[Ord. No. 03-029 §1, 9-8-2003; Ord. No. 04-019 §1, 8-23-2004; Ord. No. 001-2011 §1, 2-14-2011]
The following definitions shall govern the interpretations of this Chapter.
ADULT
Persons who have attained the age of twenty-one (21) years.
ADULT ENTERTAINMENT
Any live or recorded exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, massaging, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of the human genitals, pubic region, vulva, pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola or nipple or the human male genitals in a discernibly erect state, even if completely and opaquely covered to include, but not limited to, establishments commonly known as gentlemen's clubs, juice bars, and adult bookstores, etc.
ADULT ENTERTAINMENT ESTABLISHMENT
Any establishment, including, but not limited to, adult bookstores, adult stores, adult motion picture theaters, adult mini motion picture theaters or establishments providing live dancers or models, having as a material portion of its business the offering of entertainment, stock in trade or materials, scenes or other presentations characterized by emphasis on depiction or descriptions of "specified sexual activities" or "specified anatomical areas" as herein defined.
DISPLAY
1. 
To expose in whole or in part; or
2. 
To permit an unfolding, viewing or examination.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render services directly related to the operation of an adult entertainment establishment or sexually oriented business, including any clerk, entertainer, server, manager, cashier, bouncer, bartender or other persons hired by owners or their agents to perform services at an adult entertainment establishment or sexually oriented business during business hours.
ENTERTAINER
Any person who provides adult entertainment within adult entertainment premises as defined in this Section whether or not a fee is charged or accepted for entertainment.
EXPLICIT SEXUAL MATERIAL
1. 
Any picture, photograph, or other pictorial representation that depicts actual or simulated "specified sexual activities"; or
2. 
Any portion of a book, magazine, newspaper or other printed or written material; or any video tape, DVD, or any other recorded medium whose content is made ups in whole or in dominant part of depictions or descriptions of "specified sexual activities" or "specified anatomical areas".
KNOWINGLY
Having knowledge of the character and content of any material described herein or failure on notice to exercise reasonable inspection, which would disclose the content and character of the same.
MANAGER
Any person who manages, directs, administrates or is in charge of the affairs and/or conduct of any portion of any activity at an adult entertainment establishment.
MATERIAL
Any book, magazine, or other printed or written material, or any picture, drawing, photograph, videotape, or other pictorial representation, figure, object or article.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola, or the showing of the covered male genitals in a discernable turgid state.
OPERATOR
Any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon one (1) person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SERVER
Any person who serves food or drink at an adult entertainment business or adult entertainment establishment.
SEXUALLY ORIENTED BUSINESS
Any business enterprise that:
1. 
Has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with "specified sexual activities", or that emphasize matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or
2. 
Has one (1) of the following as a regular and substantial business purposes: the providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or the providing of services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities" ancillary to other pursuits.
3. 
The definition of "sexually oriented business" also includes, but is not limited to, any and all of the following as defined herein:
a. 
"Adult retail establishments" means an establishment that has as a regular and substantial business purpose, offers for sale or rent any one (1) or more of the following instruments, devices, gifts, or paraphernalia that are designed for use in connection with "specified sexual activities" or clothing that graphically depicts "specified anatomical areas" or any materials, such as printed materials, photographs, slides, films, videotapes or DVD, sold or rented in an adult bookstore, adult news rack, or adult newsstand that are characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
b. 
"Adult entertainment business" means any establishment to which the general public, patrons or members are invited or admitted and wherein an entertainer provides "adult entertainment" as defined herein. These establishments include, but are not limited to, adult theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlors, and body painting studios.
c. 
"Adult motion picture theater" means an establishment containing a room that seats facing a screen or projection areas, where a regular and substantial portion of its business is the exhibition to customers of films, videotapes, or other such devices that are intended to provide sexual stimulation or sexual gratification to the customers and that are distinguished by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".
d. 
"Bathhouse" means an enterprise where a regular and substantial portion of its business is offering baths with other persons present who are nude or displaying "specified anatomical areas".
e. 
"Adult motel" means an enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, videotapes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and rents room accommodations for less than six (6) hours at a time.
SPECIFIED ANATOMICAL AREAS
Those areas of the human body specified in the definition of "nudity" above.
SPECIFIED SEXUAL ACTIVITIES
1. 
Human genitals in a state of sexual stimulation or arousal;
2. 
Acts of human masturbation, sexual intercourse or sodomy; or
3. 
Fondling or other erotic touching of the human genitals, pubic region, buttock or the female breast.
