[Code 1999 §610.010; Ord. No. 509 §235.000, 6-25-1998]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five (5) or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of "specified sexual activities" or "specified anatomical
areas".
A "principal business activity" exists where
the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade.
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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". A principal business purpose need not be a primary use of
an establishment so long as it is a significant use based upon the
visible inventory or commercial activity of the establishment.
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A nightclub, bar, restaurant, or similar commercial establishment
that regularly features:
Persons who appear in a state of nudity or semi-nudity;
Live performances that are characterized by the exposure of
"specified sexual activities" or by "specified anatomical areas";
Films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas";
or
Persons who engage in erotic dancing or performances that are
intended for the sexual interests or titillation of an audience or
customers.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas" and
has a sign visible from the public right-of-way that advertises the
availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than twenty-four (24) hours.
A commercial establishment where films, motion pictures,
video cassettes, slides, or similar photographic reproductions, which
are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas are regularly shown
to more than five (5) persons for any form of consideration.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or semi-nudity, and/or live performances
that are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities".
The Chief Code Enforcement Officer and such employee(s) of
the Code Enforcement Department as he/she may designate to perform
the duties of the Director under this Chapter.
A person who is at least twenty-one (21) years of age and
who performs any service on the premises of a sexually oriented business
on a full-time, part-time, or contract basis, whether or not the person
is denominated an employee, independent contractor, agent, or otherwise,
and whether or not said person is paid a salary, wage, or other compensation
by the operator of said business. The term 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.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip, or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business; or
The additions of any sexually oriented business to any other
existing sexually oriented business.
A facility licensed by the State of Missouri, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than twelve (12) children 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.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft, or cleavage with less than a fully opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any part of the nipple or areola.
An individual, proprietorship, corporation, association,
or other legal entity.
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 610.030 of this Chapter.
A place where persons regularly appear in a state of semi-nudity
for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons. Such definition shall not apply to any place where
persons appearing in a state of semi-nudity do so in a modeling class
operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at such point, or the showing of the male or female buttocks.
Such definition includes the lower portion of the human female breast,
but shall not include any portion of the cleavage of the female breasts
exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing
apparel provided the areola is not exposed in whole or in part.
A business or commercial enterprise that, as one of its principal
purposes, purports to offer for any form of consideration physical
contact in the form of wrestling or tumbling between two (2) or more
persons when one (1) or more of the persons is semi-nude.
An adult bookstore or adult video store, an adult cabaret,
an adult motion picture theater, a semi-nude model studio, or a sexual
encounter center.
Any of the following specified offenses for which less than
eight (8) years has elapsed since the date of conviction or the date
of release from confinement for the conviction, whichever is later:
Rape and sexual assault offenses;
Sexual offenses involving minors;
Offenses involving prostitution;
Obscenity offenses;
Offenses involving money laundering;
Offenses involving tax evasion;
Any attempt, solicitation, or conspiracy to commit one of the
offenses listed in paragraphs (1) to (6) of this definition; or
Any offense committed in another jurisdiction which if committed
in this State would have constituted an offense listed in paragraphs
(1) to (6) of this definition.
Any of the following:
At least thirty percent (30%) of the item or items so modified.
Of a sexually oriented business means and includes any of
the following:
The sale, lease, or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon death of the person
possessing the ownership or control.
[Code 1999 §610.020; Ord. No. 509 §235.010, 6-25-1998]
[Code 1999 §610.030; Ord. No. 509 §235.020, 6-25-1998]
A.
It shall
be unlawful:
1.
For
any person to operate a sexually oriented business without a valid
sexually oriented business license issued by the Director pursuant
to this Chapter.
2.
For
any person who operates a sexually oriented business to employ a person
to work and/or perform services on the premises of the sexually oriented
business, if such employee is not in possession of a valid sexually
oriented business employee license issued to such employee by the
Director pursuant to this Chapter.
3.
For
any person to obtain employment with a sexually oriented business
if such person is not in possession of a valid sexually oriented business
employee license issued to such person by the Director pursuant to
this Chapter.
B.
