unlawful to operate an adult business in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein from any exterior source by display, decoration, sign, show window or other opening.
[Ord. No. 401-99 §3, 9-20-1999]
A. 
It shall be unlawful for any person to operate or maintain an adult business within the City of Strafford until the owner of such business has applied to the office of the City Clerk for a license to operate such business and such license has been duly approved by the Board of Aldermen, or to operate such establishment after such license has been revoked or suspended by the City, or has expired as set forth in this Chapter.
B. 
It shall be unlawful for any adult business to allow a manager to work at or an entertainer to perform on premises within the City of Strafford until such manager or entertainer has applied to the office of the City Clerk for license and such license has been duly issued by the City Clerk, or to work at such business after such license has been revoked or suspended by the City, or has expired as set forth in this Chapter.
C. 
No licensed entertainer shall perform in any adult business which does not have a valid license as required by this Chapter.
D. 
Every owner, operator, manager, entertainer or other employee required to be licensed by this Chapter shall post a license in a conspicuous place on the licensed premises so it is readily available for inspection by City authorities responsible for enforcement of this Chapter, yet is not viewable from the public areas of the business.
[Ord. No. 401-99 §4, 9-20-1999]
A. 
An application for license for the operation of an adult business in the City shall be obtained from City Hall.
B. 
Each such application shall be submitted in the name of the person proposing to conduct or operate the adult business and shall be notarized. All applications shall contain the following information:
1. 
The business name, address and telephone number of the establishment, a description of the adult business to be performed on the premises, and the name or names of the owners of the premises on which the adult business will be located.
2. 
The name, residence address, home telephone number, occupation, date and place of birth and social security number of the applicant.
3. 
The names, residence addresses, social security numbers and dates of birth of all partners, if the applicant is a partnership; and if the applicant is a corporation or a limited liability company, the same information for all corporate officers, directors and stockholders and all limited liability company managers and members.
4. 
The addresses of the applicant, or of all partners, or of all corporate officers and directors, or of all limited liability company managers or members for the five (5) years immediately prior to the date of the application.
5. 
A description of the adult business or similar business history of the applicant, or of all partners, or of all corporate officers and directors, or of all limited liability company managers and members, whether any such person or entity, in previously operating in this or any other City, County or State, has had a business license revoked or suspended, the reason thereafter, and the activity or occupation subjected to such action, suspension or revocation.
6. 
A statement of each and every business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors, or of all limited liability company managers and members for the three (3) years immediately preceding the date of the application.
7. 
A statement from the applicant, or from each partner, or from each corporate officer and director, or from each limited liability company manager and member that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. 
A felony criminal act within five (5) years immediately preceding the application; or
b. 
A misdemeanor criminal act within five (5) years immediately preceding the application, where such misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code or the criminal code of the jurisdiction in which the offense was charged, or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.
The statement shall also indicate that no applicant, partner or corporate officer or director has been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation, within two (2) years immediately preceding the application, where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution, or the sale of controlled substances or illegal drugs or narcotics.
8. 
On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall provide for each person working on the premises a health certificate from a duly licensed Missouri physician stating that within ninety (90) days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease.
9. 
If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State.
10. 
A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter.
11. 
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The Board of Aldermen shall, within forty-five (45) days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the Board of Aldermen. If the application meets all the requirements as set forth in this Section, the Board of Aldermen may issue a license for operation of the adult business. Such license shall be issued until December thirty-first (31st) of the year in which such license is issued. All licenses issued under this Chapter are subject to the fee schedule in Section 605.020 of this Code and must be renewed annually in the same manner as provided above.
C. 
Such license shall not be issued if the applicant has been convicted of, released from confinement for conviction of, or diverted from prosecution on any of the offenses as set forth in Subsection (B)(7) of this Section.
D. 
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.
[Ord. No. 401-99 §5, 9-20-1999]
A. 
Licenses issued under this Chapter shall not be transferable either to any person, persons or other entities.
B. 
Any license issued under this Chapter may be suspended by the Deputy City Clerk and subject to possible revocation by the Board of Aldermen upon a showing in any Municipal or Circuit Court of probable cause leading to formal charges against the applicant, manager, operator, owner or part owner of the business so licensed for any misdemeanor or felony offense. The suspension shall be lifted upon dismissal of such charges, acquittal in a court of law, or, in the case of a manager, upon the installation of a new manager.
C. 
Any license issued under this Chapter may be revoked by the Board of Aldermen upon a showing:
1. 
Of violations of the standards of this Chapter.
2. 
Such license was obtained through false statements in the application for such license or renewal thereof.
3. 
