[CC 1992 §635.010; Ord. No. 600 §1, 5-15-2000]
For the purposes of this Chapter, and unless the context plainly
requires otherwise, the following definitions are adopted:
Any business enterprise:
That has as a regular and substantial business purpose the sale,
display or rental of goods that are designed for use in connection
with "specified sexual activities" or that emphasize matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
That has one (1) of the following as a regular and substantial
business purposes:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display "specified
anatomical areas" or "specified sexual activities", or
The providing of services that provide "specified sexual activities"
or "specified anatomical areas" ancillary to other pursuits or allow
participation in "specified sexual activities" ancillary to other
pursuits.
The definition of "adult business" also includes,
but is not limited to, any and all of the following, as defined herein:
Businesses that offer the following described goods for sale
or rent:
Adult retail establishment: An establishment
which, as a regular and substantial business purpose, offers for sale
or rent any one (1) or more of the following: instruments, devices,
gifts or paraphernalia which are designed for use in connection with
"specified sexual activities" or clothing that graphically depicts
"specified anatomical areas" or any of the materials sold or rented
in an adult bookstore as defined herein.
Adult bookstore: An establishment which, as
a regular and substantial business purpose, offers for sale or rent
books, magazines, periodicals or other printed matter, photographs,
slides, films or videotapes which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas".
Adult media outlet: An establishment that has,
as a regular and substantial business purpose, the rental, sale or
offering for viewing off the premises or other use of any adult media.
Adult newsrack: Any coin- or card-operated
device that offers for sale by dispensing printed material which is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
Adult newsstand: A freestanding structure,
vehicle or booth which, as a regular and substantial business purpose
offers for sale books, magazines, periodicals or other printed matter
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
Sex shop: A business offering goods for sale
or rent that meets any of the following tests:
It offers for sale items from any of the following categories:
adult media, sexually oriented toys or novelties, lingerie, leather
goods marketed or presented in a context to suggest their use for
sadomasochistic practices and constitutes more than five percent (5%)
of the stock in trade of the business or occupies more than five percent
(5%) of the gross public floor area of the business;
More than five percent (5%) of the stock in trade of the business
consists of sexually-oriented toys or novelties; or
More than five percent (5%) of the gross public floor area of
the business is devoted to the display of sexually-oriented adult
toys or novelties.
Businesses that provide the following entertainment:
Adult entertainment business: Any enterprise
to which the public, patrons or members are invited or admitted and
where providing "adult entertainment" as defined herein is a regular
and substantial portion of its business.
Adult motion picture theater: An establishment
containing a room with seats facing a screen or projection areas where
a regular and substantial portion of its business is the exhibition
to customers of films, videotapes or motion pictures which are intended
to provide sexual stimulation or sexual gratification to the customers
and which are distinguished by or characterized by an emphasis on
matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
Adult theater: An establishment located in
an enclosed building where a regular and substantial portion of its
business is providing the live performance of activities relating
to "specified sexual activities" or exhibition of "specified anatomical
areas" or live performers for observation by customers and patrons.
Adult entertainment cabaret: An establishment
where a regular and substantial portion of its business is providing
adult entertainment which features strippers, male or female impersonators,
go-go dancers or live performances; or material which is primarily
characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas".
Adult entertainment studio (includes the terms
rap studio, exotic dance studio, sensitivity studio or encounter studio):
An establishment whose premises is physically arranged as to provide
booths, cubicles, rooms, compartments or stalls separate from the
common areas of the premises and where a regular and substantial portion
of its business is providing entertainment which features materials
or live performances characterized by an emphasis on or features materials
relating to "specified sexual activities" or the exhibition of "specified
anatomical areas".
Adult encounter parlor: An establishment where
a regular and substantial portion of its business is the provision
of premises where customers congregate, associate or consort with
employees and/or performers or private contractors who display "specified
anatomical areas" in the presence of such customers with the intent
of providing sexual gratification or stimulation to such customers.
Body painting studio: An establishment where
a regular and substantial portion of its business is the maintaining,
operating or offering for compensation the applying of paint or other
substance to or on the human body by any means of application, technique
or process when the subject's body is displaying for the customers
view "specified anatomical areas".
