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City of Grain Valley, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 844 §16-106.1, 2-22-1993; Ord. No. 1317 §1, 3-13-2000]
A. 
The licenses provided for in this Chapter are subject to the general provisions of the City of Grain Valley ordinances and codes as set forth now and hereafter amended. In the event of a conflict between the provisions of this Chapter and other parts of the City ordinances or Codes, the provisions of this Chapter shall control.
B. 
The licenses and fees required by this Chapter shall be in addition to any other licenses and fees required by City ordinances or codes.
[Ord. No. 844 §16-106.2, 2-22-1993; Ord. No. 1317 §1, 3-13-2000]
For the purposes of this Chapter and unless the context plainly requires otherwise, the following definitions are adopted:
ADULT CABARET
An adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area which is designed for occupancy by more than five (5) persons, any live exhibition, performance or dance by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
ADULT ENTERTAINER ARCADE
An adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers, or members, in a viewing area or viewing areas which is/are designed for occupancy by no more than five (5) persons, any live exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by the exposure of any specified anatomical area, or by specified sexual activities, or who otherwise appear unclothed or in such attire, costume or clothing so as to expose to view specified anatomical areas.
ADULT ENTERTAINMENT BUSINESS
Any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, or for presenting video tapes or films predominately distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, and including adult cabaret facilities, and adult entertainer arcades (regardless of whether the theater, facility or arcade provides a live presentation, videotape, or film presentation), where the customers either:
1. 
Engage in personal contact with or allow personal contact by employees, devices or equipment or 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 covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.
ADULT ENTERTAINMENT FACILITY PREMISES
The bounds of the enclosure of an adult entertainment facility that is licensed, or part of which is licensed, as an adult entertainment business.
CHIEF OF POLICE
The Chief of Police of the City or his/her designee.
CITY
City of Grain Valley also known as the Board of Aldermen, City of Grain Valley, Missouri.
CUSTOMER
Any person who:
1. 
Is allowed to enter an adult entertainment business in return for the payment of an admission fee or any other form of consideration or gratuity; or
2. 
Enters an adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. 
Is a member of and on the premises of an adult entertainment business as a private club.
EMPLOYEE
Any person who renders any service whatsoever to the customer of an adult entertainment business or who works in or about an adult entertainment business and who receives compensation for such service or work from the operator or owner of the business or from customers therein. "Employee" includes managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment business, whether or not a fee is charged or accepted for entertainment.
ENTERTAINMENT
Any exhibition or dance of any type, pantomime, modeling or any other performance.
MANAGER
Any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity, including adult entertainment, occurring at any adult entertainment business.
OPERATOR
Any person operating, conducting or maintaining an adult entertainment business.
OWNER OR OWNERS
The proprietor, if a sole proprietorship; all partners (general and limited), if a partnership; or all officers, directors, and persons holding one percent (1%) or more of the outstanding shares, if a corporation.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity, or other entity or group of persons, however organized.
PUBLIC PLACE
Any area generally visible to public view and including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles, whether moving or not.
1. 
Uncovered or exposed:
a. 
Human genitals, pubic region or pubic hair; or
b. 
Buttock; or
c. 
Female breast or breasts below a point immediately above the top of the areola; or
d. 
Any combination of the foregoing; or
e. 
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; 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 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, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.
VIEWING AREA
The area where a customer or member would ordinarily be positioned while watching an exhibition, performance or dance.
[Ord. No. 844 §16-106.3, 2-22-1993]
A. 
It shall be unlawful for any person to operate or maintain an adult, entertainment business in the City unless the owner, operator or lessee thereof has obtained from the City of Grain Valley, Missouri, a license to do so, to be designated an "Adult Entertainment Business License", in addition to any other licenses required by the City, or to operate such business after such license has been revoked by the Board of Aldermen or while such license is suspended by the Chief of Police, pending review and further action by the Board of Aldermen, City of Grain Valley, Missouri.
B. 
It shall be unlawful for any entertainer, employee or manager to knowingly perform any service or entertainment directly related to the operation of an unlicensed adult entertainment business.
C. 
