[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.]
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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.
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:
2. Adult
bookstores or adult video stores;
5. Adult
motion pictures theaters;
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.
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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 forth in Subsection (F) of this Section.]
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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.