Businesses that provide the following described services:
Bathhouse: An enterprise where a regular and
substantial portion of its business is offering baths with other persons
present who are nude or displaying "specified anatomical areas".
Adult motel: An enterprise where a regular
and substantial portion of its business is offering public accommodations
for consideration for the purpose of viewing closed circuit television
transmissions, films, motion pictures, video cassettes, slides or
other photographic reproductions which are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas" and rents room accommodations
for less than six (6) hours at a time.
Massage shop: An establishment which has as
regular and substantial portion of its business the practice of any
method of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulation of external parts of the
human body with the hands or with the aid of any mechanical, electric
apparatus or appliances with or without such supplementary aids as
rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions,
ointments or other similar preparations commonly used in the practice
of massage under such circumstances that it is reasonably expected
that the person to whom the treatment is provided or some third (3rd)
person on his or her behalf will pay money or give any other consideration
or gratuity, provided that this term shall not include any establishment
operated by a medical practitioner, professional physical therapist
or massage therapist licensed by the State.
Any live exhibition, performance, display or dance of any
type including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing,
or any service offered for amusement on a premises where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons,
or if the entertainment involves a person who is nude or in such attire,
costume or clothing as to expose to view any portion of the human
genitals, pubic region, vulva, pubic hair, buttocks, female breast
or breasts below a point immediately above the top of the areola or
nipple or the human male genitals in a discernibly erect state, even
if completely and opaquely covered.
Those diseases which are set out in the Code of State regulations
established by the State of Missouri.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult business.
Any person who provides adult entertainment within an adult
entertainment business as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
The total area of the building accessible or visible to the
public, including showrooms, motion picture theaters, motion picture
arcades, service areas, behind-counter areas, storage areas visible
from such other areas, restrooms (whether or not labeled "Public"),
areas used for cabaret or similar shows (including stage areas), plus
aisles, hallways and entryways serving such areas.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity at an
adult business.
Any person operating, conducting or maintaining an adult
business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.
Any place of business of an adult business which shall include
the entire lot and building occupied by the adult business and any
other property owned, leased or controlled by the adult business,
including any parking areas adjacent to the business which are regularly
utilized by employees, entertainers, servers, managers or customers
of such business.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food or drink at an adult business.
Instruments, devices or paraphernalia either designed as
representations of human genital organs or female breasts or designed
or marketed primarily for use to stimulate human genital organs.
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola encircling the nipple, or any combination
of the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Sexual conduct being actual or simulated acts of human masturbation;
sexual intercourse; or physical contact in an act of apparent sexual
stimulation or gratification with a person's clothed or unclothed
genitals, pubic area, buttocks, or the breast of a female; or any
sadomasochistic abuse or acts including animals or any latent objects
in an act of apparent sexual stimulation or gratification.
[CC 1992 §635.020; Ord. No. 600 §2, 5-15-2000]
A.
It
shall be unlawful for any person to operate or maintain an adult business
in the City unless the owner, operator or lessee thereof has obtained
an adult business license from the City or to operate such business
after such license has been revoked or suspended by the City.
B.
It
is unlawful for any entertainer, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult business.
C.
It
shall be prima facie evidence that any adult business that fails to
have posted an adult business license, in the manner required by this
Section, has not obtained such a license. In addition, it shall be
prima facie evidence that any entertainer, server, employee, manager,
operator or owner who performs any business, service or entertainment
in an adult business, in which an adult business license is not posted
in the manner required by this Section, had knowledge that such business
was not licensed.
D.
Any
business enterprise that sells or rents goods that are designed for
use in connection with "specified sexual activities" or that emphasize
matters depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" and that excludes minors by virtue
of age from all or any part of the business premises shall be deemed
to have consented to periodic entry into and inspection of the business
premises by appropriate City Officials and inspection by those officials
of only those business records necessary for the limited purpose of
determining whether such business enterprise is an "adult business"
as defined in this Chapter. This entry and inspection shall take place
during hours when such adult business is open to the public, unless
otherwise requested by the adult business, and shall not unreasonably
interfere with the conduct of such business.