An application
for a sexually oriented business license must be made on a form provided
by the City. The application must be accompanied by a sketch or a
diagram showing the configuration of the premises, including a statement
of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six (6) inches. Prior to issuance
of a license, the premises must be inspected by the Health Department,
Fire Department, Building Department, and Zoning Department.
C.
An application
for a sexually oriented business employee license must be made on
a form provided by the City.
D.
All applicants
for a license must be qualified according to the provisions of this
Chapter. The application may request, and the applicant shall provide,
such information (including fingerprints) as to enable the City to
determine whether the applicant meets the qualifications established
under this Chapter. The applicant has an affirmative duty to supplement
an application with new information received subsequent to the date
the application was deemed completed.
E.
If a
person who wishes to own/operate a sexually oriented business is an
individual, he/she must sign the application for a business license
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a ten
percent (10%) or greater interest in the business must sign the application
for a business license as applicant. If a corporation is listed as
owner of a sexually oriented business or as the entity that wishes
to operate such a business, each individual having a ten percent (10%)
or greater interest in the corporation must sign the application for
a business license as applicant.
F.
Applications
for a business license, whether original or renewal, must be made
to the Director by the intended operator of the enterprise. Applications
must be submitted to the office of the Director or the Director's
designee during regular working hours. Application forms shall be
supplied by the Director. The following information shall be provided
on the application form:
1.
The
name, street address (and mailing address if different) of the applicant(s);
2.
A recent
photograph of the applicant(s);
3.
The
applicant's driver's license number, Social Security number, and/or
his/her State or Federally issued tax identification number;
4.
The
name under which the establishment is to be operated and a general
description of the services to be provided;
5.
Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 610.010, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
6.
Whether
the applicant, or a person residing with the applicant, has had a
previous license under this Chapter or other similar sexually oriented
business ordinance from another City or County denied, suspended or
revoked, including the name and location of the sexually oriented
business for which the business license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant is or has been
a partner in a partnership or an officer, director or principal stockholder
of a corporation that is or was licensed under a sexually oriented
business ordinance whose business license has previously been denied,
suspended or revoked; including the name and location of the sexually
oriented business for which the business license was denied, suspended
or revoked as well as the date of denial, suspension or revocation;
7.
Whether
the applicant, or a person residing with the applicant, holds any
other licenses under this Chapter or other similar sexually oriented
business ordinance from another City or County and, if so, the names
and location of such other licensed businesses;
8.
The single classification of license, as found in Section 610.020, for which the applicant is filing;
9.
The
telephone number of the establishment;
10.
The
address and legal description of the tract of land on which the establishment
is to be located;
11.
If
the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought,
and the date on which the establishment began operations as a sexually
oriented business at the location for which the business license is
sought;
12.
If
the establishment is not in operation, the expected start up date
(which shall be expressed in number of days from the date of issuance
of the business license). If the expected start up date is to be more
than ten (10) days following the date of issuance of the business
license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement
of the owner's time schedule and plan for accomplishing the same;
13.
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises in a viewing room or booth of less than one hundred fifty (150) square feet of floor space films, video cassettes, other video reproductions, or live entertainment which depict "specified sexual activities" or "specified anatomical areas", then the applicant shall comply with the application requirement as set forth in Section 610.180 hereunder.
G.
Each
application for a business license shall be accompanied by the following:
1.
Payment
of the application fee in full;
2.
If the
establishment is a corporation, a certificate of good standing from
the State of incorporation (dated within thirty (30) days of the application
for license), a certified copy of the articles of incorporation, together
with all amendments thereto;
3.
If the
establishment is a foreign corporation, a certified copy of the certificate
of authority to transact business in this State, together with all
amendments thereto;
4.
If the
establishment is a limited partnership, a certified copy of the certificate
of limited partnership, together with all amendments thereto;
5.
If the
establishment is a foreign limited partnership, a certified copy of
the certificate of limited partnership and the qualification documents,
together with all amendments thereto;
6.
Proof
of the current fee ownership of the tract of land on which the establishment
is to be situated in the form of a copy of the recorded deed;
7.
