[Ord. No. 691 §1(226.010), 10-20-1993; Ord. No. 1514 §3, 11-28-2006; Ord. No. 1825 §2, 5-25-2016]
For the purposes of this Chapter, the following words and phrases shall mean:
- ADULT BOOKSTORE
- An establishment having as its stock in trade for sale, rent, lease, inspection or viewing books, films, video cassettes, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below and in conjunction therewith have facilities for the presentation of adult entertainment, as defined below, including adult-oriented films, movies or live performances for observation.
- ADULT CABARET
- A cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.
- ADULT ENTERTAINMENT
- Any exhibition of any motion pictures, live performance, display or dance of any type which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities or specified anatomical areas as defined below of the removal of articles of clothing or appearing partially or totally nude.
- A. Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either:
- 1. Engage in personal contact with or allow personal contact by employees, devices or equipment by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
- 2. Observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities as said term is defined herein.
- ADULT MINI-MOTION PICTURE THEATER
- An enclosed building with a capacity of less than fifty (50) persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
- ADULT MOTION PICTURE THEATER
- An enclosed building with a capacity of fifty (50) or more persons used for presenting material having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation by patrons therein.
- ADULT-ORIENTED ESTABLISHMENT
- Includes, but is not limited to, "adult bookstores," "adult motion picture theaters," "adult mini-motion picture establishments," "adult cabarets," "bathhouses," "massage shops" or "nude modeling studios" and further means any premises to which public patrons or members are invited or admitted for the purposes of viewing adult-oriented motion pictures wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. In no event shall this definition include tattoo parlors, body piercing facility or cosmetic tattooing and body piercing establishment as defined by the City of Platte City Zoning Code.
- An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
- The Board of Aldermen for the City of Platte City, Missouri.
- Any person who renders any service in connection with an adult-oriented establishment or who received compensation from the operator of such establishment or patron thereof.
- Any person to whom a license has been issued to own or operate any establishment provided for under the provisions of this Chapter.
- NUDE MODELING STUDIO
- An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise; to be included within this definition is the occupation or practice for any compensation whatsoever of offering one's body, wholly or partially in the nude, for the purpose of having designs of whatever nature applied thereto by whatever process or technique with any kind of substance whether it be transparent or non-transparent. This does not mean public or private schools wherever persons are enrolled in a class.
- Any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.
- Any person who receives the benefit of the services of any establishment or occupation provided for in this Chapter under such circumstances that he/she will pay money or give any other consideration therefore.
- Any individual, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
- RECOGNIZED SCHOOL
- Any school or institution recognized by the American Massage and Therapy Association, Inc., which has for its purpose the teaching of the theory, method, profession or work of massage, which school requires a resident course of study not less than seventy (70) hours before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.
- SPECIFIED SEXUAL ACTIVITIES
- Any simulated or actual:
[Ord. No. 691 §1(226.020), 10-20-1993]
Except as provided in Subsection (D) below, from and after the effective date of this Chapter, no adult-oriented establishments shall be operated or maintained in the City of Platte City without first obtaining a license to operate issued by the City of Platte City.
A license may be issued only for one (1) adult-oriented establishment located at a fixed and certain place. Any person, partnership or corporation which desires to operate more than one (1) adult-oriented establishment must have a license for each.
No license or interest in a license may be transferred to any person, partnership or corporation.
All adult-oriented establishments existing at the time of the passage of this Chapter must submit an application for a license within ninety (90) days of the passage of this Chapter. If an application is not received within said ninety (90) day period, then such existing adult-oriented establishment shall cease operations.
[Ord. No. 691 §1(226.030), 10-20-1993]
Any person desiring to secure a license shall make application to the City Clerk. The application shall be filed in triplicate with and dated by the City Clerk. A copy of the application shall be distributed promptly by the City Clerk to the Platte City Police Department and to the applicant.
The application for a license shall be upon a form provided by the City Clerk. The application shall include the following information:
Name and address of all partners or all officers and directors of a corporate applicant.
Written proof that the individual is at least eighteen (18) years of age.
The address of the adult-oriented establishment to be operated by the applicant.
If the applicant is a corporation, the application shall specify the name of the corporation, the date and State of incorporation, the name and address of the registered agent and the name and address of all shareholders owning more than five percent (5%) of the stock in said corporation and all officers and directors of the corporation.
Within twenty-one (21) days of receiving an application for a license, the City Clerk shall notify the applicant whether the application is granted or denied.
Whenever an application is denied, the City Clerk shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten (10) days of receipt of notification of denial, a public hearing shall be held within ten (10) days thereafter before the Board as hereinafter provided.
Failure or refusal of the applicant to give any information relevant to the investigation of the application or his/her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his/her refusal to submit to or cooperate with any investigation required by this Chapter shall constitute an admission by the applicant that he/she is ineligible for such license and shall be grounds for denial thereof by the City Clerk.
[Ord. No. 691 §1(226.040), 10-20-1993]
To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards.
If the applicant is a corporation:
All officers, directors and stockholders required to be named under Subsection (3)(b) shall be at least eighteen (18) years of age.
If the applicant is a partnership, joint venture any other type of organization where two (2) or more persons have a financial interest:
All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least eighteen (18) years of age.
No person having a financial interest in the partnership, joint venture or other type of organization shall have been found to have violated any provision of this Chapter within five (5) years immediately preceding the date of the application.