[CC 1992 §635.030; Ord. No. 600 §3, 5-15-2000]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City or to work as an entertainer, server or manager
at an adult business after such person's license to do so has been
revoked or suspended.
[CC 1992 §635.040; Ord. No. 600 §4, 5-15-2000]
A.
The
license year for all fees required under this Chapter shall be from
each June first (1st) through May thirty-first (31st). The application
for a license shall be accompanied by payment in full of the fee stated
in this Section by certified or cashier's check or money order; and
no application shall be considered complete until such fee is paid.
B.
All
licenses shall be issued for a specific location and shall be non-refundable
and non-transferable.
[CC 1992 §635.050; Ord. No. 600 §5, 5-15-2000]
All adult business licenses shall be issued only for the one
(1) adult business use per premises which shall be listed on the application.
More than one (1) adult business use shall not be allowed on a premises.
Any change in the type of adult use shall invalidate the adult business
license.
[CC 1992 §635.060; Ord. No. 600 §6, 5-15-2000]
A.
Adult Business License. All persons desiring to secure a
license to operate an adult business under the provisions of this
Chapter shall make a notarized application with the City Clerk. All
applications shall be submitted in the name of the person proposing
to conduct or operate the adult business. All applications shall be
submitted on a form supplied by the City Clerk and shall require the
following information:
1.
The name, residence address, home telephone number, occupation, date
and place of birth, and social security number of the applicant.
2.
The name of the adult business, a description of the type of business
to be performed on the licensed premises, and the name of the owner
of the premises where the adult business will be located.
3.
The names and residence addresses, social security numbers and dates
of births of all partners, if the applicant is a partnership; and
if the applicant is a corporation, the same information for all corporate
officers and directors and stockholders who own ten percent (10%)
or greater interest in the corporation.
4.
The residence addresses of the applicant, or of all partners, or
of all corporate officers and directors for the five (5) years immediately
prior to the date of application.
5.
A description of the adult business history of the applicant, or
of the partnership and all partners, or of the corporation and all
corporate officers and directors.
6.
A statement from the applicant, or from all partners, or from all
such corporate officers and directors, whether any such person or
entity, in previously operating in this or another City, County or
State, has had a business license of any type revoked or suspended
and, if so, the reason therefor, and the activity or occupation subjected
to such action, suspension or revocation.
7.
A statement of the business, occupation or employment of the applicant,
or of all partners, or of all corporate officers and directors for
the three (3) years immediately preceding the date of the application.
8.
A statement from the applicant, or from each partner, or from each
corporate officer and director, that each such person has not been
convicted of, released from confinement for conviction of, or diverted
from prosecution on:
a.
Any felony within five (5) years immediately preceding the application,
or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application,
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where such felony or misdemeanor involved sexual offenses, prostitution,
promotion of prostitution, indecent exposure, sexual abuse of a child,
or pornography and related offenses as defined in the Missouri Criminal
Code or involved controlled substances or illegal drugs or narcotics
offenses as defined in the Missouri Controlled Substances Act or other
Statutes of the State of Missouri or ordinances of the City.
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The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution, or sale of controlled substances
or illegal drugs or narcotics.
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9.
On applications requesting a license to operate a bathhouse or body
painting studio, the applicant shall provide for each person working
on the premises a health certificate from a duly licensed Missouri
physician stating that within ninety (90) days prior thereto the applicant
and all other persons working on the premises have been examined and
found free of any contagious or communicable disease as defined herein.
10.
A full set of fingerprints and a photograph, to be taken by the Chief
of Police, of the applicant, or of all partners if the applicant is
a partnership, or of all such corporate officers and directors if
the applicant is a corporation.
11.
If the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
12.
A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult businesses.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B.
Manager, Server Or Entertainer License. All persons desiring
to secure a license under the provisions of this Chapter to be a manager,
server or entertainer shall make a notarized application with the
City Clerk. All applications shall be submitted in the name of the
person proposing to be a manager, server or entertainer. All applications
shall be submitted on a form supplied by the City Clerk and shall
require the following information:
1.
The applicant's name, home address, home telephone number, date and
place of birth, social security number, and any stage names or nicknames
used in entertaining or at the business.
2.
