[R.O. 1991 § 670.010; Ord. No. 1519 § 670.010, 2-8-1994]
The Smithville City Code is hereby
amended by the addition of a new Chapter entitled "Adult Businesses."
Said Chapter is hereby enacted.
[R.O. 1991 § 670.020; Ord. No. 1519 § 670.020, 2-8-1994; Ord. No. 3048-19, 10-15-2019]
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; or
That has one (1) of the following as a regular and substantial
business purpose(s):
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 ESTABLISHMENTSAn 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 BOOKSTOREAn 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 OUTLETAn 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 NEWSRACKAny 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 NEWSSTANDA 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.
Businesses that provide the following entertainment:
ADULT ENTERTAINMENT BUSINESSAny 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 THEATERAn 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 THEATERAn 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 CABARETAn 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 PARLORAn 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 STUDIOAn 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 means of application, technique or process when the subject's body is displaying for customers view specified anatomical areas.
Businesses that provide the following described services:
BATHHOUSEAn 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 MOTELAn 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.
Businesses that include the following:
SEXUALLY ORIENTED BUSINESSAs defined in Section 67.2540, RSMo., Section 573.010, RSMo., and as referenced in Sections 573.525 to 573.537, RSMo.
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 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, and includes
the term "employee(s)" as defined in Sections 573.010 and 67.2540,
RSMo. The term "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.
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.
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, or as defined in Section 573.010, RSMo.
Any individual, proprietorship, partnership, corporation,
trust, incorporated or unincorporated association, marital community,
joint venture, governmental entity, or other entity or group of persons
however organized.
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.
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; or
As defined in Section 573.010, RSMo.
Sexual conduct, being actual or simulated, acts of human
masturbation, 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, or as defined in Section 67.2540, RSMo., or defined
as "specified sexual activities" in Section 67.2540, RSMo.
[R.O. 1991 § 670.030; Ord. No. 1519 § 670.030, 2-8-1994]
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 facia 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 exclude minor 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 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.
[R.O. 1991 § 670.040; Ord. No. 1519 § 670.040, 2-8-1994]
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.
[R.O. 1991 § 670.050; Ord. No. 1519 § 670.050, 2-8-1994]
A.
The license year for all fees required
under this Chapter shall be from each January 1 through December 31.
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.
C.
The classification of licenses and fees
for each shall be as follows:
[R.O. 1991 § 670.060; Ord. No. 1519 § 670.060, 2-8-1994]
All adult business licenses shall
be issued only for the one (1) adult business use listed on the application.
Any change in the type of adult use shall invalidate the adult business
license.
[R.O. 1991 § 670.070; Ord. No. 1519 § 670.070, 2-8-1994; Ord. No. 2935-15, 10-20-2015]
A.
Adult Business License.
1.
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 Administrator, or designated representative. 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 Administrator, or designated representative,
and shall require the following information:
a.
The name, residence address, home
telephone number, occupation, date and place of birth and social security
number of the applicant.
b.
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.
c.
The names, residence addresses, social
security numbers and dates of birth 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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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 any felony within
five (5) years immediately preceding the application or a misdemeanor
criminal act within two (2) years immediately preceding the application,
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. 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.
i.
On applications requesting a license
to operate a bath house 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.
j.
A full set of fingerprints and a
photograph, to be taken by an officer of the Police Department, 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.
k.
If the applicant is a corporation,
a current certificate of registration issued by the Missouri Secretary
of State.
l.
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.
B.
Manager, Server Or Entertainer License.
1.
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 Administrator, or designated representative.
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 Administrator, or designated
representative, and shall require the following information:
a.
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.
b.
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 in the premises. Failure to
provide an "intent to hire" statement shall not invalidate the application.
c.
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 felony within
five (5) years immediately preceding the application or a misdemeanor
within two (2) years immediately preceding the application, 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. 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.
d.
A full set of fingerprints and a
photograph of the applicant to be taken by an officer of the Police
Department.
e.
The applicant shall present to the
City Administrator, or designated representative, 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:
(1)
A valid motor vehicle
operator's license issued by any State, bearing this applicant's photograph
and date of birth;
(2)
A State-issued identification
card bearing the applicant's photograph and date of birth;
(3)
An official and valid
passport issued by the United States of America;
(4)
An immigration card
issued by the United States of America;
(5)
Any other form of picture
identification issued by a governmental entity that is deemed reliable
by the City Administrator, or designated representative; or
(6)
Any other form of identification
deemed reliable by the City Administrator, or designated representative.
C.
Facilities Necessary.
1.
No adult business license to conduct a bath house or body painting
studio shall be issued unless an inspection by the Director, Clay
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:
a.
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.
b.
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 (1) 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.
c.
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.
2.
The Director, Clay 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 Administrator or designated representative;
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.
1.
Upon receipt of a complete application
for an adult business, manager, server or entertainer license, the
City Administrator, or designated representative, shall immediately
transmit one (1) copy of the application to the Chief of Police for
investigation of the application. In addition, the City Administrator,
or designated representative, shall transmit a copy of the application
to the Community Development Director and the City Administrator.
2.
