[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.
Any business enterprise:
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
That has one (1) of the following as a primary business purpose:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
The providing of non-medical services related to specified sexual
activities or specified anatomical areas.
The definition of "adult business" also includes,
but is not limited to, any and all of the following as defined herein:
Any of the following businesses offering goods for sale or rent:
ADULT BOOKSTOREAn 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.
ADULT MEDIA OUTLETAn 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.
ADULT NEWSRACKAny 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.
ADULT NEWSSTANDA 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.
ADULT RETAIL ESTABLISHMENTSAn 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.
Any of the following businesses providing entertainment:
ADULT ARCADEAn 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.
ADULT ENCOUNTER PARLORAn 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.
ADULT ENTERTAINMENT BUSINESSAny enterprise providing adult entertainment to which the public, patrons or members are invited or admitted.
ADULT ENTERTAINMENT CABARETAn 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.
ADULT ENTERTAINMENT STUDIO (includes the terms RAP STUDIO, EXOTIC DANCE STUDIO, SENSITIVITY STUDIO OR ENCOUNTER STUDIO)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.
ADULT MOTION PICTURE THEATERAn 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.
ADULT THEATERAn 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.
BODY PAINTING STUDIOAn 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.
NUDE MODELING AGENCYAn 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.
Any of the following businesses that provide services:
ADULT MOTELAn 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.
BATHHOUSEAn enterprise in which the business is offering baths with other persons present who are nude or displaying specified anatomical areas.
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.
Any person who:
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
Enters an adult business and purchases, rents or otherwise partakes
of any merchandise, goods, entertainment or other services offered
therein; or
Is a member of or is on the premises of an adult business operating
as a private club.
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.
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.
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.
Any person owning, operating, conducting or maintaining an
adult business
Any area generally visible to public view including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
Any person who serves food or drink at an adult business.
Less than completely and opaquely covered:
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:
[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.
[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:
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THIS ADULT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF
STRAFFORD, MISSOURI
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ENTERTAINERS ARE:
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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.
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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.
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CUSTOMERS ARE:
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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.
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Separate dressing rooms for men and women shall be maintained
on the premises.
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[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.