The name and address of each adult business where the applicant intends
to work as a manager, server or entertainer and an "intent to hire"
statement from an adult business that is licensed, or that has applied
for a license, under the provisions of this Chapter indicating the
adult business intends to hire the applicant to manage, serve or entertain
on the premises. Failure to provide an "intent to hire" statement
shall not invalidate the application.
3.
A statement from the applicant that the applicant has not been convicted
of, released from confinement for conviction of, or diverted from
prosecution on:
a.
A felony within five (5) years immediately preceding the application,
or
b.
A misdemeanor within two (2) years immediately preceding the application,
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where such felony or misdemeanor involved sexual offenses, prostitution,
promotion of prostitution, indecent exposure, sexual abuse of a child,
or pornography and related offenses as defined in the Missouri Criminal
Code or involved controlled substances or illegal drugs or narcotics
offenses as defined in the Missouri Controlled Substances Act or other
Statutes of the State of Missouri or ordinances of the City.
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The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution,
or sale of controlled substances or illegal drugs or narcotics.
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4.
A full set of fingerprints and a photograph of the applicant to be
taken by the Chief of Police.
5.
The applicant shall present to the City Clerk who shall copy documentation
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A valid motor vehicle operator's license issued by any State bearing
this applicant's photograph and date of birth;
b.
A state-issued identification card bearing the applicant's photograph
and date of birth;
c.
An official and valid passport issued by the United States of America;
d.
An immigration card issued by the United States of America;
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk; or
f.
Any other form of identification deemed reliable by the City Clerk.
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Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
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C.
Facilities Necessary. No adult business license to conduct
a bathhouse or body painting studio shall be issued unless an inspection
by the Director of the applicable County Health Department or his/her
authorized representative reveals that the premises the applicant
intends to conduct business from complies with each of the following
minimum requirements:
1.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given. Floors shall
be free from any accumulation of dust, dirt or refuse. All equipment
used in the business's operation shall be maintained in a clean and
sanitary condition. Towels, linen and items for personal use of operators
and patrons shall be clean and freshly laundered. Towels, cloths and
sheets shall not be used for more than one (1) patron. Heavy, white
paper may be substituted for sheets provided that such paper is changed
for every patron. No service or practice shall be carried on within
any cubicle, room, booth or any area within any permitted establishment
which is fitted with a door capable of being locked.
2.
Toilet facilities shall be provided in convenient locations. When
five (5) or more employees and patrons of different sexes are on the
premises at the same time, separate toilet facilities shall be provided.
A single water closet per sex shall be provided for each twenty (20)
or more employees or patrons of that sex on the premises at any one
time. Urinals may be substituted for water closets after one (1) water
closet has been provided. Toilets shall be designated as to the sex
accommodated therein.
3.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
The Director of the appropriate County Health Department, or
his/her representative, shall certify that the proposed business establishment
complies with all of the requirements of this Section and shall give
or send such certification to the City Clerk. Provided however, that
nothing contained herein shall be construed to eliminate other requirements
of Statute or ordinance concerning the maintenance of premises, nor
to preclude authorized inspection thereof. The appropriate City Official
may recommend the issuance of a license contingent upon the compliance
with any requirements in this Section.
D.
Application Processing. Upon receipt of a complete application
for an adult business, manager, server or entertainer license, the
City Clerk shall immediately transmit one (1) copy of the application
to the Chief of Police for investigation of the application.
1.
It shall be the duty of the Chief of Police or his/her designee to
investigate such application to determine whether the information
contained in the application is accurate and whether the applicant
is qualified to be issued the license applied for. The Chief of Police
shall report the results of the investigation to the City Clerk not
later than ten (10) working days from the date the application is
received by the City Clerk.
2.
It shall be the duty of the Chief of Police to determine whether
the structure where the adult business will be conducted complies
with the requirements and meets the standards of the applicable health,
zoning, Building Code, fire and property maintenance ordinances of
the City. The Chief of Police shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk.
[CC 1992 §635.070; Ord. No. 600 §7, 5-15-2000]
A.
If the application for an adult business manager, server or entertainer license is in proper form and accompanied by the appropriate license fee, the City Clerk shall examine the application, and after such examination the City Clerk shall forward the application to the City Administrator. If the applicant is qualified, the City Administrator shall either approve the license or refer it to the Board of Aldermen if necessary. A license shall not be approved to any person ineligible pursuant to Section 635.080.
