[R.O. 2006 §660.005; Ord. No. 1447 §I, 10-19-2004]
It is the purpose of this Chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, morals
and general welfare of the citizens of the City of Warrenton, Missouri,
and to establish reasonable and uniform regulations to prevent the
deleterious location and concentration of sexually oriented businesses
within the City. The provisions of this Chapter have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is neither the intent nor effect of this Chapter to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this Chapter to condone or legitimize
the distribution of obscene materials.
[R.O. 2006 §660.010; Ord. No. 1447 §I, 10-19-2004]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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,
videos or other image-producing devices are maintained to show images
to five (5) or fewer persons per machine at any one time and where
the images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" or "specified
anatomical areas".
A commercial establishment that, as one (1) of its principal
business purposes, offers for sale or rental for any form of consideration
any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion picture, video cassettes or video reproductions, slides
or other visual representations that are distinguished or characterized
by the depicting or describing of "specified sexual activities" or
"specified anatomical areas", or
Instruments, devices or paraphernalia that are designed for
use in connection with "specified sexual activities".
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A principal business purpose exists if materials offered for
sale or rental depicting or describing "specified sexual activities"
or "specified anatomical areas" generate twenty percent (20%) or more
of the business's income or account for twenty percent (20%) or more
of inventory or occupy twenty percent (20%) or more of total floor
space. A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified
anatomical areas" and still be categorized as "adult bookstore" or
"adult video store". Such other business purposes will not serve to
exempt such commercial establishments from being categorized as an
"adult bookstore" or "adult video store" so long as one (1) of its
principal business purposes is the offering for sale or rental for
consideration the specified materials that depict or describe "specified
sexual activities" or "specified anatomical areas".
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A nightclub, bar, restaurant, cafe or similar commercial
establishment that regularly, commonly, habitually or consistently
features:
Persons who appear in a state of nudity or semi-nudity; or
Live performances that are distinguished or characterized by
the exposure of "specified anatomical areas" or by "specified sexual
activities"; or
Films, motion pictures, video cassettes, slides, photographic
reproductions or other image-producing devices that are distinguished
or characterized by the depiction or description of "specified sexual
activities" or "specified anatomical areas"; or
Persons who engage in "exotic" or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience
or customers.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions that are distinguished or characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas"; and has a sign visible from the public right-of-way that advertises
the availability of this adult type of photographic reproductions;
or
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than twenty-four (24) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly, commonly, habitually or consistently
shown that are distinguished or characterized by the depiction or
description of "specified sexual activities" or "specified anatomical
areas".
A theater, concert hall, auditorium or similar commercial
establishment that regularly, commonly, habitually or consistently
features persons who appear in person in a state of nudity and/or
semi-nudity and/or live performances that are distinguished or characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities".
The City Clerk of the City of Warrenton and such employee(s)
of the Clerk's department as he/she may designate to perform the duties
of the City Clerk under this Chapter.
A person who performs any service on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the person is denominated an employee, independent
contractor, agent or otherwise and whether or not the said person
is paid a salary, wage or other compensation by the operator of said
business. "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, nor
does "employee" include a person exclusively on the
premises as a patron or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business; or
A sexually oriented business or premises on which the sexually
oriented business is located.
A facility licensed by the State of Missouri, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than twelve (12) children under
fourteen (14) years of age, where such children are not related by
blood, marriage or adoption to the owner or operator of the facility,
for less than twenty-four (24) hours a day, regardless of whether
or not the facility is operated for a profit or charges for the services
it offers.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
A play, skit, opera, ballet, concert, comedy or musical drama.
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons for consideration.
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals or vulva with
less than a fully opaque covering; or a female breast with less than
a fully opaque covering of any part of the areola; or human male genitals
in a discernible turgid state even if completely and opaquely covered.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license pursuant to Section 640.020 of this Chapter;
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast,
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit
or other wearing apparel provided the areola is not exposed in whole
or in part.
A business or commercial enterprise that, as one (1) of its
principal business purposes, offers for any form of consideration:
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
Activities between persons of the opposite sex and/or persons
of the same sex when one (1) or more of the persons is in a state
of nudity or semi-nudity.
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A principal business purpose exists if the services offered
are intended to generate business income.