It shall be prima facie evidence that any adult entertainment business that fails to have posted, in the manner required by this Chapter, an "Adult Entertainment Business License", has not obtained such license. It shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business in which a license is not posted, in the manner required by this Chapter, had knowledge that such business was not licensed.
[Ord. No. 844 §16-106.4, 2-22-1993]
It shall be unlawful for any person to work as an entertainer or manager at an adult entertainment business without first having obtained from the City of Grain Valley, Missouri, a permit to do so, to be designated as an "Adult Entertainment Permit", or an "Adult Entertainment Manager's Permit", respectively, or to work as an entertainer or manager at such business after such person's permit has been revoked by the City of Grain Valley, Missouri, or while such person's permit is suspended by the Chief of Police pending review and further action by the City of Grain Valley, Missouri, Board of Aldermen.
[Ord. No. 844 §16-106.5, 2-22-1993]
A. 
The license or permit year for all fees required under this Chapter shall be from January first (1st) through December thirty-first (31st). The application for such license or permit shall be accompanied by payment in full of the fee stated in this Section, by certified or cashiers check or money order, and no application shall be considered complete until such fee is paid. Such fee shall not be refunded under any circumstances nor shall any "pro-rate" fee be acceptable. Said payment shall be made to the City of Grain Valley, Missouri.
B. 
The classification of licenses for an adult entertainment business, and the fees for each, shall be as follows:
1. 
Adult arcade license, two hundred ($200.00) per year.
2. 
Adult cabaret license, two hundred dollars ($200.00) per year.
C. 
The classification of permits for an adult entertainment business, and fees for each, shall be as follows:
1. 
Adult entertainment manager's permit, twenty dollars ($20.00) per year.
2. 
Adult entertainer's permit, twenty dollars ($20.00) per year.
[Ord. No. 844 §16-106.6, 2-22-1993]
A. 
Adult Entertainment Business License. All applications for an adult entertainment business license shall be submitted in the name of the person proposing to conduct or operate such adult entertainment on the premises and shall be signed by such persons and notarized. All applications shall be submitted on a form supplied and designed by the Chief of Police, and shall require the following in addition to any other requested information by the City of Grain Valley, Missouri.
1. 
The full name, permanent residence address (no post office boxes), home telephone number, date, City and State of birth and Social Security Number of the applicant, including a photostat of the social security card and operator's/driver's license of such applicant;
2. 
The business name, address and telephone number of the establishment;
3. 
The full names, residence address (no post office boxes), residence telephone numbers, social security numbers and photostat of the social security cards and operator's/driver's license, date, City and State of births of all partners, if applicant is a partnership; or if applicant is a corporation, of all corporate officers, shareholders and directors;
4. 
The above required information is also required (Subsection (3)) for all partners, corporate officers and directors of five (5) years immediately prior to date of application, even if any of them are no longer active;
5. 
A description of the adult entertainment or similar business history of the applicant, all partners or corporate officers, directors and shareholders; whether any such person or entity, in previously operating in this or any other City, County or State, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;
6. 
A description of the business, occupation, or employment of the applicant, or all partners, or of all corporate officers, directors and shareholders for the three (3) years immediately preceding the date of application;
7. 
A statement from the applicant; or of each partner; or from each corporate officer, director and shareholder; that each such person has not been convicted of, released from confinement for conviction of, any felony, misdemeanor or municipal ordinance violation listed in Section 610.070, during the respective time periods provided in that Section;
8. 
A full set of fingerprints and photographs, to be taken by the Chief of Police or his/her designee of the applicant, or of all partners, or of all corporate officers, directors and shareholders;
9. 
If the applicant is a corporation, a current certificate of good standing issued by the Missouri Secretary of State.
Failure to provide information required by this Subsection and any additional information required by the City of Grain Valley, Missouri, shall constitute an incomplete application, and it shall not be processed.
B. 
Manager's or Entertainer's Permit. All applications for an adult entertainment manager's permit or adult entertainer's permit shall be signed by the applicant and notarized. All applications shall be submitted on a form supplied by the Chief of Police and shall require the following in addition to any other requested information by the City of Grain Valley, Missouri.
1. 
The full name, residence address (no post office boxes), residence telephone number, date, City and State of birth, Social Security Number and photostat of the social security card, photostat of current operator's/driver's license, and all stage names or nicknames used in entertaining;
2. 