[Ord. No. 001-2011 §2, 2-14-2011]
A. 
Display. It is unlawful for a person knowingly to:
1. 
Display any explicit sexual material or sadomasochistic abuse at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
2. 
Permit or authorize the display of any explicit sexual material or sadomasochistic abuse at newsstands or any other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public; or
When requested by the Police Department of the City, to fail to promptly remove from display from property in his possession or under his control any explicit sexual material or sadomasochistic abuse at newsstands or other business establishments frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public.
B. 
Removal. Where it appears that this Chapter or any part of this Chapter is being or about to be violated, the Mayor or City Attorney of the City of Herculaneum may commence and maintain, in the name of the City, an action in the Circuit Court to enjoin the display of any explicit sexual material. No provisions of this Section shall be construed to prohibit the prosecution for violation of the provisions of this Section in the Municipal Court.
C. 
Penalty. Any person violating this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than two hundred dollars ($200.00) or be imprisoned in jail for not less than five (5) days or be punished by both such fine and imprisonment or be fined not more than five hundred dollars ($500.00) or be imprisoned in jail for not more than sixty (60) days or be so punished by both such fine and imprisonment.
D. 
Employees. No employee of any business responsible for selling or renting sexually explicit material shall be less than eighteen (18) years of age.
E. 
Restrictions. Nothing in this Chapter shall be construed so as to prohibit or restrict any political subdivision or any department, agency, office or facility thereof, or any employee or agent thereof when engaged in the performance of his official duties, or any person in the conduct of a legitimate activity for bona fide educational, scientific or medical purposes.
[Ord. No. 03-029 §2, 9-8-2003; Ord. No. 04-019 §2, 8-23-2004; Ord. No. 001-2011 §3, 2-14-2011]
A. 
Age Restriction. Only adults as herein defined shall be permitted on the premises of any adult entertainment establishment as herein defined.
B. 
Exterior Display. No establishment, including an adult entertainment establishment, shall be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance, or any material or persons depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
C. 
Live Nudity Prohibited. No person shall be permitted to appear live in any establishment, including an adult entertainment establishment, in a state of nudity as defined in this Chapter.
D. 
Protective Barrier Required. Any establishment, including an adult entertainment establishment, engaging in the display or performance of live models or dancers in an erotic manner shall not permit patrons within ten (10) feet of the performance and shall in addition erect a barrier from floor to ceiling of sufficient strength to prevent patrons from entering the performance area or touching the performers in any manner. No establishment, including an adult entertainment establishment, shall permit a live erotic performance in an area not isolated by the barrier described above.
E. 
Erotic Touching Prohibited. No person in an adult entertainment establishment shall be permitted to place his or her hand or hands upon, touch with any part of his or her body, fondle in any manner or massage the breast, buttocks, genitals or pubic area of any other person, whether or not such sexual or genital part of such other person is covered or clothed and whether such person is employed by the establishment or is a patron thereof.
F. 
Tipping Prohibited. No person in an adult entertainment establishment shall be permitted to tip any entertainer, performer, dancer or model.
G. 
Signs Required. All adult entertainment establishments providing live dancers or models shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which upper case letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which shall read as follows:
"THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED AND LICENSED BY THE CITY OF HERCULANEUM, MISSOURI."
ENTERTAINERS ARE:
* Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
* Not permitted to be nude, unclothed or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks and/or genitals.
* Not permitted to demand or collect any payment or gratuity from any customer for entertainment.
CUSTOMERS ARE:
* Not permitted to be upon the stage at any time.
* Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
* Not permitted to offer to pay any gratuity or tip to any entertainer, performer, dancer or model.
H. 
Hours Of Operation. No adult entertainment establishment or sexually oriented business may be open or in use between the hours of 1:00 A.M. and 9:00 A.M. on any day other than Sunday when the business may not be open between the hours of 1:00 A.M. and 12:00 Noon.
I. 
Manager On Premises. A manager shall be on duty at any adult entertainment establishment at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours. The manager shall have the following duties:
1. 
To verify that all employees are adults within the definitions of this Chapter.
2. 
To insure that persons under the age of twenty-one (21) years do not enter upon the premises.
[Ord. No. 03-029 §3, 9-8-2003; Ord. No. 04-019 §3, 8-23-2004; Ord. No. 001-2011 §4, 2-14-2011]
A. 
