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City of Camdenton, MO
Camden County
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Table of Contents
Table of Contents
[R.O. 1992 § 613.010; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
For the purposes of this Chapter and unless the context plainly requires otherwise, the following words or phrases shall have the meaning set out herein:
ADULT BUSINESS
Any business enterprise:
1. 
That has as a regular and substantial business purpose the sale, display or rental of goods that are designed for use in connection with specified sexual activities, or that emphasize matters depicting, describing or relating to specified sexual activities or specified anatomical areas, or
2. 
That has one (1) of the following as a regular and substantial business purpose:
a. 
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
b. 
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 "adult business" also includes, but is not limited to, any and all of the following, as defined herein:
a. 
Businesses that offer the following described goods for sale or rent:
(1) 
An establishment which, as a regular and substantial business purpose, offers for sale or rent any one (1) or more of the following: instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.
(2) 
An establishment which, as a regular and substantial business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(3) 
Any coin- or card-operated device that offers for sale by dispensing printed material, which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(4) 
A freestanding structure, vehicle or booth which, as a regular and substantial business purpose, offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
b. 
Businesses that provide the following entertainment:
(1) 
Any enterprise to which the public, patrons or members are invited or admitted, and where providing adult entertainment, as defined herein, is a regular and substantial portion of its business.
(2) 
An establishment containing a room with seats facing a screen or projection areas where a regular and substantial portion of its business is the exhibition to customers of films, videotapes or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(3) 
An establishment located in an enclosed building where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas or live performers for observation by customers and patrons.
(4) 
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 seminude.
(5) 
An establishment whose premises is physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
(6) 
An establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers with the intent of providing sexual gratification or stimulation to such customers.
(7) 
An establishment where a regular and substantial portion of its business is the maintaining, operating or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customer's view specified anatomical areas.
c. 
Businesses that provide the following described services:
(1) 
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.
(2) 
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, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and rents room accommodations for less than six (6) hours at a time.
4. 
The definition of "adult business" also includes, but is not limited to, the following statutory definition of “sexually oriented business,” pursuant to Section 573.010, RSMo.:
a. 
(1) 
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:
(a) 
Has a substantial portion of its displayed merchandise which consists of such items; or
(b) 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
(c) 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
(d) 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
(e) 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
(f) 
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;
(2) 
An adult cabaret;
(3) 
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 (5) persons for any form of consideration;
(4) 
A place where persons regularly appear in a state of seminudity 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 seminudity do so in a modeling class operated:
(a) 
By a college, junior college, or university supported entirely or partly by taxation;
(b) 
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
(c) 
In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
(5) 
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 (2) or more persons when one or more of the persons is seminude.
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view any portion of 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.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron or member.
EMPLOY, EMPLOYEE or EMPLOYMENT
Any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment premises, as defined in this Section, whether or not a fee is charged or accepted for entertainment.
EROTIC DANCE
Any dance performed by an erotic dancer in an erotic dance establishment which emphasizes or seeks to arouse or excite a patron's sexual desires.
MANAGER
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 business or adult business.
OPERATOR
Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, martial community, joint venture, governmental entity, or other entity or group of persons however organized.
PREMISES
Any place of business of an adult business which shall include the entire lot and building occupied by the adult business and any other property owned, leased or controlled by the adult business, including any parking areas adjacent to the business which are regularly utilized by employees, entertainers, servers, managers or customers of such business.
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 a person as an act of sexual stimulation or gratification.
SERVER
Any person who serves food or drink at an adult entertainment business or adult business.
SEXUAL PERFORMANCE
Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.
SPECIFIED ANATOMICAL AREAS
Include:
1. 
Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Includes any of the following:
1. 
Intercourse, oral copulation, masturbation, or sodomy; or
2. 
Excretory functions as a part of or in connection with any of the activities described in Subsection (1) of this definition.
[R.O. 1992 § 613.020; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
It shall be unlawful for any person to operate or maintain an adult business or adult entertainment 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 is unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult business or adult entertainment business.