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An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio or sexual encounter center. Sexually
oriented business uses are classified as follows:
Any of the following offenses:
Prostitution or promotion of prostitution; dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; sexual assault; molestation of a child; or any similar sex-related
offenses to those described above under the criminal or penal code
of this State, other States or other countries.
For which:
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement imposed for
the last conviction, whichever is the later date, if the convictions
are for two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
Of a sexually oriented business means the increase in floor
areas occupied by the business by more than twenty-five percent (25%)
as the floor areas existed on October 19, 2004.
Of a sexually oriented business means and includes any of
the following:
The sale, lease or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
[R.O. 2006 §660.020; Ord. No. 1447 §I, 10-19-2004]
A.
It shall
be unlawful for any person to operate a sexually oriented business
without a valid sexually oriented business operator's license ("operator's
license") issued by the City Clerk pursuant to this Chapter.
B.
An application
for a sexually oriented business operator's license must be made on
a form provided by the City. The application must be accompanied by
a sketch or a diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared but must be drawn to
a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six (6) inches.
C.
All applicants
for a license must be qualified according to the provisions of this
Chapter. The application may request, and the applicant shall provide,
such information reasonably necessary (including fingerprints) to
enable the City to determine whether the applicant meets the qualifications
established under this Chapter. The applicant has an affirmative duty
to supplement an application with new information received subsequent
to the date the application was deemed completed.
D.
If a
person who wishes to own or operate a sexually oriented business is
an individual, he/she must sign the application for an operator's
license as applicant. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual who
has a ten percent (10%) or greater interest in the business must sign
the application for an operator's license as applicant. If a corporation
is listed as owner of a sexually oriented business or as the entity
that wishes to operate such a business, all corporate officers and
directors must sign the application for an operator's license as applicant.
E.
Applications
for an operator's license, whether original or renewal, must be made
to the City Clerk by the intended operator of the enterprise. Applications
must be submitted to the office of the City Clerk or the City Clerk's
designee during regular working hours. Application forms shall be
supplied by the City Clerk. The following information shall be provided
on the application form:
1.
The
name, street address (and mailing address if different) of the applicant(s);
2.
The
applicant's Social Security number and/or his/her State or Federally
issued tax identification number;
3.
The
name under which the establishment is to be operated and a general
description of the services to be provided;
4.
Whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 640.010 and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
5.
Whether
the applicant has had a previous license under this Chapter or other
similar sexually oriented business ordinance from another City or
County denied, suspended or revoked, including the name and location
of the sexually oriented business for which the business license was
denied, suspended or revoked, as well as the date of the denial, suspension
or revocation and whether the applicant is or has been a partner in
a partnership or an officer, director of a corporation that is or
was licensed under a sexually oriented business ordinance whose business
license has previously been denied, suspended or revoked, including
the name and location of the sexually oriented business for which
the business license was denied, suspended or revoked as well as the
date of denial, suspension or revocation;
6.
Whether
the applicant holds any other licenses under this Chapter or other
similar sexually oriented business ordinance from another City or
County and, if so, the names and locations of such ether licensed
businesses;
7.
The single classification of license, as found in Section 640.010, (see definition of "Sexually Oriented Business") for which the applicant is filing;
8.
The
telephone number of the establishment;
9.
The
address and legal description of the tract of land on which the establishment
is to be located;
10.
If
the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought
and the date on which the establishment began operations as a sexually
oriented business at the location for which the business license is
sought;
11.
If
the establishment is not in operation, the expected startup date (which
shall be expressed in number of days from the date of issuance of
the business license). If the expected startup date is to be more
than ten (10) days following the date of issuance of the business
license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement
of the owner's time schedule and plan for accomplishing the same;
12.
If
an applicant wishes to operate a sexually oriented business, other
than an adult motel, which shall exhibit on the premises, in a viewing
room or booth of less than one hundred fifty (150) square feet of
floor space, films, video cassettes, other video reproductions or
live entertainment which depict specified sexual activities or specified
anatomical areas, then the applicant shall comply with the application
requirements set forth in this Section.
F.
Each
application for an operator's license shall be accompanied by the
following:
1.
Payment
of the application fee in full;
2.
If the
establishment is a State of Missouri corporation, a certified copy
of the articles of incorporation, together with all amendments thereto;
3.
If the
establishment is a foreign corporation, a certified copy of the certificate
of authority to transact business in this State, together with all
amendments thereto;
4.