If the
person identified as the fee owner(s) of the tract of land in item
(6) above are not also the owners of the establishment, then the lease,
purchase contract, purchase option contract, lease option contract
or other documents evidencing the legally enforceable right of the
owners or proposed owners of the establishment to have or obtain the
use and possession of the tract or portion thereof that is to be used
for the establishment for the purpose of the operation of the establishment;
8.
A current
certificate and straight-line drawing prepared within thirty (30)
days prior to application by a registered land surveyor depicting
the property lines and the structures containing any sexually oriented
businesses within one thousand (1,000) feet of the property to be
certified; the property lines of any established religious institution/synagogue,
school, public park or recreation area, or family-oriented entertainment
business within one thousand five hundred (1,500) feet of the property
to be certified. For the purposes of this Section, a use shall be
considered existing or established if it is in existence at the time
an application is submitted;
9.
Any
items (2) through (8) above shall not be required for a renewal application
if the applicant states that the documents previously furnished the
Director with the original application or previous renewals thereof
remain correct and current.
H.
Applications
for an employee license to work and/or perform services in a sexually
oriented business, whether original or renewal, must be made to the
Director by the person to whom the employee license shall issue. Each
application for an employee license shall be accompanied by payment
of the application fee in full. Application forms shall be supplied
by the Director. Applications must be submitted to the office of the
Director or the Director's designee during regular working hours.
Each applicant shall be required to give the following information
on the application form:
1.
The
applicant's given name, and any other names by which the applicant
is or has been known, including "stage" names and/or aliases;
2.
Age,
and date and place of birth;
3.
Height,
weight, hair color, and eye color;
4.
Present
residence address and telephone number;
5.
Present
business address and telephone number;
6.
Date,
issuing State, and number of photo driver's license, or other State
issued identification card information;
7.
Social
Security number; and
8.
Proof
that the individual is at least eighteen (18) years of age.
9.
Attached
to the application form for a license shall be the following:
a.
A
color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
b.
A
statement detailing the license history of the application for the
five (5) years immediately preceding the date of the filing of the
application, including whether such applicant, in this or any other
City, County, State, or country, has ever had any license, permit,
or authorization to do business denied, revoked, or suspended, or
had any professional or vocational license or permit denied, revoked,
or suspended. In the event of any such denial, revocation, or suspension,
State name(s) under which the license was sought and/or issued, the
name(s) of the issuing or denying jurisdiction, and describe in full
the reason(s) for the denial, revocation, or suspension. A copy of
any order of denial, revocation, or suspension shall be attached to
the application.
I.
Every
application for a license shall contain a statement under oath that:
J.
A separate application and business license shall be required for each sexually oriented business classification as set forth in Section 610.020.
K.
The fact
that a person possesses other types of State or City permits and/or
licenses does not exempt him/her from the requirement of obtaining
a sexually oriented business or employee license.
[Code 1999 §610.040; Ord. No. 509 §235.030, 6-25-1998]
A.
Upon
the filing of an application for a sexually oriented business employee
license, the Director shall issue a temporary license to said applicant.
The application shall then be referred to the appropriate City departments
for investigation to be made on the information contained in the application.
The application process shall be completed within thirty (30) days
from the date of the completed application. After the investigation,
the Director shall issue an employee license, unless it is determined
by a preponderance of the evidence that one (1) or more of the following
findings is true:
1.
The
applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
The
applicant is under the age of eighteen (18) years;
3.
The applicant has been convicted of a "specified criminal activity" as defined in Section 610.010 of this Chapter;
4.
The
sexually oriented business employee license is to be used for employment
in a business prohibited by a local or State law, Statute, rule, or
regulation, or prohibited by a particular provision of this Chapter;
or
5.
The
applicant has had a sexually oriented business employee license revoked
by the City within two (2) years of the date of the current application.
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If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this Subsection shall be subject to appeal as set forth in Subsection (I) of this Section.
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B.
A license issued pursuant to Subsection (A) of this Section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The employee shall keep the license on his/her person at all times while engaged in employment or performing services on the sexually oriented business premises so that said license may be available for inspection upon lawful request.
C.
A license issued pursuant to Subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 610.050.
D.