The name and address of each business at which the applicant intends to work as manager or entertainer, and an "intent to hire" statement from an adult entertainment business that is licensed in this City, or that has applied for a license in this City, under the provisions of this Chapter;
3. 
A list of all former employers, their addresses, City and State, and telephone number, in the adult entertainment business listing the dates of employment;
4. 
A statement from the applicant that he/she has not been convicted of, or released from confinement for conviction of, any felony, misdemeanor or municipal ordinance violation listed in Section 610.070, during the respective time periods provided in that Section;
5. 
A full set of fingerprints and photographs, to be taken by the Chief of Police or his/her designee, of the applicant;
6. 
The applicant shall present documentation that he/she has attained the age of eighteen (18) years. Any of the following shall be accepted as documentation of age:
a. 
A State-issued identification card bearing the applicant's photograph and date of birth.
b. 
An official passport issued by the United States of America.
c. 
An immigration card issued by the United States of America.
d. 
Any other picture identification with the date of birth issued by a governmental entity, upon approval of the Chief of Police.
e. 
Such other form of identification as the Chief of Police deems to be acceptable;
C. 
Failure to provide information required by this Section shall constitute an incomplete application and shall not be processed.
[Ord. No. 844 §16-106.7, 2-22-1993]
A. 
After an investigation, the City of Grain Valley, Missouri, shall issue the applicable license authorized by this Chapter if the City of Grain Valley, Missouri, upon recommendation by the Chief of Police finds:
1. 
That the business for which a license is required herein will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable Health, Zoning, Building Code, Fire and property maintenance ordinances of the City, as well as the requirements of this Chapter;
2. 
That the applicant, or any of his/her or its employees, agents, partners, directors, officers, shareholders or managers has not made any false, misleading or fraudulent statement of material fact in the application for license, or in any report or record required to be filed with the City of Grain Valley, Missouri, (as part of the original license application or application for renewal thereof);
3. 
That the applicant, and all of his/her employees, agents, partners, directors, officers, shareholders or managers of the applicant have attained the age of eighteen (18) years;
4. 
That the applicant, or any partner, or any corporate officer, director or shareholder; has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child, or pornography and related offenses, as defined in the Missouri Criminal Code, or similar statutes, or controlled substance or illegal drugs or narcotics offenses, as described in the Missouri Comprehensive Drug Control Act, or similar statutes, or has not been convicted of a municipal ordinance violation, or released from confinement for conviction of a municipal ordinance violation, whichever event is larger, within two (2) years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances or illegal drugs or narcotics.
5. 
That the applicant; or any partner, or any corporate officer, director or shareholder, has not had a license or permit issued under the provisions of this Chapter revoked within five (5) years immediately preceding the application.
B. 
After an investigation, the City of Grain Valley, Missouri, shall issue any applicable permit authorized by this Chapter if the City of Grain Valley, Missouri upon recommendation by the Chief of Police finds:
1. 
That the applicant has not made any false, misleading or fraudulent statement of a material fact in the application for a license, or in the providing of documentation of age (as part of the original permit application or application for renewal thereof);
2. 
That the applicant has attained the age of eighteen (18) years;
3. 
That the applicant has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of a misdemeanor, or released from confinement for conviction of a misdemeanor, whichever event is later, within two (2) years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses, as defined in the pornography and related offenses, as defined in the Missouri Criminal Code or similar statutes, or controlled substances or illegal drugs or narcotics offenses, as described in the Missouri Comprehensive Drug Control Act, or similar statutes, or has not been convicted of a municipal ordinance violation, or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances or illegal drugs or narcotics.
4. 
That applicant has not had a license or permit issued under the provisions of this Chapter revoked within five (5) years immediately preceding the application.
[Ord. No. 844 §16-106.8, 2-22-1993]
A. 