Intent Of Section. The special provisions of this Section are intended to regulate the location of adult entertainment establishments and sexually oriented businesses, as herein defined, by specifying districts in which such uses may be permitted and requirements for spatial separation of such uses. Nothing in this Chapter shall be construed or interpreted to permit adult entertainment establishments or sexually oriented businesses in areas other than those set forth herein.
1. 
Adult entertainment establishments and sexually oriented businesses are hereby acknowledged to have special characteristics and impacts upon their surroundings and upon the use and enjoyment of adjacent property. It is the intent of these regulations to provide for the confinement of adult entertainment establishments and sexually oriented businesses to those industrial areas in which these special impacts are judged to be least disruptive to the use and enjoyment of adjacent properties. These regulations are further intended to require that adult entertainment establishments and sexually oriented businesses shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any industrial area.
2. 
These regulations are further intended to protect and balance lawful rights of expression with other lawful rights to the enjoyment and use of property and are made with full consideration of legal and constitutional issues heretofore adjudicated.
3. 
The provisions of this Section shall govern the location and spatial separation of adult entertainment establishments and sexually oriented businesses in industrial districts, and no such regulated use, as defined, may be permitted except in conformance with these provisions.
B. 
Location And Spatial Separation Regulations. Adult entertainment establishments and sexually oriented businesses, as herein defined, are hereby declared to be regulated uses according to this Chapter and their location and spatial separation shall be governed by rules as follows:
1. 
Adult entertainment establishments and sexually oriented businesses may be located upon any industrially zoned property but not within one thousand (1,000) feet of any residentially zoned property;
2. 
No adult entertainment establishment or sexually oriented business shall be allowed to locate or expand within one thousand (1,000) feet of any other adult entertainment establishment or sexually oriented business or of any business licensed to sell or serve alcoholic beverages as defined by the Code of Ordinances of Herculaneum, Missouri, whether or not the business is also an adult entertainment establishment or sexually oriented business as defined herein; and
3. 
No adult entertainment establishment or sexually oriented business shall be allowed to locate or expand within one thousand (1,000) feet of any school, religious institution, hospital, public park, public library, or licensed child care center.
C. 
Measurement Of Distance.
1. 
The distance between any two (2) adult entertainment establishments or sexually oriented businesses or between any adult entertainment establishment or sexually oriented business and a business selling or serving alcoholic beverages shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.
2. 
The distance between any adult entertainment establishment or sexually oriented business and any religious institution, school or public park, or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, school or public park or the property zoned for residential use.
[Ord. No. 03-029 §4, 9-8-2003; Ord. No. 04-019 §4, 8-23-2004; Ord. No. 001-2011 §5, 2-14-2011]
A. 
Regulations And Requirements.
1. 
Areas to be open to view. The premises of any building used as an adult motion picture theater (said term being defined within the definition of "sexually oriented business") or an adult mini motion picture theater shall be constructed, located and maintained so that the entire interior portions of any booths, cubicles, rooms or stalls are visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
2. 
Lighting required. The premises of such theaters shall be so lighted at all times with illumination of not less than one (1) foot-candle as measured at the floor level.
3. 
Occupancy by more than one (1) person prohibited. No cubicle, room or booth used for the purpose of private viewing of movies or video films or pictures of specified sexual activity or of specified anatomical areas shall be occupied at any time by more than one (1) person.
B. 
Duties Of Owners And Operators.
1. 
The owner or operator of any adult motion picture theater or adult mini motion picture theater shall cause to be posted in a conspicuous place at the entrance to each room, booth or cubicle used for the purpose of private viewing in such theater a legible written notice of the provisions of this Chapter prohibiting more than one (1) person from occupying such room, booth or cubicle at any one time and, in addition, stating that sexual activity, homosexual activity or any deviant sexual intercourse is prohibited in such theater.
2. 
No owner or operator of any adult motion picture theater or adult mini motion picture theater, nor any person employed by such owner or operator in such theater, shall knowingly allow or permit any person to solicit for or engage in any form of sexual behavior on the premises of such theater.
[Ord. No. 03-029 §5, 9-8-2003; Ord. No. 04-019 §5, 8-23-2004; Ord. No. 001-2011 §6, 2-14-2011]
A. 
It shall be unlawful for any person to operate or maintain an adult entertainment establishment or sexually oriented business in the City unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the City, or to operate such business after such license has been revoked or suspended by the City.
B. 
It shall be unlawful for any person to knowingly work as an entertainer, server or manager at an adult entertainment establishment or sexually oriented business unless said business is licensed in the City.
C. 