The owner or operator, or any partner, or any corporate officer or director, or any other individual holding such a license has become disqualified from having such a license by a conviction as provided in Section 610.040 and/or Section 610.060 of this Chapter.
4. 
That the licensee failed to make a complete disclosure of all information in the application for such license or renewal thereof.
[Ord. No. 401-99 §6, 9-20-1999]
A. 
No adult business shall be located or situated at less distance than one thousand five hundred (1,500) feet from any property occupied by a public or private school, day care center, church or place of worship, hospital, public park or any property used for residential purposes. This distance shall be measured by a straight line from the nearest point on the property boundary of the tract occupied by the adult business to the nearest point on the property boundary of the tract occupied by one (1) of the aforementioned uses.
B. 
No adult business shall be located or situated at less distance than one thousand five hundred (1,500) feet from another adult business. This distance shall be measured by a straight line from the nearest points on the property boundaries of the tracts occupied by the adult business.
[Ord. No. 401-99 §7, 9-20-1999]
Owners or operators of an adult business shall maintain business records that include the names, addresses and ages of all entertainers and employees for a period of two (2) years. Said list or lists shall be made available to the City of Strafford Police Department upon request at any time.
[Ord. No. 401-99 §8, 9-20-1999]
A. 
An application for an adult business manager or entertainer license for work at an adult business in the City shall be obtained from the Deputy City Clerk.
B. 
Each such application shall be submitted in the name of the person proposing to be an adult business manager or entertainer and shall be notarized. All applications 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 business name, address and telephone number of the business where the applicant intends to work.
3. 
A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. 
A felony criminal act within five (5) years immediately preceding the application; or
b. 
A misdemeanor criminal act within five (5) years immediately preceding the application where such misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code or the criminal code of the jurisdiction in which the offense was charged, or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation, within two (2) years immediately preceding the application, where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution, or the sale of controlled substances or illegal drugs or narcotics.
4. 
Documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted.
5. 
A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter.
C. 
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Clerk shall then issue the license for the adult business manager or entertainer. Such license shall be issued until December thirty-first (31st) of the year in which such license is issued. All licenses issued under this Chapter are subject to the fee schedule in Section 610.040(D) of this Code and must be renewed annually in the same manner as provided above.
D. 
Such license shall not be issued if the applicant has been convicted of, released from confinement for conviction of, or diverted from prosecution on any of the crimes as set forth in Subsection (B)(3) of this Section.
[Ord. No. 401-99 §9, 9-20-1999]
A. 
A licensed adult business manager shall be on duty at any adult business at all times during which the premises are open for business. The name and license number of the manager on duty shall be prominently posted during business hours.
B. 
It shall be the responsibility of the manager on duty to verify that any person who provides adult entertainment within the premises possesses a current and valid adult entertainer"s license issued by the City of Strafford.
[Ord. No. 401-99 §10, 9-20-1999]
A. 
No adult business may be open or in use between the hours of 2:00 A.M. and 12:00 Noon.
B. 
Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult business.
C. 
The premises of all adult businesses shall be physically arranged in such a manner that the manager has a specific office area and that an unobstructed view of the entire premises including the entire interior portions of any booths, cubicles, rooms or stalls is maintained from the manager's office area. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever. Occupancy of all booths, cubicles, rooms or stalls shall be limited to not more than one (1) person.
D. 
All adult businesses shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, of which uppercase letters shall be at least two (2) inches high, and lowercase letters at least one (1) inch high, which shall read as follows:
THIS ADULT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF STRAFFORD, MISSOURI
ENTERTAINERS ARE:
Not permitted to engage in any type of sexual conduct or to fondle, caress or touch any employee, customer or other entertainer in any manner in or on the genitals, pubic region, buttock or female breasts or to permit any employee, customer or other entertainer to fondle, caress or touch in any manner the genitals, pubic region, buttock or female breasts of said entertainer.
Not permitted to solicit or receive from a customer in any manner any tip, payment, gratuity or other thing of value either directly or indirectly.
CUSTOMERS ARE:
Not permitted to fondle, caress or touch any entertainer, employee or other customer in any manner in or on the genitals, a pubic region, buttock or female breasts.
Separate dressing rooms for men and women shall be maintained on the premises.
[Ord. No. 401-99 §11, 9-20-1999]
Any adult business licensed under this Chapter shall comply with all other requirements of the Code of the City of Strafford as now or in the future may be adopted.
[Ord. No. 401-99 §12, 9-20-1999]
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.
[Ord. No. 401-99 §13, 9-20-1999]
Any violation of any part of this Chapter shall be deemed a misdemeanor and shall be subject to punishment of fines up to five hundred dollars ($500.00) and up to ninety (90) days in jail and every day such violation shall continue shall be considered a separate offense.