The license application of an adult entertainment business shall be approved or disapproved by the City of Grain Valley, Missouri, within sixty (60) days from the date of filing a completed application which complies with the requirements of this Chapter, unless applicant agrees in writing to an extension of such time period. It shall be the duty of the applicant to request, in writing, confirmation of zoning, building codes, fire, health, and property maintenance ordinance compliance from the appropriate City Departments, and the application shall not be considered complete until such requests are made. The response to such requests, confirming compliance or otherwise, shall be made in writing to the Chief of Police no more than twenty (20) days after receipt of the request. It shall be the duty of the Chief of Police to request criminal records and to investigate other information required by the license application. If a license application is disapproved by the City of Grain Valley, Missouri, the Chief of Police shall notify the applicant in person or by registered or certified mail to the applicant's last known address and shall state the basis for such disapproval.
B. 
The application for a manager's or entertainer's permit shall be approved or disapproved by the City of Grain Valley, Missouri, within thirty (30) days from the date of filing a completed application which complies with the requirements of this Chapter, unless the applicant agrees in writing to an extension of such time period. Pending approval or disapproval of a completed permit application, the manager or entertainer shall be provided by the City of Grain Valley, Missouri, a temporary permit to be a manager or entertainer. Such permit shall automatically expire and become null and void upon approval or disapproval of a permit. Any manager or entertainer issued a temporary permit shall comply with the provisions of this Chapter and such permit shall be withdrawn by the Chief of Police in the event the permittee violates any provisions of this Chapter. Additionally, any manager or entertainer issued a temporary permit shall be subject to the penalty provisions provided in this Chapter. It shall be the duty of the Chief of Police to request criminal records and to investigate other information required by the permit application. If a permit application is disapproved by the City of Grain Valley, Missouri, the Chief of Police shall notify the applicant, in person, or by registered or certified mail to the applicant's last known address and shall state the basis for such disapproval.
C. 
Any applicant aggrieved by the refusal of the City of Grain Valley, Missouri, to issue a license or permit under the provisions of this Chapter may seek a hearing to be conducted by the Board of Aldermen.
[Ord. No. 844 §16-106.9, 2-22-1993]
It shall be the duty of an adult entertainment business licensee to comply with the Building Codes, zoning, fire, health and property maintenance ordinances of the City and with regulations of such departments of the City. Knowing failure to continue compliance with such ordinances or regulations may be a basis for suspension, revocation, or non-renewal of the license.
[Ord. No. 844 §16-106.10, 2-22-1993]
A. 
The following standards of conduct must be adhered to by employees of any adult entertainer arcade while on the adult entertainment facility premises:
1. 
No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except when such entertainer or employee is separated from any and all customers by a window or other partition which is maintained free of holes or other structural openings which would permit physical contact between such entertainer and employee and any customer within the viewing area. However, a single opening in such window or partition, allowing for payment for entertainment, by a customer by the entertainer, shall be permitted, said opening measuring one (1) inch in height, commonly referred to as a "mail slot".
2. 
No employee or entertainer shall perform:
a. 
Any specified sexual activities; or
b. 
The displaying of any specified anatomical area; except as provided for in Subsection A(1) of this Section.
3. 
No employee or entertainer who is either not separated from any and all customers as provided in Subsection A(1) of this Section, or in an area of the premises not open to customers shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection A(1) of this Section.
4. 
No employee or entertainer shall knowingly touch any anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of such employee or entertainer; or no employee or entertainer shall knowingly fondle or caress any specified anatomical area of such employee or entertainer, whether such area is clothed, unclothed, covered or exposed.
5. 
No entertainer of any adult arcade shall be visible from any public place during the hours of his/her employment, or apparent hours of his/her employment, while such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
6. 
No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Chapter.
7. 
No entertainer shall receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer, as described in Subsection A(1) of this Section.
B. 
At any adult entertainer arcade, the following are required:
1. 
A sign, on which upper-case letters shall be at least two (2) inches high, and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance to the adult entertainer arcade and shall read as follows:
This adult entertainment business is regulated by the City of Grain Valley, Missouri.
Entertainers are:
a. 
Not permitted to engage in any type of sexual conduct on the premises, or in prostitution.
b. 
Not permitted to be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the pubic region, buttocks, and/or genitals, except when separated from customers by the window or partition between the entertainer and customers.
c. 
Not permitted to receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer, as set forth in Subsection A(1), of this Section.
2. 
Neither any entertainment, nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
3. 
The premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place which customers are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
[Ord. No. 844 §16-106.11, 2-22-1993]
A. 
The following standards of conduct must be adhered to by employees of any adult cabaret while on the adult entertainment facility premises:
1. 
No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, unless separated at least six (6) feet from the nearest customer and upon a stage at least eighteen (18) inches above the immediate floor level.
2. 
No employee or entertainer shall perform:
a. 
Any specified sexual activities.
b. 
The displaying of any specified anatomical area; except as provided for in Subsection A(1) of this Section.
3. 
No employee or entertainer who is not separated from any and all customers as provided in Section 610.100 A(1) shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Section 610.100 A(1), except in the area of the premises not open to customers.
4. 
No employee or entertainer shall knowingly touch any specified anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of such employee or entertainer; or no employee or entertainer shall knowingly fondle or caress any specified anatomical clothed, unclothed, covered or exposed, or knowingly permit another person to fondle or caress any specified anatomical area of such employee or entertainer, whether such area is clothed, unclothed, covered or exposed.
5. 
No employee or entertainer shall wear or use any device or covering exposed to view which simulates any specified anatomical area.
6. 
No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this Section.
7. 
No entertainer of any adult cabaret shall be visible from any public place during the hours of his/her employment, or apparent hours of his/her employment, while such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
8. 
No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Chapter.
9. 
No entertainer shall receive any payment or gratuity from any customer for entertainment, except as follows:
a. 
While such entertainer is on stage as provided in Section 610.100, a customer may place such gratuity or payment into a box affixed to such stage; or
b. 
While such entertainer is not on such stage, and is clothed so as to not expose to view any specified anatomical part, a customer 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.
B. 
At any adult cabaret, the following are required:
1. 
A sign, on which upper-case letters shall be at least two (2) inches high, and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance of the premises, and shall read as follows:
This adult entertainment business is regulated by the City of Grain, Valley, Missouri.
Entertainers are:
a. 
Not permitted to engage in any type of sexual conduct on the premises, or in prostitution;
b. 
Not permitted to be unclothed or in such less than opaque or complete 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, unless separated at least six (6) feet from the nearest customer and upon a stage at least eighteen (18) inches above the immediate floor level.
c. 
Not permitted to demand or collect any payment, or gratuity from any customers for entertainment except as follows:
(1) 
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage; or
(2) 
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.
2. 
Neither any entertainment, nor any photograph, drawing, sketch or other pictorial or graphic representation thereof displaying any specified anatomical area shall be visible from a public place.
3. 
The premises 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 (1.0) footcandle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
[Ord. No. 844 §16-106.12, 2-22-1993]
A. 
It shall be unlawful for:
1. 
Any person under the age of eighteen (18) years to be in or upon any premises for which an adult entertainment business license is required.
2. 
Any customer, while upon any premises for which an adult entertainment business license is required, to:
a. 
Knowingly touch any specified anatomical area of any employee, entertainer, or any other person or to knowingly fondle or caress any specified anatomical, area, whether such area is clothed, unclothed, covered or exposed, of any employee, entertainer or any other person; or
b. 
Be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except in a restroom for customers upon the premises; or
c. 
Perform any specified sexual activities.
3. 
Any owner, operator, manager, or other person in charge of a premises for which an adult entertainment business license is required, to:
a. 
Knowingly permit or allow any person under the age of eighteen (18) years to be in or upon such premises; or
b. 
Knowingly allow or permit alcoholic beverages, as defined in the City ordinances of Grain Valley, Missouri, and the Missouri Revised Statutes, to be brought onto or consumed on the premises; or
c. 
Knowingly allow or permit the sale, distribution, or delivery of any controlled substance or illegal drug or narcotic on the premises; or
d. 
Knowingly allow or permit any act of prostitution, or patronizing prostitution, on the premises.
[Ord. No. 844 §16-106.13, 2-22-1993]
A. 
Every person, corporation, partnership, or association licensed under this Chapter as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises.
B. 