It shall be prima facie evidence that any adult entertainment establishment or sexually oriented business that fails to post the required adult entertainment business license in the manner prescribed herein shall be operating unlawfully. In addition, it shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment establishment or sexually oriented business in which an adult business license is not posted as specified herein shall have knowledge that such business is not licensed.
D. 
Any licensed adult entertainment establishment or sexually oriented business shall be deemed to have consented to a periodic inspection of the business premises by appropriate City Officials. This inspection shall take place during hours when such adult entertainment establishment or sexually oriented business is open to the public, unless otherwise requested by the adult entertainment establishment or sexually oriented business, and shall not unreasonably interfere with the conduct of such business. It shall be unlawful for any licensee to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
E. 
Supervision. An adult entertainment business licensee shall have the premises supervised at all times when open for business. The licensee shall personally supervise the business and shall not violate or permit others to violate any applicable provision of this Chapter. The violation of any such provision by any agent or employee of the licensee shall constitute a violation by the licensee.
F. 
Duties Of Business Licensee. All adult entertainment business licensees under the provisions of this Chapter shall keep and maintain on their premises a current register of all their employees showing such employee's name, address, age, sex and duties. Such register shall be open to inspection at all reasonable times by any duly authorized officer of the City.
G. 
Transfer Of Licenses — Other Licenses And Fees.
1. 
Adult entertainment business licenses are not transferable and such authority as a license confers shall be conferred only to the licensee named therein.
2. 
Any applications made, fees paid and licenses obtained under the provisions of this Chapter shall be in addition to and not in lieu of any other fees or licenses required to be paid or obtained under any other ordinances of this City.
[Ord. No. 001-2011 §7, 2-14-2011]
A. 
It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment establishment or sexually oriented business without first obtaining a license to do so from the City, or to work as an entertainer, server or manager at an adult entertainment establishment or sexually oriented business after such person's license to do so has been revoked or suspended.
B. 
The license year for all fees required under this Chapter shall be from January first (1st) through December thirty-first (31st).
1. 
The classification of licenses and fees for each shall be as follows:
a. 
Adult entertainment business license fee is five hundred dollars ($500.00) per year.
b. 
Adult entertainment manager's license fee is fifty dollars ($50.00) per year.
c. 
Adult entertainer's license fee is twenty dollars ($20.00) per year.
d. 
Adult entertainment server's license fee is twenty dollars ($20.00) per year.
2. 
Fees shall be paid by certified/cashier check or money order. The application is not complete until the fee is paid. Licenses are for specific locations as indicated on the license and are non-transferable. Any change in the type of adult entertainment establishment or sexually oriented business shall invalidate the adult business license. No more than one (1) adult entertainment establishment or sexually oriented business may occupy a business premise at one (1) time.
[Ord. No. 001-2011 §7, 2-14-2011]
A. 
A prospective licensee (owner, server, entertainer or manager) shall provide a notarized application to the Herculaneum Police Department and Collector of the City of Herculaneum with his or her name, address (mailing and residence), phone number, principal occupation, recent photograph (2" X 3" color), date of birth, place of birth, driver's license, social security number, signed permission for FBI check and similar information for all partners or stockholders in the venture, as well as a description of the proposed business.
B. 
A statement from the applicant, if the applicant is the owner, that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
1. 
A felony criminal act within five (5) years immediately preceding the application, or a misdemeanor criminal act within two (2) years immediately preceding the application where such felony or misdemeanor criminal act involved sexual offenses, prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Controlled Substances Act or other Statutes or ordinances.
2. 
Upon submission of each such application, the Police Department shall review the information contained therein and verify the qualifications of the applicant. The City Council shall, within forty-five (45) days, consider the application at a regular session. The applicant shall be present in person at the meeting when said application is considered by the City Council. If the application meets all the requirements as set forth in this Chapter, the City Council may issue a license for operation of the sexually oriented business. Those opposing such a license could present objections at this time. Granting the license requires a super majority vote.
C. 
No person is eligible nor shall a license be issued to an adult entertainment establishment or sexually oriented business applicant if one (1) or more of the following conditions exist:
1. 
The applicant's premises is located within one thousand (1,000) feet of a school, religious institution, hospital, public park, public library, or licensed child care center or property zoned for residential use as measured in a straight line of property boundary.
2. 
The applicant's premises is located within one thousand (1,000) feet of any other adult entertainment establishment or sexually oriented business for which there is a license issued.
3. 
The applicant failed to supply all of the information requested on the application.
4. 