B.
The
record of the City Clerk shall show the action taken on the application,
and if the license is granted, the City Clerk to issue the proper
license. The license shall state that it is not transferable to other
persons or entities and the calendar year for which it is issued.
The license shall be kept posted in a conspicuous place in the place
of business that is licensed or where the licensee is working.
C.
If
an application for a license is disapproved, the applicant shall be
immediately notified by registered or certified mail to the applicant's
last known address, and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provided
by law.
[CC 1992 §635.080; Ord. No. 600 §8, 5-15-2000]
A.
No
person is eligible nor shall a license be issued to:
1.
An adult business applicant if one (1) or more of the following conditions
exist:
a.
The applicant's premises is located within one thousand (1,000) feet
of any school, church, public park, licensed child care center or
licensed child care home. Measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest point on the property line of the applicant's business to
the nearest point on the property line of such school, church, public
park, licensed day care center or licensed child care home. If this
paragraph is in conflict with the City's zoning ordinance, the zoning
ordinance will take precedence.
b.
The applicant's premises is located within one thousand (1,000) feet
of any other adult business for which there is a license issued. Measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
business to the nearest point on the property line of such other adult
business. If this paragraph is in conflict with the City's zoning
ordinance, the zoning ordinance will take precedence.
c.
The applicant's premises is located within five hundred (500) feet
of any residentially zoned property. Measurements shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's business
to the nearest point on the property line of the residentially zoned
property. If this paragraph is in conflict with the City's zoning
ordinance, the zoning ordinance will take precedence.
d.
In the case of an application for an adult business license for a business use defined in Section 635.010, definition of "Adult Business", (3)(b) or Section 635.010, definition of "Adult Business", (3)(c) described as adult entertainment business, adult motion picture theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlor, body painting studio, bathhouse or adult motel, the applicant's premises is located within five hundred (500) feet of any residentially zoned property. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the residentially zoned property. If this paragraph is in conflict with the City's zoning ordinance, the zoning ordinance will take precedence.
e.
The applicant failed to supply all of the information requested on
the application.
f.
The applicant gave materially false, fraudulent or untruthful information
on the application.
g.
The applicant's proposed business premises does not comply with or
meet the requirements of the applicable health, zoning, Building Code,
fire and property maintenance ordinances of the City, provided, that
upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the City Clerk.
h.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 635.060 of this Chapter during the time period set forth in said Section.
i.
The applicant has had an adult business or comparable license revoked
or suspended in this or any other City during the past five (5) years.
j.
If the applicant is applying for a license to operate a bathhouse
or body painting studio and has not produced a health certificate
as required herein for all persons working on the premises.
2.
An applicant for a manager, server or entertainer if one (1) or more
of the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult business license for any of the reasons stated in Subsection (1) above;
b.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 635.060 of this Chapter during the time period set forth in said Section;
c.
The applicant failed to provide all of the information required on
the application;
d.
The applicant gave materially false, fraudulent or untruthful information
on the application;
e.
The applicant has had a manager, server, entertainer or comparable
license revoked or suspended in this or any other City during the
past five (5) years.
[CC 1992 §635.090; Ord. No. 600 §9, 5-15-2000]
A.
The
following standards of conduct shall be adhered to by all adult business
licensees, their employees and all managers, servers and entertainers
and patrons of adult businesses while on or about the premises of
the business:
1.
Identification cards. All or any manager, server
or entertainer issued a license by the City under the provisions of
this Chapter shall, at all times when working in an establishment
subject to the provisions of this Chapter, have in their possession
a valid identification card issued by the City bearing the permit
number, the employee's physical description and a photograph of such
employee. Such identification cards shall be laminated to prevent
alteration.
2.
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted on the premises of any adult business.
3.
Exterior observation and display. No adult business
will be conducted in any manner that permits the observation or display
of performers, servers or entertainers engaged in an erotic depiction
or dance or any material or persons, caricatures, animals, or any
portion thereof depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas", as defined herein, or
any books, cards, magazines, periodicals or other printed matter,
photographs, slides, films, motion pictures or videotapes which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" from any exterior source including, but not limited
to, by display, decoration, sign, show window or other opening.