Every adult entertainer or adult entertainment manager shall post his/her permit in his/her work area on the adult entertainment facility premises so it shall be readily available for inspection by any law enforcement representative or appropriate City representative responsible for enforcement of this Chapter. If the permit is a temporary permit, the form of identification presented as part of the application for such permit shall be stated by the Chief of Police on the face of such permit, and such identification must be on file with the adult entertainment manager on duty at any time such temporary permittee shall be working on the premises.
[Ord. No. 844 §16-106.14, 2-22-1993]
A. 
An adult entertainment manager shall be on duty at an adult entertainment business at all times adult entertainment is being provided or that customers are on the premises. 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 within the premises possesses a current valid adult entertainer's permit, and that such permit is posted in the manner required by this Chapter.
[Ord. No. 844 §16-106.15, 2-22-1993]
It shall be unlawful for any adult cabaret to be conducted, operated, or otherwise open to the public, customers, or members between the hours of 1:30 A.M. and 6:00 A.M.
[Ord. No. 844 §16-106.16, 2-22-1993]
The Chief of Police is hereby empowered as the inspector of all adult entertainment businesses and all such businesses shall be open to inspections of the Chief of Police or other inspectors representing the City, at any time during the hours allowed for business and at other reasonable time.
[Ord. No. 844 §16-106.17, 2-22-1993]
A. 
Whenever the City of Grain Valley, Missouri, has information that:
1. 
The owner or operator of an adult entertainment business has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Chapter; or
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 entertainment business knew or should have known that such violations were committed; or
3. 
The adult entertainment business license was obtained through false statements in the application for such license, or renewal thereof; or
4. 
The adult entertainment business licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
5. 
The owner or operator, or any partner, or any corporate officer, director, or shareholder, has become disqualified from having a license by a conviction as provided in this Chapter;
Then the City of Grain Valley, Missouri, Board of Aldermen, shall hold a hearing in the manner provided in this Chapter to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address. In the event that the City of Grain Valley, Missouri, is not able to serve notice upon the licensee in person, and any notice sent by mail is returned by the postal service, the City of Grain Valley, Missouri, shall cause such notice to be posted at the principal entrance of the adult entertainment business or facility, and such posting shall be a valid means of service. If the City of Grain Valley, Missouri, finds and concludes from the evidence that the licensee has violated any of the above provisions, the City of Grain Valley may suspend, for a period not to exceed ninety (90) days, or revoke the license issued hereunder, or in the case of renewal application, refuse to renew such license. The Chief of Police may temporarily suspend said license pending hearing and review by the City of Grain Valley, Board of Aldermen, said suspension to be not longer than thirty (30) days on a temporary basis.
[Ord. No. 844 §16-106.18, 2-22-1993]
A. 
Whenever the City of Grain Valley, Missouri, has information that:
1. 
An adult entertainment manager has violated, or knowingly allowed or permitted the violation of any of the provisions of this Chapter; or
2. 
While acting as an adult entertainment manager, there have been recurrent violations of provisions of this Chapter that such adult entertainment manager knew or should have known that such violations were committed; or
3. 
An adult entertainer has violated any of the provisions of this Chapter; or
4. 
A permit received by any person under the provisions of this Chapter was obtained through false statements in the application for such permit, or renewal thereof; or
5. 
A permittee has become disqualified from having a permit by a conviction as provided in this Chapter;
Then the City of Grain Valley, Missouri, shall hold a hearing in the manner provided in this Chapter to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the permittee and shall be served upon the permittee in person or by registered or certified mail to the permittee's last-known address.
B. 
If the City of Grain Valley, Missouri, finds and concludes from the evidence that the permittee has violated any of the above provisions, the City of Grain Valley, Missouri, may suspend, for a period not to exceed ninety (90) days, or revoke the permit issued hereunder, or in the case of a renewal application, refuse to renew such permit. The Chief of Police may temporarily suspend said permit pending hearing and further review by the City of Grain Valley, Missouri, said suspension to be not longer than thirty (30) days on a temporary basis.
[Ord. No. 844 §16-106.19, 2-22-1993]
A. 
In any instance in this Chapter wherein a hearing is required, the City of Grain Valley, Missouri, shall, after not less than ten (10) days written notice to the applicant, licensee or permittee, hold such hearing to ascertain all facts in the matter. The City Attorney shall represent the City of Grain Valley, Missouri, and assist the Chief of Police who shall present all evidence in support of said action.
