City of Fair Grove, MO
Greene County
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Table of Contents
Table of Contents
[CC 1999 §5.0601; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0601), 5-15-2001]
As used in this Chapter, the following terms shall have these prescribed meanings:
ADULT ARCADE
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 (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE OR ADULT VIDEO STORE
A commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
1. 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or
2. 
Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities".
[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 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.]
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment that regularly features:
1. 
Persons who appear in a state of nudity or semi-nudity; or
2. 
Live performances that are characterized by the exposure of "specified sexual activities" or by "specified anatomical areas"; or
3. 
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
4. 
Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
1. 
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; or
2. 
Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or
3. 
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than twenty-four (24) hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER
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".
EMPLOYEE
A person who employs any services on the premises of a sexually oriented business on a full-time, part-time, contract basis or independent basis, whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "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, nor does "employee" include a person exclusively on the premises as a patron or customer.
ESCORT
A person who, for any form of 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.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
1. 
The opening or commencement of any sexually oriented business as a new business;
2. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. 
The additions of any sexually oriented business to any other existing sexually oriented business; or,
4. 
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY OR A STATE OF NUDITY
The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering or a female breast with less than a fully opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON
An individual, proprietorship, corporation, association or other legal entity.
PREMISES
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.
SEMI-NUDE OR SEMI-NUDITY
The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
1. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. 
Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
1. 
The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
2. 
Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
1. 
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this State, other states or other countries.
2. 
For which:
a. 
Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. 
Less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
c. 
Less than ten (10) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period;
3. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered;
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
The increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the initial date of passage of this Code Section.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
3. 
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.
[CC 1999 §5.0602; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0602), 5-15-2001]
A. 
Sexually oriented businesses are classified as follows:
1. 
Adult arcades;
2. 
Adult bookstores or adult video stores;
3. 
Adult cabarets;
4. 
Adult motels;
5. 
Adult motion pictures theaters;
6. 
Adult theaters;
7. 
Escort agencies;
8. 
Nude model studios; and
9. 
Sexual encounter centers.
[CC 1999 §5.0603; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0603), 5-15-2001]
A. 
It shall be unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this Chapter;
B. 
It shall be unlawful 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 City pursuant to this Chapter;
C. 
It shall be unlawful 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 City pursuant to this Chapter.
D. 
It shall be a defense to Subsections (B) and (C) of this Section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment or the premises.
E. 
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.
F. 
An application for a sexually oriented business employee license must be made on a form provided by the City.
G. 
An applicant 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.
H. 
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.
I. 
Applications for a business license, whether original or renewal, must be made to the City by the intended operator of the enterprise. Applications must be submitted to the office of the City or the City's designee during regular working hours. Application forms shall be supplied by the City. 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 Federal 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;
a. 
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he/she must state:
(1) 
The sexually oriented business' fictitious name, and
(2) 
Submit the required registration documents;
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 denied, suspended or revoked under this Chapter or other similar sexually oriented business ordinance from another City or County, 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 or City code 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 locations 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 requirements set forth in Section 610.170 hereunder.
14. 
Each application for a business license shall be accompanied by the following:
a. 
Payment of the application fee in full;
b. 
If the establishment is a corporation, a certificate of good standing from the State of incorporation (dated within thirty (30) days of application for license), a certified copy of the articles of incorporation, together with all amendments thereto;
c. 
If the establishment is a foreign corporation, a certified copy of the certificate of authority to do business in this State, together with all amendments thereto;
d. 
If the establishment is a limited partnership, a certified copy of the certificate of limited partnership, together with all amendments thereto;
e. 
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;
f. 
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;
g. 
If the persons identified as the fee owner(s) of the tract of land in item (f) 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;
h. 
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 Chapter, a use shall be considered existing or established if it is in existence at the time an application is submitted.
i. 
Any items (a) through (h) above shall not be required for a renewal application if the applicant states that the documents previously furnished the City with the original application or previous renewals thereof remain correct and current.
j. 
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 City 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 City. Applications must be submitted to the City 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, 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.
k. 
Attached to the application form for a license shall be the following:
(1) 
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.
(2) 
A statement detailing the license history of the applicant 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.
(3) 
A statement whether 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.
l. 
Every application for a license shall contain a statement under oath that:
(1) 
The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and,
(2) 
The applicant has read the provisions of this Chapter.
m. 
A separate application and business license shall be required for each sexually oriented business classification as set forth in Section 610.020.
n. 
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.
[CC 1999 §5.0604; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0604), 5-15-2001]
A. 
Upon the filing of an application for a sexually oriented business employee license, the City 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 City 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 "specific 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 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.
[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 forth in Subsection (F) of this Section.]
6. 
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.
7. 
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 City 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.
8. 
If application is made for a sexually oriented business license, the City 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:
a. 
An 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;
b. 
An applicant is under the age of eighteen (18) years;
c. 
An applicant or a person with whom the applicant is residing has been deemed 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;
d. 
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;
e. 
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;
f. 
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;
g. 
The license fee required under this Chapter has not been paid;
h. 
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.
B. 
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.
C. 
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 City. The certification shall be promptly presented to the City.
D. 
A sexually oriented business license shall be issued for only one (1) classification as set forth in Section 610.020.
E. 
In the event that the City 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 City, 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.
F. 
An applicant may appeal the decision of the City 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 City'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 City 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 City's written decision, if any and exhibits submitted to the City, the Board of Aldermen shall vote to either uphold or overrule the City's decision. Such vote shall be taken within thirty-one (31) 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 City's decision during the pendency of the appeal. Judicial review of a denial by the City and Board of Aldermen may be made pursuant to Section 610.100 of this Chapter.