4.
Nudity prohibited. No manager, employee, server,
entertainer or patron in an adult business, other than a licensed
bathhouse, shall appear nude, unclothed, in less than opaque attire,
or in any fashion that exposes to view any "specified anatomical area".
5.
Certain acts prohibited.
a.
No manager, employee, server, entertainer or patron shall perform
any "specified sexual activities", as defined herein, wear or use
any device or covering exposed to view which simulates any "specified
anatomical area", use artificial devices or inanimate objects to perform
or depict any of the "specified sexual activities" as defined herein,
or participate in any act of prostitution.
b.
No manager, employee, server, entertainer or patron of an adult business
shall knowingly touch, fondle or caress any "specified anatomical
area" of another person, or knowingly permit another person to touch,
fondle or caress any specified anatomical area" of such manager, employee,
server, entertainer or patron, whether such "specified anatomical
areas" are clothed, unclothed, covered or exposed.
c.
No manager, employee, server or entertainer of an adult business
shall be visible from the exterior of the adult business while such
person is unclothed or in such attire, costume or clothing as to expose
to view any specified anatomical area.
d.
No entertainer shall solicit, demand or receive any payment or gratuity
from any patron or customer for any act prohibited by this Chapter
and no entertainer shall receive any payment or gratuity from any
customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform, a customer
or patron may place such payment or gratuity into a box affixed to
the stage, or
(2)
While such entertainer is not on the stage or platform and is
clothed so as to not expose to view any "specified anatomical area",
a customer or patron may either place such payment or gratuity into
the entertainer's hand or under a leg garter worn by such entertainer
at least four (4) inches below the bottom of the pubic region.
e.
No owner, operator, manager or other person in charge of the premises
of an adult premises shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to
be brought upon or consumed on the premises (unless otherwise permitted
pursuant to City Code),
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or illegal drug or narcotic
on the premises,
(3)
Knowingly allow or permit any person under the age of eighteen
(18) years of age to be in or upon the premises,
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises, or
(5)
Knowingly allow or permit a violation of this Chapter or any
other City ordinance provision or State law.
6.
Signs required. All adult businesses shall have
conspicuously displayed in the common area at the principal entrance
to the premises a sign, on which uppercase letters shall be at least
two (2) inches high and lowercase letters at least one (1) inch high,
which shall read as follows:
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THIS ADULT BUSINESS IS REGULATED AND LICENSED BY THE CITY
OF CONCORDIA, MISSOURI
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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Not permitted to be nude, unclothed or in less then opaque attire,
costume or clothing so as to expose to view any portion of the breasts
below the top of the areola, or any portion of the pubic region, buttocks
and/or genitals.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
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While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand or under the
entertainer's leg garter.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
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7.
Lighting required. The interior premises of all
adult businesses shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted
access at an illumination of not less than one (1) foot-candle as
measured at the floor level, and such illumination must be maintained
at all times that any customer or patron is present in or on the premises.
The exterior premises of all adult business shall be equipped
with overhead lighting of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination equivalent
to not less than one (1) foot-candle in all parking areas and on the
general grounds of the premises as measured at the ground level and
there shall be illumination to the equivalent of not less than five
(5) foot-candles as measured at the ground level at each entrance
and doorway area, and such illumination must be maintained at all
times that any customer or patron is present on the premises.
8.
Closed booths or rooms prohibited. The premises
of all adult businesses shall be physically arranged in such manner
that the entire interior portions of the premises and of any booths,
cubicles, rooms or stalls is visible from a common area of the business.
The use of video cameras to meet this requirement is not allowed.
Visibility shall not be blocked or obscured by doors, curtains, drapes
or any other obstruction whatsoever. The manager shall be required
to position himself/herself so as to be able to view the entire interior
portion of the premises while on duty.
Only one (1) person shall be allowed in any booth, cubicle or
stall at a time. Such booths, cubicles or stalls shall be constructed
out of metal or such other material that is incapable of perforation
by any customer, employee, entertainer, server or manager on the premises.