If the
establishment is a limited partnership formed under the laws of the
State of Missouri, a certified copy of the certificate of limited
partnership, together with all amendments thereto;
5.
If the
establishment is a foreign limited partnership, a certified copy of
the certificate of limited partnership and the qualification documents,
together with all amendments thereto;
6.
Proof
of the current fee ownership of the tract of land on which the establishment
is to be situated in the form of a copy of the recorded deed;
7.
If the
persons identified as the fee owner(s) of the tract of land in item
(6) is not also the owner of the sexually oriented business, then
the lease, purchase contract, purchase option contract, lease option
contract or other document(s) evidencing the legally enforceable right
of the owner(s) or proposed owner(s) of the sexually oriented business
to have or obtain the use and possession of the tract or portion thereof
that is to be used for the sexually oriented business;
8.
A current
certificate and straight-line drawing prepared within thirty (30)
days prior to application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually
oriented businesses within five hundred (500) feet of the property
to be certified; and the property lines of any established religious
institution/synagogue, school, public park or recreation area within
one thousand five hundred (1,500) feet of the property to be certified.
For purposes of this Section, a use shall be considered existing or
established if it is in existence at the time an application is submitted;
9.
Any
of items (2) through (8) above shall not be required for a renewal
application if the applicant states that the documents previously
furnished to the City Clerk with the original application or previous
renewals thereof remain correct and current.
[R.O. 2006 §660.030; Ord. No. 1447 §I, 10-19-2004]
A.
If application
is made for a sexually oriented business operator's license, the City
Clerk shall approve or deny issuance of the license within thirty
(30) days of receipt of the completed application. The City Clerk
shall issue a license to an applicant unless it is determined by a
preponderance of the evidence that one (1) or more of the following
findings is true:
1.
An applicant
has failed to provide the information reasonably necessary for issuance
of the license or has falsely answered a question or request for information
on the application form;
2.
An applicant
is under the age of eighteen (18) years;
3.
An applicant
has been denied a license by the City to operate a sexually oriented
business within the preceding twelve (12) months or whose license
to operate a sexually oriented business has been revoked within the
preceding twelve (12) months;
4.
An applicant
is overdue in payment to the City for taxes, fees, fines or penalties
assessed against or imposed upon him/her in relation to the sexually
oriented business for which license is sought or the property on which
the sexually oriented business is located or will be located;
5.
An applicant has been convicted of a "specified criminal activity" as defined in Section 640.010;
6.
The
premises to be used for the sexually oriented business have not been
approved by the Health Department, Building Department and Zoning
Department as being in compliance with applicable laws and ordinances,
if such approval is required under other Sections of this Chapter;
7.
The
license fee required under this Chapter has not been paid;
8.
An applicant
of the proposed establishment is in violation of or is not in compliance
with one (1) or more of the provisions of this Chapter.
B.
A license issued pursuant to Subsection (D) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the Section 640.010 classification (see definition of "Sexually Oriented Businesses") for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
C.
If so required under other Sections of this Chapter, the Health Department, Building Department and Zoning Department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the City Clerk. The certification shall be promptly presented to the City Clerk. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in Subsection (D). In the event the City Clerk fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.
D.
A sexually oriented business license shall issue for only one (1) classification as set forth in Section 640.010 (see definition of "Sexually Oriented Business").
E.
In the
event that the City Clerk determines that an applicant is not eligible
for a sexually oriented operator's license, the applicant shall be
given notice in writing of the reasons for the denial within thirty
(30) days of the receipt of the completed application by the City
Clerk, provided that the applicant may request, in writing at any
time before the notice is issued, that such period be extended for
an additional period of not more than ten (10) days in order to make
modifications necessary to comply with this Chapter.
F.
An applicant may appeal the decision of the City Clerk regarding a denial to the Board of Aldermen by filing a written notice of appeal with the City Clerk within ten (10) days after service of notice upon the applicant of the City Clerk's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Clerk may, within fifteen (15) days of service upon him/her of the applicant's memorandum, submit a responsive memorandum to the Board of Aldermen. After reviewing such memoranda, as well as the City Clerk's written decision, if any, and exhibits submitted to the City Clerk, the Board of Aldermen shall vote either to uphold or overrule the City Clerk's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City Secretary receives the notice of appeal. Judicial review of a denial by the City Clerk and Board of Aldermen may be made pursuant to Section 640.080 of this Chapter.