B. 
An applicant, or licensee, or permittee shall have full right to be represented by counsel, to produce witnesses and other evidence, and to cross-examine all witnesses who appear against him/her. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The City of Grain Valley, Missouri, may receive evidence relevant to the issues from the applicant, licensees or from other sources. Witnesses may be subpoenaed, and upon request of any party, the City of Grain Valley, Missouri, shall issue subpoenas, and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in the Circuit Court.
C. 
The City of Grain Valley, Missouri, shall issue findings of fact and conclusions of law, and an order wherein it may dismiss the complaint, or suspend or revoke a license or permit, previously issued, or renew or refuse to renew a license or permit previously issued. The City of Grain Valley, Missouri's order shall be served upon the applicant or licensee, or permittee in person or by registered or certified mail to the applicant's or licensee's, or permittee's last-known address. In the event that the City of Grain Valley, Missouri, is not able to serve such order upon the licensee, or applicant for renewal license, in the manner stated above, such order may be served in the manner provided in Section 610.170.
[Ord. No. 844 §16-106.20, 2-22-1993]
A. 
A license or permit may be renewed by making application to the City of Grain Valley, Missouri, on application forms provided for that purpose. Licenses and permits shall expire on December thirty-first (31st) of each calendar year, and renewal applications for such licenses or permit shall be submitted between December sixteenth (16th) and December thirty-first (31st).
B. 
Upon a timely application thereof, a license issued under the provisions of this Chapter shall be renewed by issuance of a new license in the manner provided by this Chapter, unless the City of Grain Valley, Missouri, disapproves such renewal application in the manner provided in this Chapter. However, an applicant for a renewal license shall have no duty to request confirmation of compliance with other City ordinances as required in this Chapter, and no inspections by other City Departments shall be required unless requested by the City of Grain Valley, Missouri.
C. 
Upon a timely application therefor, a permit issued under the provisions of this Chapter shall be renewed by issuance of a new permit in the manner provided in this Chapter unless the City of Grain Valley, Missouri, disapproves such renewal application in the manner provided in this Chapter.
D. 
Upon the filing of a timely application for renewal of a license or permit issued under the provisions of this Chapter, the City of Grain Valley, Missouri, shall issue a temporary license or permit to the applicant, which temporary license or permit shall remain in effect until the City of Grain Valley, Missouri, has approved the application.
E. 
If a hearing is held as required by this Chapter, the temporary license or permit shall remain in effect until the City of Grain Valley, Missouri, has issued an order following such hearing. However, if the hearing required by this Chapter is delayed at the request of the applicant, the temporary license or permit issued under the provisions of this Subsection shall expire as of the date such hearing was scheduled by the City of Grain Valley, Missouri, unless the applicant shows good cause for such delay.
F. 
Any applicant issued a temporary license or permit under the provisions of this Section shall comply, or continue to comply with the provisions of this Chapter. Additionally, an applicant issued a temporary license or permit under the provisions of this Section shall be subject to the penalty provisions provided in this Chapter.
G. 
If the applicant for renewal of a license or permit is not made during the time provided in Subsection (A) of this Section, the expiration of such license or permit shall not be affected, and a new application shall be required.
[Ord. No. 844 §16-106.21, 2-22-1993]
Following the entry of an order by the City of Grain Valley, Missouri, suspending or revoking a license or permit, or disapproving the application or renewal application for a license or permit, such licensee, permittee, or applicant may seek judicial review in a manner provided by law. The City of Grain Valley, Missouri, 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.
[Ord. No. 844 §16-106.22, 2-22-1993]
Nothing contained in this Chapter shall preclude the informal disposition of contested cases by stipulation, consent order, or default, or by agreed settlement.
[Ord. No. 844 §16-106.23, 2-22-1993]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or be punished by imprisonment, or both such fine and imprisonment. Each days violation of, or failure, refusal, or neglect to comply with, any provision of this Chapter shall constitute a separate and distinct offense.
[Ord. No. 844 §16-106.24, 2-22-1993]
The City of Grain Valley, Missouri, shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the provisions of this Chapter and which are not inconsistent with the provisions of this Chapter.