[R.O. 1991 § 640.010; Ord. No. 1013 § I, 1-23-2004]
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 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 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.
ADULT BOOKSTORE: 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.
ADULT MEDIA OUTLET: 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.
ADULT NEWSRACK: 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.
ADULT NEWSSTAND: 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.
Any of the following businesses providing
entertainment:
ADULT ENTERTAINMENT BUSINESSAny enterprise providing adult entertainment to which the public, patrons or members are invited or admitted.
ADULT MOTION PICTURE THEATER: 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.
ADULT THEATER: 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.
ADULT ENTERTAINMENT CABARET: 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.
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 ENCOUNTER PARLOR: 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.
BODY PAINTING STUDIO: 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.
ADULT ARCADE: An establishment or
that part of an 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 of 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.
NUDE MODELING AGENCY: 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.
Any of the following businesses that
provide services:
BATHHOUSEAn enterprise in which the business is offering baths with other persons present who are nude or displaying specified anatomical areas.
ADULT MOTEL: 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.
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
though 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.
[R.O. 1991 § 640.020; Ord. No. 1013 § I, 1-23-2004]
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 in a room
of at least six hundred (600) square feet.
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 or 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.
[R.O. 1991 § 640.030; Ord. No. 1013 § I, 1-23-2004]
A.
It shall be unlawful for any person to
operate or maintain an adult business within the City of Vandalia
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 Vandalia until such manager or entertainer has
applied to the office the City Clerk for a 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
such 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.
[R.O. 1991 § 640.040; Ord. No. 1013 § I, 1-23-2004]
A.
An application for license for the operation
of an adult business in the City shall be obtained from the City Clerk.
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 owner of
the premises where 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 births 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 another City, County or State, has
had a business license revoked or suspended, the reason therefore
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.
An ordinance violation criminal act
within five (5) years immediately preceding the application, where
such ordinance violation 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.
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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.
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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.
C.
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 Chapter,
the Board of Aldermen may issue a license for operation of the adult
business. Such license shall be issued until June 30 of the year in
which such license is issued, or June 30 of the next year, if the
license is issued after July 1 but prior to January 1. All licenses
issued under this Chapter are subject to the business license fee
of this Code and must be renewed annually in the same manner as provided
above.
[R.O. 1991 § 640.050; Ord. No. 1013 § I, 1-23-2004]
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 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 ordinance violation 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.
That such license was obtained through
false statements in the application for such license or renewal thereof.
4.
That the licensee failed to make
a complete disclosure of all information in the application for such
license or renewal thereof.
[Ord. No. 1013 § I, 1-23-2004]
A.
No person shall establish an adult business
within one thousand (1,000) feet of any preexisting primary or secondary
school, house of worship, State-licensed daycare facility, public
library, public park or any property used for residential purposes.
For purposes of this Subsection, measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
closest portion of the parcel containing the sexually oriented business
to the closest portion of the parcel containing the preexisting primary
or secondary school, house of worship, State-licensed daycare facility,
public library, public park or property used for residential purposes.
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.
C.
No adult business shall be located or situated
except in accordance with Title IV, Zoning, of the Vandalia City Code
as this Section is in addition to Vandalia's zoning regulations.
[Ord. No. 1013 § I, 1-23-2004]
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 Vandalia
Police Department upon request at any time.
[Ord. No. 1013 § I, 1-23-2004]
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 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.
An ordinance violation criminal act
within five (5) years immediately preceding the application, where
such ordinance violation 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.
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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.
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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 June 30 of the year in which such license is issued or June 30 of the next year, if the license is issued after July 1 but prior to January 1. All licenses issued under this Chapter are subject to the fee schedule in Chapter 605 of this Code and must be renewed annually in the same manner as provided above.
[Ord. No. 1013 § I, 1-23-2004]
A.
A licensed adult business manager shall
be on duty at any adult business at all times during which the premises
is 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 Vandalia.
[Ord. No. 1013 § I, 1-23-2004]
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
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CITY OF VANDALIA, MISSOURI
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ENTERTAINERS ARE:
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•
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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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•
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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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•
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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, pubic region, buttock or female breasts.
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E.
Separate dressing rooms for men and women
shall be maintained on the premises.
[R.O. 1991 § 640.110; Ord. No. 1013 § I, 1-23-2004]
Any adult business licensed under
this Chapter shall comply with all other requirements of the Code
of the City of Vandalia as now or in the future may be adopted.
[R.O. 1991 § 640.120; Ord. No. 1013 § I, 1-23-2004]
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.
[R.O. 1991 § 640.130; Ord. No. 1013 § I, 1-23-2004]
Any violation of any part of this Chapter shall be deemed an ordinance violation and shall be subject to punishment as prescribed in Section 100.210 of Vandalia City Code and every day such violation shall continue shall be considered a separate offense.