The applicant shall be of good character, honesty and integrity.
In all other respects qualified to be licensed or found suitable consistently with the declared policy of this Chapter.
[Ord. No. 691 §1(226.050), 10-20-1993]
A license fee of two hundred fifty dollars ($250.00) shall be submitted with the application for a license. If the application is denied, one-half (½) of the fee shall be returned.
[Ord. No. 691 §1(226.060), 10-20-1993]
The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
[Ord. No. 691 §1(226.070), 10-20-1993]
Every license issued pursuant to this Chapter will terminate at the expiration of one (1) year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the City Clerk. The application for renewal must be filed not later than sixty (60) days before the license expires. The application for renewal shall be filed in triplicate with and dated by the City Clerk. A copy of the application for renewal shall be distributed promptly by the City Clerk to the Platte City Police Department and to the operator. The application for renewal shall be upon a form provided by the City Clerk and shall contain such information and data, given under oath or affirmation, as is required for an application for a new license.
A license renewal fee of two hundred fifty dollars ($250.00) shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of one hundred dollars ($100.00) shall be assessed against the applicant who files for a renewal less than sixty (60) days before the license expires. If the application is denied, one-half (½) collected shall be returned.
If the Platte City Police Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the City Clerk.
[Ord. No. 691 §1(226.080), 10-20-1993]
The Board of Aldermen shall revoke a license or permit for any of the following reasons:
Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
The operator or any employee of the operator violates any provision of this Chapter or any rule or regulation adopted by the Board pursuant to this Chapter; provided however, that in the case of a first (1st) offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of thirty (30) days if the Board shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
The operator becomes ineligible to obtain a license or permit.
Any cost or fee required to be paid by this Chapter is not paid.
Any intoxicating liquor or cereal malt beverage is served or consumed on the premises of the adult-oriented establishment.
The Board, before revoking or suspending any license or permit, shall give the operator at least ten (10) days' written notice of the charges against him/her the opportunity for a public hearing before the Board as hereinafter provided.
The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
Any operator whose license is revoked shall not be eligible to receive a license from one (1) year from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for six (6) months from the date of revocation of the license.
[Ord. No. 691 §1(226.090), 10-20-1993]
Any adult-oriented establishment must comply with the following requirements:
Access. All interior public areas of the adult-oriented establishment shall be unobstructed by any door, lock or other control-type device except for public restrooms in which all walls shall be solid and without any openings other than an entrance. No occupant of same shall engage in any type of sexual activity.
Construction. No individual booths, rooms or cubicles shall be allowed in the public portion of the facility. All other City codes and regulations must be met.
[Ord. No. 691 §1(226.100), 10-20-1993]
No person licensed under the provisions of this Chapter or his/her agent, servant or employee shall possess, store, sell or offer for sale, give away or otherwise dispose of, upon or about the licensed premises or permit any person on or about the licensed premises to possess, store, sell or offer for sale, give away or otherwise dispose of any controlled substance as defined in Chapter 195, RSMo.
Every act or omission by an employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
Any act or omission of any employee constituting a violation of the provisions of this Chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.
No employee of an adult-oriented establishment shall allow any person to loiter around or to frequent an adult-oriented establishment or to allow any person to view adult entertainment as defined herein who is less than eighteen (18) years of age.
No employee of an adult-oriented establishment shall allow any animals or reptiles in the establishment.
A person responsible for the management and operation of the business shall be on the premises during business hours.
No establishment shall be operated during the hours between 1:00 A.M. and 10:00 A.M. on any day and, furthermore, no establishment shall be operated between the hours of 1:00 A.M. Sunday and 10:00 A.M. Monday.
The operator shall maintain the premises in a clean and sanitary manner at all times.
The operator shall maintain at least ten (10) foot-candles of light in the public portions of the establishment, including aisles, at all times. However, if a lesser level of illumination shall be necessary to enable a patron to view adult entertainment, a lesser amount of illumination may be maintained, however, at no time shall there be less than one (1) foot-candle of illumination as measured from the floor.
The operator shall insure compliance of the establishment and its patrons with the provisions of this Chapter.
[Ord. No. 691 §1(226.110), 10-20-1993]
All private and public schools, as defined in Chapter 160, RSMo., located within the City of Platte City are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum.
The provisions of this Chapter shall not apply to the following individuals while engaged in the personal performance of the duties of their respective professions:
Physicians, surgeons, osteopaths, chiropractors or physical therapist who are licensed by the State of Missouri.
Nurses who are licensed by the laws of this State.
Barbers and beauticians who are licensed by this State, except that this exemption shall solely apply to the massaging of the neck, face, scalp and hair of the patron or client for cosmetic or beautifying purposes.
Athletic trainers for amateur, semi-professional or professional athletic organizations.
Hospitals, nursing homes or sanitariums.
[Ord. No. 691 §1(226.120), 10-20-1993]
Any person who is found to have violated this Chapter shall upon conviction be subject to punishment of a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
Each violation of this Chapter shall be considered a separate offense and any violation continuing more than one (1) day shall be considered a separate offense.
[Ord. No. 691 §1(226.130), 10-20-1993]
If any provision of this Chapter is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of the same.
[Ord. No. 691 §1(226.140), 10-20-1993]
The City of Platte City Police Department shall have the authority to enter any adult-oriented establishment at all reasonable times to inspect the premises and enforce this Chapter.