If application
is made for a sexually oriented business license, the Director shall
approve or deny issuance of the license to an applicant unless it
is determined by a preponderance of the evidence that one (1) or more
of the following findings is true:
1.
An application
has failed to provide the information reasonably necessary for issuance
of the license or has falsely answered a question or request for information
on the application form;
2.
An applicant
is under the age of eighteen (18) years;
3.
An applicant
or a person with whom the applicant is residing has been denied a
license by the City to operate a sexually oriented business within
the preceding twelve (12) months, or whose license to operate a sexually
oriented business has been revoked within the preceding twelve (12)
months;
4.
An applicant
or a person with whom the applicant is residing is overdue in payment
to City taxes, fees, fines, or penalties assessed against or imposed
upon him/her in relation to any business;
5.
An applicant or a person with whom the applicant is residing has been convicted of a "specified criminal activity" as defined in Section 610.010;
6.
The
premises to be used for the sexually oriented business have not been
approved by the Health Department, Fire Department, and the Building
Department as being in compliance with applicable laws and ordinances;
7.
The
license fee required under this Chapter has not been paid;
8.
An applicant
of the proposed establishment is in violation of or is not in compliance
with one (1) or more of the provisions of this Chapter.
E.
A license issued pursuant to Subsection (D) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the Section 610.020 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
F.
The Health
Department, Fire 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 Director. The certification shall be promptly presented
to the Director.
G.
A sexually oriented business license shall issue for only one (1) classification as set forth in Section 610.020.
H.
In the
event that the Director determines that an applicant is not eligible
for a license, the applicant shall be given notice in writing of the
reasons for the denial within forty-five (45) days of the receipt
of the completed application by the Director, provided that the applicant
may request, in writing at any time before the notice is issued, that
such period be extended for an additional period of not more than
ten (10) days in order to make modifications necessary to comply with
this Chapter.
I.
An applicant may appeal the decision of the Director regarding a denial to the Board of Aldermen by filing a written notice of appeal with the City Clerk within fifteen (15) days after service of notice upon the applicant of the Director'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 Director may, within fifteen (15) days of service upon him/her of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the Board of Aldermen. After reviewing such memoranda, as well as the Director's written decision, if any, and exhibits submitted to the Director, the Board of Aldermen shall vote to either uphold or overrule the Director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date in which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the Director's decision during the pendency of the appeal. Judicial review of a denial by the Director and Board of Aldermen may be made pursuant to Section 610.100 of this Chapter.
J.
A license issued pursuant to Subsection (D) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 610.050.
[Code 1999 §610.050; Ord. No. 509 §235.040, 6-25-1998]
The annual fees 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.
[Code 1999 §610.060; Ord. No. 509 §235.050, 6-25-1998]
A.
An applicant
or licensee shall permit representatives of the Police Department,
Code Enforcement Department, Health Department, Fire Department, Building
Department, or other City or State departments or agencies to inspect
the premises of a sexually oriented business for the purpose of insuring
compliance with the law, at any time it is open for business.
B.
A person
who operates a sexually oriented business or his/her agent or employee
commits an ordinance violation if he/she refuses to promptly permit
such lawful inspection of the premises.
[Code 1999 §610.070; Ord. No. 509 §235.060, 6-25-1998]
A.
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 610.030. Application for renewal should be made at least thirty (30) days before the expiration date; when made less than forty-five (45) days before the expiration date, the expiration of the license will not be affected.
B.
When
the Director denies renewal of a license, the applicant shall not
be issued a license for one (1) year from the date of denial.
[Code 1999 §610.080; Ord. No. 509 §235.070, 6-25-1998]
A.
The Director
shall suspend a license for a period not to exceed thirty (30) days
if he/she determines that licensee or an employee of licensee has:
1.
Violated
or is not in compliance with any Section of this Chapter;
2.
Operated
or performed services in a sexually oriented business while intoxicated
by the use of alcoholic beverages or controlled substances;
3.
Refused
to allow prompt inspection of the sexually oriented business premises
as authorized by this Chapter;
4.
With
knowledge, permitted gambling by any person on the sexually oriented
business premises.
[Code 1999 §610.090; Ord. No. 509 §235.080, 6-25-1998]
A.