It shall be the duty of the Police
Chief 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 Police Chief shall report the results of the investigation
to the City Administrator, or designated representative, not later
than ten (10) working days from the date the application is received
by the City Administrator, or designated representative.
3.
It shall be the duty of the Community
Development Director 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 Community
Development Director shall report the results of the investigation
to the City Administrator, or designated representative, not later
than ten (10) working days from the date the application is received
by the City Administrator, or designated representative.
4.
Upon receipt of the reports from
the Police Chief and Community Development Director, the City Administrator,
or designated representative, shall submit said reports to the City
Administrator for consideration, provided the license application
for an adult business, manager, server or entertainer license shall
be approved or disapproved within forty-five (45) days from the date
of filing of a completed application with the City Administrator's,
or designated representative's, office.
[R.O. 1991 § 670.080; Ord. No. 1519 § 670.080, 2-8-1994]
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 Administrator shall examine the application, and after such examination, the City Administrator shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to Section 670.090.
B.
The record of the City Administrator shall
show the action taken on the application, and if the license is granted,
the City Administrator shall direct the City Administrator, or designated
representative, 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.
[Ord. No. 2935-15, 10-20-2015]
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.
[R.O. 1991 § 670.090; Ord. No. 1519 § 670.090, 2-8-1994]
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.
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.
c.
The applicant's premises is located
within one hundred fifty (150) 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.
d.
In the case of an application for an adult business license for a business use defined in Section 670.020, definition of "adult business," Subsection (3)(b) or (c), described as adult entertainment cabaret, adult entertainment studio, adult encounter parlor, body painting studio, bath house or adult motel, the applicant's premises is located within three hundred (300) 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.
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 Administrator.
h.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 670.070 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.
The applicant is applying for a license
to operate a bath house 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 reason stated in Subsection (A)(1) above.
b.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 670.070 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.
[R.O. 1991 § 670.100; Ord. No. 1519 § 670.100, 2-8-1994; Ord. No. 3048-19, 10-15-2019]
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 managers, servers or entertainers
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 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-picture, 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.
Interior Observation And Display. No adult business will be conducted
in any manner that permits the observation or display of any material,
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.
5.
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.
6.
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, entertainer or patron 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 premise shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises (unless otherwise permitted pursuant to Chapter 600, Alcoholic Beverages, of the 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.
7.
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 SMITHVILLE.
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 breast, 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.
Not permitted to be nude, unclothed, or in less than 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.
Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage; or
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.
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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8.
Lighting Required. The 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) footcandle 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.
9.
Closed Booths Or Rooms Prohibited. The premises of all adult businesses
shall be physically arranged in such manner that the entire interior
portions of any booths, cubicles, rooms or stalls is visible from
a common area of the premises. Visibility shall not be blocked or
obscured by doors, curtains, drapes or any other obstructions whatsoever.
10.
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.
11.
Hours Of Operation. No adult business may be open or in use between the hours of 1:30 A.M. and 9:00 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. Sexually oriented businesses established hereafter are subject to the hours of operation set forth in Section 670.190.
[R.O. 1991 § 670.110; Ord. No. 1519 § 670.110, 2-8-1994]
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.
[R.O. 1991 § 670.120; Ord. No. 1519 § 670.120, 2-8-1994]
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 ensure persons under the age of eighteen (18) do not enter upon
the premises.
[R.O. 1991 § 670.130; Ord. No. 1519 § 670.130, 2-8-1994]
All adult businesses shall permit
representatives of the Police Department or any other 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.
[R.O. 1991 § 670.140; Ord. No. 1519 § 670.140, 2-8-1994]
A.
Whenever the City Administrator, or designated
representative, has information that:
[Ord. No. 2935-15, 10-20-2015]
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;
B.
Then the City Administrator, or designated
representative, shall make this information know 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:
1.
Suspend the license for up to ninety
(90) days.
2.
Revoke the license for the remainder
of the license year.
3.
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.
4.
Revoke the license indefinitely.
[R.O. 1991 § 670.150; Ord. No. 1519 § 670.150, 2-8-1994]
A.
A license may be renewed by making application
to the City Administrator, or designated representative, on application
forms provided for that purpose. Licenses shall expire on December
31 of each calendar year, and renewal applications for such licenses
shall be submitted between November 15 and November 30.
[Ord. No. 2935-15, 10-20-2015]
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.
[R.O. 1991 § 670.160; Ord. No. 1519 § 670.160, 2-8-1994]
Following the entry of an order by
the Board of Aldermen suspending or revoking a license issued pursuant
to this Chapter, or the City Administrator 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.
[R.O. 1991 § 670.170; Ord. No. 1519 § 670.170, 2-8-1994]
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.
[R.O. 1991 § 670.180; Ord. No. 1519 § 670.180, 2-8-1994]
The City Clerk 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.
[Ord. No. 3048-19, 10-15-2019]
In addition to the provisions of this Chapter above, sexually
oriented businesses established hereafter are also subject to the
provisions of Section 573.531, RSMo., to the extent the provisions
thereof are more restrictive than as otherwise set forth in this Chapter.