G.
A license issued pursuant to Subsection (D) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City Clerk that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 640.040.
H.
A business
existing and operating as a sexually oriented business at the time
of the adoption of this Chapter shall have seventy-five (75) days
in which to comply with the licensing provisions required herein.
[R.O. 2006 §660.040; Ord. No. 1447 §I, 10-19-2004]
The annual fee for a sexually oriented business operator's license,
whether new or renewal, is five hundred dollars ($500.00). These fees
are to be used to pay for the cost of the administration and enforcement
of this Chapter.
[R.O. 2006 §660.050; Ord. No. 1447 §I, 10-19-2004]
The Chief of Police, Health Inspector or any designated members
of the Police Department shall from time to time and at least twice
a year make an inspection of each "sexually oriented business" establishment
for the purposes of determining that the provisions of this Chapter
are complied with. Such inspections shall be made at reasonable times
and in a reasonable manner. It shall be unlawful for any permittee
to fail to allow such inspection officer access to the premises or
to hinder such officer in any manner.
[R.O. 2006 §660.060; Ord. No. 1447 §I, 10-19-2004]
A.
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 640.020. Application for renewal should be made at least thirty (30) days before the expiration date. When application is made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B.
When
the City Clerk denies renewal of a license, the applicant shall not
be issued a license for one (1) year from the date of denial.
[R.O. 2006 §660.070; Ord. No. 1447 §I, 10-19-2004]
A.
The City
Clerk shall suspend a license for a period not to exceed thirty (30)
days if he/she determines that licensee has:
1.
Violated
or is not in compliance with any Section of this Chapter;
2.
Operated
or performed services in a sexually oriented business while intoxicated
by the use of alcoholic beverages or controlled substances;
3.
Refused
to allow prompt inspection of the sexually oriented business premises
as authorized by this Chapter;
B.
The City
Clerk shall revoke a license if a cause of suspension occurs and the
license has been suspended within the proceeding twelve (12) months.
C.
The City
Clerk shall revoke a license if he/she determines that:
1.
A licensee
gave materially false or misleading information in the material submitted
during the application process;
2.
A licensee
was convicted of a "specified criminal activity" on a charge that
was pending prior to the issuance of the license;
3.
A licensee
has, with knowledge, permitted the possession, use or sale of controlled
substances on the premises;
4.
A licensee
has, with knowledge, permitted the sale, use or consumption of alcoholic
beverages on the premises;
5.
A licensee
has, with knowledge, permitted prostitution on the premises;
6.
A licensee
has, with knowledge, operated the sexually oriented business during
a period of time when the licensee's license was suspended;
7.
A licensee
has, with knowledge, permitted any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sexual conduct to occur in
or on the licensed premises;
8.
A licensee
is delinquent in payment to the City or State for any taxes, fees,
fines or penalties relating to the sexually oriented business or the
premises thereon;
9.
A licensee
has, with knowledge, permitted a person under eighteen (18) years
of age to enter or remain in the establishment;
10.
A
licensee has attempted to sell his/her business license or has sold,
assigned or transferred ownership or control of the sexually oriented
business to a non-licensee of the establishment; or
11.
A
licensee has, with knowledge, permitted a person or persons to engage
in specified sexual activities on the premises of the sexually oriented
business.
D.
When the City Clerk revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a license for one (1) year from the date revocation became effective. A licensee may appeal the revocation of a license to the Board of Aldermen in accordance with the procedure set forth in Section 640.030(F) or may seek direct judicial review pursuant to Section 640.080.
[R.O. 2006 §660.080; Ord. No. 1447 §I, 10-19-2004]
Within twenty-one (21) days of a denial of an initial or renewal
application by the City Clerk and Board of Aldermen or suspension
or revocation of a license by the City Clerk or his/her designee,
the applicant or licensee may seek judicial review of such administrative
action in any court of competent jurisdiction, State or Federal. The
administrative action shall then be reviewed by the court for a prompt
judicial determination.
[R.O. 2006 §660.090; Ord. No. 1447 §I, 10-19-2004]
A.
A licensee
shall not transfer his/her license to another, nor shall a licensee
operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application
and set forth in the operator's license.
B.
An operator's
license shall not be transferable from one location to another.
[R.O. 2006 §660.100; Ord. No. 1447 §I, 10-19-2004]
A.