The applicant gave material false, fraudulent or untruthful information on the application.
5. 
The applicant's proposed business premises does not comply with or meet the requirement of the applicable health, zoning, building code, fire and property maintenance ordinances of the City of Herculaneum.
6. 
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in said Section.
7. 
The applicant has had an adult entertainment license revoked or suspended in this City or any other City or County during the past five (5) years.
8. 
The facility shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No business activities shall take place outside the sexually oriented business visible from the exterior.
9. 
The facility in which such a use is located shall be limited to one (1) wall-mounted advertising sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet, said sign shall not flash, blink or move by mechanical means and shall not extend above the roof line of the building Further, no merchandise or pictures of products or entertainment on the premises shall be displayed in window areas or any area where such merchandise or pictures can be viewed from the sidewalk in front of the building. No flashing lights and/or lighting that leaves the impression of motion or movement shall be permitted.
10. 
Lighting in the parking area must provide a minimum light level of twenty-five hundredths (0.25) foot-candles over the entire parking area, but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted at the lot line. The interior premises of sexually oriented businesses must be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
11. 
No owner, operator, manager or other person in charge of the premises of an adult entertainment establishment or sexually oriented business premises shall:
a. 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises (unless otherwise permitted pursuant to Chapter 600, Liquor Regulations, of the City Code);
b. 
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
c. 
Knowingly allow or permit any person under the age of eighteen (18) years of age to be in or upon the premises in any capacity as entertainer, server or customer;
d. 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
e. 
Knowingly allow or permit a violation of this Chapter or any other City ordinance provision or State law.
[Ord. No. 001-2011 §7, 2-14-2011]
A. 
Upon receipt of a complete application for an adult entertainment business license, the Finance Department shall transmit one (1) copy of the application to the Police Department for investigation of the application and one (1) copy to the Codes Administrator.
B. 
It shall be the duty of the Police Chief or a designee to investigate the application to determine whether the information contained therein is accurate and whether the applicant has qualified to be issued the license. The results of this investigation shall be forwarded to the Finance Department no later than ten (10) working days from the application date.
C. 
It shall be the duty of the Codes Administrator to determine compliance with the requirements of this Chapter and the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Codes Administrator shall provide his report to the Finance Department within ten (10) working days from the application date.
D. 
Upon receipt of these reports, the Finance Department shall either issue or deny the license, provided the license applications for sexually oriented businesses, entertainers, servers, and managers shall be approved or disapproved within forty-five (45) days from the filing date. If the license is disapproved, the applicant shall be notified in writing by certified mail to the applicant's last known address, and the notification shall state the basis for disapproval.
[Ord. No. 001-2011 §7, 2-14-2011]
A. 
The following standards of conduct shall be used by all adult entertainment business licensees, their employees and all sexually oriented business managers, servers and entertainers and patrons of sexually oriented businesses while on or about the premises of the establishment:
1. 
Any manager, server or entertainer issued a license by the City under the provisions of this Chapter shall, at all times while working in a sexually oriented business, have in their possession a valid identification card issued by the City, bearing the permit number, the signature of the City Clerk, individual's name, age, weight, eye color, and height. Such card shall be laminated to prevent alteration.
2. 
No manager, employee, server, entertainer or patron in a sexually oriented business, other than a licensed bathhouse, shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any "specified anatomical area".
3. 
No manager, employer, server, entertainer or patron of a sexually oriented business shall perform any "specified sexual activities", wear or use any device or covering, exposing to view an image that simulates any "specified anatomical areas", use artificial devices or other objects to perform or depict any "specified sexual activities", or participate in any act of prostitution.
4. 
No manager, employee, server, entertainer or patron of a sexually oriented business shall knowingly touch, fondle or caress any "specified anatomical area" of another person whether such "specified anatomical area" is clothed, unclothed, covered or exposed to view.
5. 
A manager shall be on duty at all times on the premises when the sexually oriented business is open. The manager shall verify that any person who provides adult entertainment or works as a server possesses a current and valid adult entertainment license. It shall also be the manager's duty to insure that no person under the age of eighteen (18) enters the premises.
[Ord. No. 001-2011 §7, 2-14-2011]
The premises of all adult entertainment establishments and sexually oriented businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
[Ord. No. 03-029 §6, 9-8-2003; Ord. No. 04-019 §6, 8-23-2004]
Any person who violates any provision of this Chapter shall, upon conviction, be punished in accordance with the provisions of the Code of Ordinances of the City of Herculaneum, Missouri.