Other than the entryways there shall be no openings, holes, access
doors or any other manner of accessibility between any booth, cubicle,
room or stall and any other booth, cubicle, room or stall.
9.
Ventilation and sanitation requirements. The premises
of all adult businesses shall be kept in a sanitary condition. Separate
dressing rooms and restrooms for men and women shall at all times
be maintained and kept in a sanitary condition.
10.
Hours of operation. No adult business may be open
or in use between the hours of 1:30 A.M. and 10:00 A.M. on any day
other than a Sunday when the business may not be open between the
hours of 1:30 A.M. and 12:00 Noon.
[CC 1992 §635.100; Ord. No. 600 §10, 5-15-2000]
A.
Every
person, corporation, partnership or association licensed under this
Chapter as an adult business shall post such license in a conspicuous
place and manner on the adult business premises.
B.
Every
person holding a server, manager or entertainer license shall post
his/her license in his/her work area on the adult business premises
so it shall be readily available for inspection by City authorities
responsible for enforcement of this Chapter.
[CC 1992 §635.110; Ord. No. 600 §11, 5-15-2000]
A.
A manager
shall be on duty at any adult business at all times the premises is
open for business. The name of the manager on duty shall be prominently
posted during business hours.
B.
It
shall be the responsibility of the manager to verify that any person
who provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment server's license and that such licenses are prominently
posted.
C.
It
shall be the responsibility of the manager to insure persons under
the age of eighteen (18) do not enter upon the premises.
[CC 1992 §635.120; Ord. No. 600 §12, 5-15-2000]
All adult businesses shall permit any City Official acting in
their official capacity to inspect the premises as necessary to insure
the business is complying with all applicable regulations and laws.
[CC 1992 §635.130; Ord. No. 600 §13, 5-15-2000]
A.
Whenever
the City Clerk has information that:
1.
The owner or operator of an adult business or a holder of a manager,
server or entertainer license has violated, or knowingly allowed or
permitted the violation of, any of the provisions of this Chapter;
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of an adult business knew or should have known that such violations
were committed;
3.
The adult business license or the manager, server or entertainer
license was obtained through false statements in the application for
such license or renewal thereof;
4.
The adult business licensee or the manager, server or entertainer
licensee failed to make a complete disclosure of all information in
the application for such license or renewal thereof;
5.
The owner or operator, or any partner, or any corporate officer or director holding an adult business license has become disqualified from having a license by a conviction as provided in Section 635.090; or
6.
The holder of a manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 635.090;
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Then the City Clerk shall make this information known to the
Board of Aldermen, which upon five (5) days' written notice to the
person holding the license shall conduct a public hearing to determine
whether the license should be suspended or revoked. The Board of Aldermen
may pass a resolution setting forth the procedures for the conduct
of such hearings. Based on the evidence produced at the hearing, the
Board of Aldermen may take any of the following actions:
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1.
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Suspend the license for up to ninety (90) days.
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2.
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Revoke the license for the remainder of the license year.
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3.
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Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of the Chapter occur during the period of probation. If a further
violation does occur and after a hearing the additional violation
is determined to have actually occurred, the license will be revoked
for the remainder of the license year.
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[CC 1992 §635.140; Ord. No. 600 §14, 5-15-2000]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on May thirty-first
(31st) of each calendar year, and renewal applications for such licenses
shall be submitted between May fifteenth (15th) and May thirty-first
(31st).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[CC 1992 §635.150; Ord. No. 600 §15, 5-15-2000]
Following the entry of an order by the Board of Aldermen suspending
or revoking a license issued pursuant to this Chapter, or the City
Clerk disapproving the renewal application for a license, such licensee
or applicant may seek judicial review in a manner provided by law.
The Board of Aldermen may stay enforcement of such order for a period
of time not to exceed thirty (30) days pending the filing and/or final
disposition of proceedings for judicial review.
[CC 1992 §635.160; Ord. No. 600 §16, 5-15-2000]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not to exceed five hundred dollars ($500.00) or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of or failure,
refusal or neglect to comply with any provision of this Chapter shall
constitute a separate and distinct offense.
[CC 1992 §635.170; Ord. No. 600 §17, 5-15-2000]
The City Administrator shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Chapter.