Sexually
oriented businesses shall be allowed in any Industrial District, as
a "conditional use permit" provided that:
1.
The
sexually oriented business may not be operated within:
a.
Five
hundred (500) feet of a church, synagogue, mosque, temple or building
which is used primarily for religious worship and related religious
activities;
b.
Five
hundred (500) feet of a public or private educational facility including,
but not limited to, child day care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education school,
junior colleges and universities; school includes the school ground,
but does not include the facilities used primarily for another purpose
and only incidentally as a school;
c.
Five
hundred (500) feet of a public park or recreational area which has
been designated for park or recreational activities including, but
not limited to, a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, skating rink,
pedestrian/bicycle paths, wilderness areas or other similar public
land within the City which is under the control, operation or management
of the City park and recreation authorities;
d.
Five
hundred (500) feet of the property line of a lot zoned for residential
use and devoted to a residential use as defined in the Zoning Code;
or
e.
Five
hundred (500) feet of another sexually oriented business.
2.
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business that is classified in accordance with Section 640.010 (see definition of "Sexually Oriented Business").
3.
For
the purpose of this Chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted to the nearest
property line of the premises of a church, synagogue, regular place
of worship or public or private elementary or secondary school or
to the nearest boundary of an affected public park, residential district
or residential lot or licensed day care center.
[R.O. 2006 §660.110; Ord. No. 1447 §I, 10-19-2004]
A.
Any business
lawfully operating on the effective date of this Chapter that is in
violation of the location or structural configuration requirements
of this Chapter shall be deemed a non-conforming use. Such non-conforming
uses shall not be increased, enlarged, extended or altered except
that the use may be changed to a conforming use. If two (2) or more
sexually oriented businesses are within one thousand five hundred
(1,500) feet of one another and otherwise in a permissible location,
the sexually oriented business that was first established and continually
operated at a particular location is the conforming use and the later
established business(es) is non-conforming.
B.
A sexually
oriented business lawfully operating as a conforming use is not rendered
a non-conforming use by the location, subsequent to the grant or renewal
of the sexually oriented business license, of a church, synagogue
or regular place of religious worship, public or private elementary
or secondary school, licensed daycare center, public park or residential
district within one thousand five hundred (1,500) feet of the sexually
oriented business. This provision applies only to the renewal of a
valid business license and does not apply when an application for
a business license is submitted after an operator's license has expired
or has been revoked.
[R.O. 2006 §660.120; Ord. No. 1447 §I, 10-19-2004]
A.
It shall
be unlawful for an owner or operator of a sexually oriented business
to allow the merchandise or activities of the establishment to be
visible from a point outside the establishment.
B.
It shall
be unlawful for the owner or operator of a sexually oriented business
to allow the exterior portion of the sexually oriented business to
have flashing lights or any words, lettering, photographs, silhouettes,
drawings or pictorial representations of any manner except to the
extent permitted by the provisions of this Chapter.
C.
It shall
be unlawful for the owner or operator of a sexually oriented business
to allow exterior portions of the establishment to be painted any
color other than a single achromatic color. This provision shall not
apply to a sexually oriented business if the following conditions
are met:
1.
The
establishment is a part of a commercial multi-unit center; and
2.
The
exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
D.
Nothing
in this Section shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually oriented business.
[R.O. 2006 §660.130; Ord. No. 1447 §I, 10-19-2004]
A.
Notwithstanding
any other City ordinance, code or regulation to the contrary, it shall
be unlawful for the operator of any sexually oriented business or
any other person to erect, construct or maintain any sign for the
sexually oriented business other than the one (1) primary sign and
one (1) secondary sign as provided herein.
C.
Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner and may contain only the name of the
enterprise.
D.
Each
letter forming a word on a primary sign shall be of solid color and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E.
Secondary
signs shall have only one (1) display surface. Such display surface
shall:
[R.O. 2006 §660.140; Ord. No. 1447 §I, 10-19-2004]
A.
It shall
be unlawful to allow a person who is younger than eighteen (18) years
of age to enter or be on the premises of a sexually oriented business
at any time the sexually oriented business is open for business.
B.