G. 
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 City 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.
[CC 1999 §5.0605; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0605), 5-15-2001]
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.
[CC 1999 §5.0606; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0606), 5-15-2001]
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.
[CC 1999 §5.0607; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0607), 5-15-2001]
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 City denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial.
[CC 1999 §5.0608; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0608), 5-15-2001]
A. 
The City 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.
[CC 1999 §5.0609; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0609), 5-15-2001]
A. 
The City 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 City shall revoke a license if he/she determines that:
1. 
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 sexual 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 licenses, 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 City 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.
[CC 1999 §5.0610; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0610), 5-15-2001]
After denial of an initial or renewal application by the City and the Board of Aldermen, or suspension or revocation of a license by the City and the Board of Aldermen, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
[CC 1999 §5.0611; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0611), 5-15-2001]
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.
[CC 1999 §5.0612; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0612), 5-15-2001]
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.
4. 
For purposes of Subsection (B) of this Section, the distance between any two (2) sexually oriented businesses uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
[CC 1999 §5.0614; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0614), 5-15-2001]
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 sub-rents 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.
C. 
For purposes of Subsection (B) of this Section the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.
[CC 1999 §5.0615; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0615), 5-15-2001]
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.
[CC 1999 §5.0616; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0616), 5-15-2001]
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.
[CC 1999 §5.0617; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0617), 5-15-2001]
A. 
It shall be an ordinance violation for a person who, with knowledge and intent, appears in person in a state of nudity in a sexually oriented business or depicts specified sexual activities in a sexually oriented business.
B. 
It shall be an ordinance violation for a person who, with knowledge and intent, appears in person in a semi-nude condition in a sexually oriented business, unless the person is an employee who, 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. 
It shall be an ordinance violation for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer, or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in the sexually oriented business.
D. 
It shall be an ordinance violation for an employee, while semi-nude, to touch a patron or the clothing of a patron or for a patron to touch a semi-nude employee or the clothing of a semi-nude employee.
[CC 1999 §5.0618; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0618), 5-15-2001]
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 manager's stations and the location of all overhead lighting and designating any portion of the premises in which patrons will not be permitted. A manager'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 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 City 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 a manager's station may be made without the prior approval of the City 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 manager'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 a manager'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 manager'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 manager's stations. The view required in this paragraph must be by direct line of sight from the manager's station.
6. 
It shall be the duty of the operator and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subparagraph (5) of this Subsection 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) 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 five (5) feet as measured at the floor level.
9. 
It shall be the duty of the operator and it shall also 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 the viewing booths or rooms.
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 wall 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.
B. 
A person having a duty under Subparagraph (1) through Subparagraph (14) of Subsection (A) commits an ordinance violation if he/she, with knowledge, fails to fulfill that duty.
[CC 1999 §5.0619; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0619), 5-15-2001]
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 provisions 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 so 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.
[CC 1999 §5.0620; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0620), 5-15-2001]
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.
B. 
Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
1. 
Not contain any flashing lights.
2. 
Be a flat plane, rectangular in shape;
3. 
Not exceed seventy-five (75) square feet in area; and
4. 
Not exceed ten (10) feet in height or ten (10) feet in length.
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:
1. 
Be a flat plane, rectangular in shape;
2. 
Not exceed twenty (20) square feet in area;
3. 
Not exceed five (5) feet in height and four (9) feet in width, and
4. 
Be affixed or attached to any wall or door of the enterprise.
F. 
The provisions of items in Subsection (B)(1) and all of Subsection (C) and (D) of this Section shall also apply to secondary signs.
G. 
Violation of any provision of this Section shall constitute an ordinance violation.
[CC 1999 §5.0621; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0621), 5-15-2001]
A. 
The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.
B. 
Any violation of this Section shall constitute an ordinance violation.
[CC 1999 §5.0622; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0622), 5-15-2001]
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 businesses' 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.
2. 
Violation of this Section shall constitute an ordinance violation.
[CC 1999 §5.0623; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0623), 5-15-2001]
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 services is provided by a person of the opposite sex. Violation of this Section shall constitute an ordinance violation.
[CC 1999 §5.0624; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0624), 5-15-2001]
No sexually oriented business, except for an adult motel, may remain open at any time between the hours of 1:00 A.M. and 8:00 A.M. on weekdays and Saturdays and 1:00 A.M. and 12:00 P.M. on Sundays.
[CC 1999 §5.0625; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0625), 5-15-2001]
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.
[CC 1999 §5.0626; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0626), 5-15-2001]
A. 
Any notice required or permitted to be given by the City or any other City office, 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 City. 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 City or its 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 City by any person under this Chapter shall not be deemed given until and unless it is received in the office of the City.
C. 
It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the City in writing of any change of residence or mailing address.
[CC 1999 §5.0627; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0627), 5-15-2001]
A person who operates or causes to be operated a sexually oriented business without a valid business license or in violation 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.
[CC 1999 §5.0628; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0628), 5-15-2001]
If any Section, paragraph or clause of this Chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining Sections, paragraphs and clauses shall not be affected thereby.
[CC 1999 §5.0629; Ord. No. 99-12-01 §1, 12-7-1999; Ord. No. 01-05-03 §§1 — 7(5.0629), 5-15-2001]
Violation of any provision of this Chapter shall constitute an ordinance violation and is punishable by a term up to ninety (90) days' confinement in the County Jail or up to a five hundred dollar ($500.00) fine, or by both confinement and fine.