The Director shall revoke a license if a cause of suspension in Section 610.080 occurs and the license has been suspended within the preceding twelve (12) months.
B.
The Director
shall revoke a license if he/she determines that:
1.
A licensee
gave false or misleading information in the material submitted during
the application process;
2.
A licensee
or a person with whom the licensee is residing was convicted of a
"specified criminal activity" on a charge that was pending prior to
the issuance of the license;
3.
A licensee
has, with knowledge, permitted the possession, use, or sale of controlled
substances on the premises;
4.
A licensee
has, with knowledge, permitted the sale, use, or consumption of alcoholic
beverages on the premises;
5.
A licensee
has, with knowledge, permitted prostitution on the premises;
6.
A licensee
has, with knowledge, operated the sexually oriented business during
a period of time when the licensee's license was suspended;
7.
A licensee
has, with knowledge, permitted any act of sexual intercourse, sodomy,
oral copulation, masturbation, or other sexual conduct to occur in
or on the licensed premises;
8.
A licensee
is delinquent in payment to the City or State for any taxes or fees;
9.
A licensee
has, with knowledge, permitted a person under eighteen (18) years
of age to enter the establishment; or
10.
A
licensee has attempted to sell his/her business license, or has sold,
assigned, or transferred ownership or control of the sexually oriented
business to a non-licensee.
C.
When
the Director revokes a license, the revocation shall continue for
one (1) year, and the licensee shall not be issued a sexually oriented
business license for one (1) year from the date revocation became
effective.
[Code 1999 §610.100; Ord. No. 509 §235.090, 6-25-1998]
After denial of an initial or renewal application by the Director
and the Board of Aldermen, or suspension or revocation of a license
by the Director, the applicant or licensee may seek prompt judicial
review of such administrative action in any court of competent jurisdiction.
The administrative action shall be promptly reviewed by the court.
[Code 1999 §610.110; Ord. No. 509 §235.100, 6-25-1998]
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
[Code 1999 §610.120; Ord. No. 509 §235.110, 6-25-1998]
A.
Sexually
oriented businesses shall be permitted in any commercial district
provided that:
1.
The
sexually oriented business may not be operated within:
a.
One
thousand five hundred (1,500) feet of a church, synagogue or regular
place of religious worship;
b.
One
thousand five hundred (1,500) feet of a public or private elementary
or secondary school;
c.
One
thousand five hundred (1,500) feet of a boundary of any residential
district;
d.
One
thousand five hundred (1,500) feet of a public park;
e.
One
thousand five hundred (1,500) feet of a licensed day care center;
f.
One
thousand five hundred (1,500) feet of an entertainment business that
is oriented primarily towards children or family entertainment; or
g.
One
thousand (1,000) feet of another sexually oriented business.
2.
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business classified pursuant to Section 610.020.
3.
For
the purpose of this Chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted to the nearest
property line of the premises of a church, synagogue, regular place
of worship, or public or private elementary or secondary school or
to the nearest boundary of an affected public park, residential district,
or residential lot, or licensed day care center, or child or family
entertainment business.
[Code 1999 §610.130; Ord. No. 509 §235.120, 6-25-1998]
A.
Any business
lawfully operating on the effective date of this Chapter that is in
violation of the locational or structural configuration requirements
of this Chapter shall be deemed a non-conforming use. The non-conforming
use will be permitted to continue for a period not to exceed two (2)
years, unless sooner terminated for any reason voluntarily or discontinued
for a period of thirty (30) days or more. Such non-conforming uses
shall not be increased, enlarged, extended or altered except that
the use may be changed to a conforming use. If two (2) or more sexually
oriented businesses are within one thousand (1,000) feet of one another
and otherwise in a permissible location, the sexually oriented business
that was first (1st) established and continually operated at a particular
location is the conforming use and the later-established business(es)
is non-conforming.
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 a regular place of religious worship, public or private elementary
or secondary school, licensed day care center, public park, residential
district, or child or family entertainment business 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 a business license has expired or has been revoked.
[Code 1999 §610.140; Ord. No. 509 §235.140, 6-25-1998]
A.
