[R.O. 1996 § 610.010; 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.
[R.O. 1996 § 610.020; 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:
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment, regardless of whether alcoholic beverages
are served, which regularly features persons who appear semi-nude.
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.
The bounds of the enclosure of an adult entertainment facility
that is licensed, or part of which is licensed, as a sexually oriented
business.
The Chief of Police of the City or his/her designee.
City of Grain Valley also known as the Board of Aldermen,
City of Grain Valley, Missouri.
Any person who:
Is allowed to enter a sexually oriented
business in return for the payment of an admission fee or any other
form of consideration or gratuity; or
Enters a sexually oriented business
and purchases, rents or otherwise partakes of any merchandise, goods,
entertainment or other services offered therein; or
Is a member of and on the premises
of a sexually oriented business as a private club.
Any person who renders any service whatsoever to the customer
of a sexually oriented business or who works in or about a sexually
oriented 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 a sexually oriented business.
Any person who provides adult entertainment within a sexually
oriented business, whether or not a fee is charged or accepted for
entertainment.
Any exhibition or dance of any type, pantomime, modeling
or any other performance.
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 sexually oriented business.
Any person operating, conducting or maintaining a sexually
oriented business.
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.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, governmental entity,
or other entity or group of persons, however organized.
Any area generally visible to public view and including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles, whether moving or not.
An adult bookstore or adult video store. "Adult bookstore" or
"adult video store" means a commercial establishment which, as one
of its principal business activities, offers for sale or rental for
any form of consideration any one or more of the following: books,
magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs,
slides, or other visual representations which are characterized by
their emphasis upon the display of specified sexual activities or
specified anatomical areas. A principal business activity exists where
the commercial establishment:
Has a substantial portion of its
displayed merchandise which consists of such items; or
Has a substantial portion of the
wholesale value of its displayed merchandise which consists of such
items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed are
characterized by their emphasis upon matter exhibiting specified sexual
activities or specified anatomical areas.
An adult cabaret;
An adult motion picture theater. "Adult motion picture theater"
means a commercial establishment where films, motion pictures, video
cassettes, slides, or similar photographic reproductions, which are
characterized by their emphasis upon the display of specified sexual
activities or specified anatomical areas are regularly shown to more
than five persons for any form of consideration;
A semi-nude model studio. "Semi-nude model studio" means a place
where persons regularly appear in a state of semi-nudity for money
or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where persons
appearing in a state of semi-nudity do so in a modeling class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
A sexual encounter center. "Sexual encounter center" means a
business or commercial enterprise that, as one of its principal purposes,
purports to offer for any form of consideration physical contact in
the form of wrestling or tumbling between two or more persons when
one or more of the persons is semi-nude.
Any of the following
The area where a customer or member would ordinarily be positioned
while watching an exhibition, performance or dance.
[R.O. 1996 § 610.030; 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 "sexually
oriented 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 sexually oriented
business.
C.
It shall be prima facie evidence that any
sexually oriented business that fails to have posted, in the manner
required by this Chapter, an "sexually oriented 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 a sexually oriented business in which a license is not posted,
in the manner required by this Chapter, had knowledge that such business
was not licensed.
[R.O. 1996 § 610.040; Ord. No. 844 § 16-106.4, 2-22-1993]
It shall be unlawful for any person
to work as an entertainer or manager at a sexually oriented 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.
[R.O. 1996 § 610.050; 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 1 through December
31. 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 a sexually
oriented business, and the fees for each, shall be as provided in
the comprehensive fee schedule.
C.
The classification of permits for a sexually
oriented business, and fees for each, shall be as provided in the
comprehensive fee schedule.
[R.O. 1996 § 610.060; Ord. No. 844 § 16-106.6, 2-22-1993]
A.
Sexually Oriented Business License. All
applications for a sexually oriented 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 (A)(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.
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 a sexually oriented 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 sexually oriented
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 and any additional information required by the City
of Grain Valley, Missouri, shall constitute an incomplete application,
and it shall not be processed.
[R.O. 1996 § 610.070; 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.
[R.O. 1996 § 610.080; Ord. No. 844 § 16-106.8, 2-22-1993]
A.
The license application of a sexually oriented
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.
[R.O. 1996 § 610.090; Ord. No. 844 § 16-106.9, 2-22-1993]
It shall be the duty of a sexually
oriented 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.
[R.O. 1996 § 610.100; 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."
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.
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 sexually oriented 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.
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.
[R.O. 1996 § 610.110; 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.
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 sexually oriented 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:
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.
[R.O. 1996 § 610.120; 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 a sexually oriented
business license is required.
2.
Any customer, while upon any premises
for which a sexually oriented 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 a sexually oriented
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.
[R.O. 1996 § 610.130; Ord. No. 844 § 16-106.13, 2-22-1993]
A.
Every person, corporation, partnership,
or association licensed under this Chapter as a sexually oriented
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.
[R.O. 1996 § 610.140; Ord. No. 844 § 16-106.14, 2-22-1993]
A.
An adult entertainment manager shall be
on duty at a sexually oriented 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.
[R.O. 1996 § 610.150; 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.
[R.O. 1996 § 610.160; Ord. No. 844 § 16-106.16, 2-22-1993]
The Chief of Police is hereby empowered
as the inspector of all sexually oriented 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.
[R.O. 1996 § 610.170; 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 a sexually
oriented 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 a sexually oriented business knew or
should have known that such violations were committed; or
3.
The sexually oriented business license
was obtained through false statements in the application for such
license, or renewal thereof; or
4.
The sexually oriented 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;
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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 sexually oriented 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.
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[R.O. 1996 § 610.180; 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;
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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.
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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.
[R.O. 1996 § 610.190; 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.
[R.O. 1996 § 610.200; 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 31 of each calendar year, and renewal applications for
such licenses or permit shall be submitted between December 16 and
December 31.
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.
[R.O. 1996 § 610.210; 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.
[R.O. 1996 § 610.220; 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.
[R.O. 1996 § 610.230; 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 and/or imprisoned as set forth in Section 100.110 of this Code. 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. 1996 § 610.240; 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.