It shall
be the duty of the operator of each sexually oriented business to
ensure that an attendant is stationed at each public entrance to the
sexually oriented business at all times during such sexually oriented
business's regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of eighteen (18) unless such attendant
asked for and was furnished:
[R.O. 2006 §660.150; Ord. No. 1447 §I, 10-19-2004]
No sexually oriented business, except for an adult motel and
a business that has a current/valid State liquor license, may remain
open at any time between the hours of 10:00 P.M. and 11:00 A.M. on
weekdays and Saturdays. No sexually oriented business shall open for
business or remain open for business on Sunday or any legal holiday
recognized by the State of Missouri.
[R.O. 2006 §660.160; Ord. No. 1447 §I, 10-19-2004]
A.
Any notice
required or permitted to be given by the City Clerk or any other City
office, division, department or other agency under this Chapter to
any applicant, operator or owner of a sexually oriented business may
be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license
or any notice of address change that has been received by the City
Clerk. Notices mailed as above shall be deemed given upon their deposit
in the United States mail. In the event that any notice given by mail
is returned by the postal service, the City Clerk or his/her designee
shall cause it be posted at the principal entrance to the establishment.
B.
Any notice
required or permitted to be given to the City Clerk by any person
under this Chapter shall not be deemed given until and unless it is
received in the office of the City Clerk.
C.
It shall
be the duty of each owner who is designated on the license application
and each operator to furnish notice to the City Clerk in writing of
any change of residence or mailing address.
[R.O. 2006 §660.170; Ord. No. 1447 §I, 10-19-2004]
A.
A person
who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing
room of less than one hundred fifty (150) square feet of floor space
a film, video cassette or other video reproduction that depicts specified
sexual activities or specified anatomical areas shall comply with
the following requirements:
1.
Upon
application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager's stations and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty-two (32) square feet of floor
area. The diagram shall also designate the place at which the business
license will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six (6) inches. The City
Clerk may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies
that the configuration of the premises has not been altered since
said diagram was prepared.
2.
The
application shall be sworn to be true and correct by the applicant.
3.
No alteration
in the configuration or location of a manager's station may be made
without the prior approval of the City Clerk or his/her designee.
4.
It is
the duty of the owners and operator of the premises to ensure that
at least one (1) employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
5.
The
interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager's station of the entire
area of the premises to which any patron is permitted access for any
purpose, excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two (2) or more manager's stations
designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of the entire
area of the premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations. The view
required in this Subsection must be by direct line of sight from the
manager's station.
6.
It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (A)(5) of this Section remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks or other object(s) shall obstruct from view of the manager's station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to Subsection (A)(1) of this Section.
7.
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than five (5.0) foot-candle
as measured at the floor level.
8.
It shall
be the duty of the operator, and it shall also be the duty of any
agents and employees present in the premises, to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
9.
No viewing
room or booth may be occupied by more than one (1) person at any time.
10.
No
opening of any kind shall exist between viewing rooms or booths.
11.
It
shall be the duty of the operator, and it shall also be the duty of
any agents and employees present in the premises, to ensure that no
more than one (1) person at a time occupies a viewing booths or rooms
and to ensure that no person attempts to make an opening of any kind
between the viewing booths or rooms.
12.
The
operator of the sexually oriented business shall, each business day,
inspect the walls between the viewing booths to determine if any openings
or holes exist.
13.
The
operator of the sexually oriented business shall cause all floor coverings
in viewing booths to be non-porous, easily cleanable surfaces, with
no rugs or carpeting.
14.
The
operator of the sexually oriented business shall cause all wall surfaces
and ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, non-porous, easily cleanable material. No wood, plywood,
composition board or other porous material shall be used within forty-eight
(48) inches of the floor.
[R.O. 2006 §660.180; Ord. No. 1447 §I, 10-19-2004]
A.
It is
a defense to prosecution under this Chapter that a person appearing
in a state of nudity did so in a modeling class operated:
1.
By a
proprietary school, licensed by the State of Missouri, a college,
junior college or university supported entirely or partly by taxation;
2.
By a
private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation.
B.
Notwithstanding
any other provision in this Chapter, movies rated G, PG, PG-13 or
R by the Motion Picture Association of America (MPAA) or live theatrical
performances with serious artistic, social or political value that
depict or describe specified anatomical areas or specified sexual
activities are expressly exempted from regulation under this Chapter.
[R.O. 2006 §660.190; Ord. No. 1447 §I, 10-19-2004]
A person who operates or causes to be operated a sexually oriented business without a valid operator's license or in violation of Section 640.020 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.