Evidence
that a sleeping room in a hotel, motel, or similar commercial enterprise
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the enterprise is an adult motel as that term is defined in this
Chapter.
B.
It is
unlawful if a person, as the person in control of a sleeping room
in a hotel, motel, or similar commercial enterprise that does not
have a sexually oriented business license, rents or subrents a sleeping
room to a person and, within ten (10) hours from the time the room
is rented, he/she rents or subrents the same sleeping room again.
[Code 1999 §610.150; Ord. No. 509 §235.150, 6-25-1998]
A.
An escort
agency shall not employ any person under the age of eighteen (18)
years.
B.
A person
commits an offense if the person acts as an escort or agrees to act
as an escort for any person under the age of eighteen (18) years.
C.
Violation
of this Section shall constitute an ordinance violation.
[Code 1999 §610.160; Ord. No. 509 §235.160, 6-25-1998]
A.
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
B.
A person
under the age of eighteen (18) years commits an ordinance violation
if the person appears semi-nude or in a state of nudity in or on the
premises of a nude model studio. It is a defense to prosecution under
this Subsection if the person under eighteen (18) years of age was
in a restroom not open to the public view or visible by any other
person.
C.
A person
commits an ordinance violation if the person appears in a state of
nudity or, with knowledge, allows another to appear in a state of
nudity in an area of a nude model studio premises which can be viewed
from the public right-of-way.
D.
A nude
model studio shall not place or permit a bed, sofa, or mattress in
any room on the premises, except that a sofa may be placed in a reception
room open to the public.
[Code 1999 §610.170; Ord. No. 509 §235.170, 6-25-1998]
A.
No person
shall, with knowledge and intent, appear in person in a state of nudity
in a sexually oriented business, or depict specified sexual activities
in a sexually oriented business.
B.
No person
shall, with knowledge and intent, appear in person in a semi-nude
condition in a sexually oriented business, unless the person is an
employee who, while semi-nude, is at least ten (10) feet from any
patron or customer and on a stage at least two (2) feet from the floor.
C.
No employee
shall, while semi-nude in a sexually oriented business, solicit any
pay or gratuity from any patron or customer, nor shall any patron
or customer pay or give any gratuity to any employee, while said employee
is semi-nude on the sexually oriented business.
D.
No employee
shall, while semi-nude, touch a patron or the clothing of a patron,
nor shall a patron touch a semi-nude employee or the clothing of a
semi-nude employee.
[Code 1999 §610.180; Ord. No. 509 §235.180, 6-25-1998]
A.
A person
who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing
room of less than one hundred fifty (150) square feet of floor space
a film, video cassette, other video reproduction, or live performance
that depicts specified sexual activities or specified anatomical areas
shall comply with the following requirements:
1.
Upon
application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more operator's stations and
the location of all overhead lighting fixtures and designing any portion
of the premises in which patrons will not be permitted. An operator'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 Director may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
2.
The
application shall be sworn to be true and correct by the applicant.
3.
No alteration
in the configuration or location of an operator's station may be made
without the prior approval of the Director 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 operator'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 an operator'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 operator'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 operator's stations. The view
required in this Subsection must be by direct line of sight from the
operator's station.
6.
It shall be the duty of the operator, and it shall also be the duty of any agents or employees present in the premises, to ensure that the view area specified in Subsection (A)(5) of this Section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to Subsection (A)(1) of this Section.
7.
No viewing
room may be occupied by more than one (1) person at any time.
8.
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than five (5) foot-candle as
measured at the floor level.
9.
It shall
be the duty of the operator, and it shall be the duty of any agents
and employees present in the premises, to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
10.
No
licensee shall allow an opening of any kind to exist between viewing
rooms or booths.
11.
No
person shall make any attempt to make an opening of any kind between
viewing rooms or booths.
12.
The
operator of the sexually oriented business shall, during each business
day, inspect the walls between the viewing booths to determine if
any openings or holes exist.
13.
The
operator of the sexually oriented business shall cause all floor coverings
in viewing booths to be non-porous, easily cleanable surfaces, with
no rugs or carpeting.
14.
The
operator of the sexually oriented business shall cause all 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.
[Code 1999 §610.190; Ord. No. 509 §235.190, 6-25-1998]
A.
It shall
be unlawful for an owner or operator of a sexually oriented business
to allow the merchandise or activities of the establishment to be
visible from a point outside the establishment.
B.
It shall
be unlawful for the owner or operator of a sexually oriented business
to allow the exterior portion of the sexually oriented business to
have flashing lights, or any words, lettering, photographs, silhouettes,
drawings, or pictorial representations of any manner except to the
extent permitted by the provision of this Chapter.
C.
It shall
be unlawful for the owner or operator of a sexually oriented business
to allow exterior portions of the establishment to be painted any
color other than a single achromatic color. 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 business, are painted
the same color as one another or are painted in such a way as to be
a component of the overall architectural style or pattern of the commercial
multi-unit center.
D.
Nothing
in this Section shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually oriented business.
E.
A violation
of any provision of this Section shall constitute an ordinance violation.
[Code 1999 §610.200; Ord. No. 509 §235.200, 6-25-1998]
A.
Notwithstanding
any other City ordinance, code, or regulation to the contrary, it
shall be unlawful for the operator of any sexually oriented business
or any other person to erect, construct, or maintain any sign for
the sexually oriented business other than the one (1) primary sign
and one (1) secondary sign as provided herein.
C.
Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner, and may contain only the name of the
enterprise.
D.
Each
letter forming a word on a primary sign shall be of solid color, and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E.
Secondary
signs shall have only one (1) display surface. Such display surface
shall:
G.
Violation
of any provisions of this Section shall constitute an ordinance violation.
[Code 1999 §610.210; Ord. No. 509 §235.210, 6-25-1998]
[Code 1999 §610.220; Ord. No. 509 §235.220, 6-25-1998]
A.
It shall
be unlawful to allow a person who is younger than eighteen (18) years
of age to enter or be on the premises of a sexually oriented business
at any time the sexually oriented business is open for business.
B.
It shall
be the duty of the operator of each sexually oriented business to
ensure that an attendant is stationed at each public entrance to the
sexually oriented business at all times during such sexually oriented
business' regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of eighteen (18) unless such attendant
asked for and was furnished:
1.
A valid
operator's, commercial operator's, or chauffeur's driver's license.
C.
Violation
of this Section shall constitute an ordinance violation.
[Code 1999 §610.230; Ord. No. 509 §235.230, 6-25-1998]
It shall be unlawful for any sexually oriented business, regardless
of whether in a public or private facility, to operate as a massage
salon, massage parlor or any similar type business where any physical
contact with the recipient of such service is provided by a person
of the opposite sex. Violation of this Section shall constitute an
ordinance violation.
[Code 1999 §610.240; Ord. No. 509 §235.240, 6-25-1998]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 12:00 Midnight and 8:00
A.M. on weekdays and Saturdays and 1:00 A.M. and 12:00 P.M. on Sundays.
[Code 1999 §610.250; Ord. No. 509 §235.250, 6-25-1998]
A.
It is
a defense to prosecution under this Chapter that a person appearing
in a state of nudity did so in a modeling class operated:
1.
By a
proprietary school licensed by the State of Missouri, a college, junior
college, or university supported entirely or partly by taxation;
2.
By a
private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation.
[Code 1999 §610.260; Ord. No. 509 §235.260, 6-25-1998]
A.
Any notice
required or permitted to be given by the Director or any other City
Officer, division, department or other agency under this Chapter to
any applicant, operator or owner of a sexually oriented business may
be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license,
or any notice of address change that has been received by the Director.
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 Director 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 Director by any person under
this Chapter shall not be deemed given until and unless it is received
in the office of the Director.
C.
It shall
be the duty of each owner who is designated on the license application
and each operator to furnish notice to the Director in writing of
any change of residence or mailing address.
[Code 1999 §610.270; Ord. No. 509 §235.270, 6-25-1998]
A person who operates or causes to be operated a sexually oriented business without a valid business license or in violation of Section 610.120 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.
[Code 1999 §610.280; Ord. No. 509 §235.290, 6-25-1998]
Violation of any provision of this Chapter is punishable pursuant to the Section 100.220 of this Code.