C. 
It shall be prima facie evidence that any adult business or adult entertainment business that fails to have posted, in the manner required by this Section, an adult business or adult entertainment business license has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult business or adult entertainment business in which an adult business or adult entertainment license is not posted, in the manner required by this Section, had knowledge that such business was not licensed.
D. 
Any business enterprise that sells or rents goods that are designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or relating to specified sexual activities or specified anatomical areas and that excluded minors by virtue of age from all or any part of the business premises shall be deemed to have consented to periodic entry into and inspection of the business premises by appropriate City Officials and inspection by those officials of only those business records necessary for the limited purpose of determining whether such business enterprise is an adult business as defined in this Chapter. This entry and inspection shall take place during hours when such adult business or adult entertainment is open to the public, unless otherwise requested by the adult business or adult entertainment, and shall not unreasonably interfere with the conduct of such business.
[R.O. 1992 § 613.030; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
It is unlawful for any person to work as an entertainer, server or manager at an adult business or adult entertainment business without first obtaining a license to do so from the City or to work as an entertainer, server or manager at an adult business or adult entertainment business after such person's license to do so has been revoked or suspended.
[R.O. 1992 §§ 613.040; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
The license year for all fees required under this Chapter shall be from each July 1 through June 30. The application for a license shall be accompanied by payment in full of the fee stated in this Section by certified or cashier's check or money order; and no application shall be considered complete until such fee is paid.
B. 
All licenses shall be issued for a specific location and shall be non-refundable and non-transferable.
C. 
The classification of licenses and fees for adult business or adult entertainment business each shall be as follows:
1. 
Business license fee: three hundred dollars ($300.00) per year.
2. 
Manager's license fee: twenty dollars ($20.00) per year.
3. 
Adult entertainer's license fee: twenty dollars ($20.00) per year.
4. 
Server's license fee: twenty dollars ($20.00) per year.
[R.O. 1992 § 613.050; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
Adult Business And Adult Entertainment Business License.
1. 
All persons desiring to secure a license to operate an adult business or adult entertainment business under the provisions of this Chapter shall make a notarized application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult business or adult entertainment business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
a. 
The name, residence address, home telephone number, occupation, date and place of birth and social security number of the applicant.
b. 
The name of the adult business or adult entertainment business, a description of the adult business or adult entertainment to be performed on the licensed premises, and the name of the owner of the premises where the adult business or adult entertainment business will be located.
c. 
The names, residence addresses, social security numbers and dates of birth of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers and directors and stockholders who own more than ten percent (10%) or greater interest in the corporation.
d. 
The addresses of the applicant, or of all partners, or of all corporate officers and directors for the five (5) years immediately prior to the date of application.
e. 
A description of the adult business or adult entertainment or similar business history of the applicant, or of all partners, or of all corporate officers and directors; whether any such person or entity, in previously operating in this or another City, County or State, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation.
f. 
A statement of the business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors for the three (3) years immediately preceding the date of the application.
g. 
Statement Of No Convictions Of Certain Offenses.
(1) 
A statement from the applicant, or from each partner, or from each corporate officer and director that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
(a) 
A felony criminal act within five (5) years immediately preceding the application, or
(b) 
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of 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 Substance Act or other Statutes or ordinances.
(2) 
The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
h. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant, or of all partners if the applicant is a partnership, or of all corporate officers and directors if the applicant is a corporation.
i. 
If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State.
j. 
A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Chapter regulating adult entertainment businesses.
2. 
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed.
B. 
License.
1. 
All persons desiring to secure a license under the provisions of this Chapter shall make a notarized application with the City Clerk. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
a. 
The applicant's name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining.
b. 
The name and address of each adult business or adult entertainment business where the applicant intends to work and an intent to hire statement from a business that is licensed, or that has applied for a license, under the provisions of this Chapter, indicating the business intends to hire the applicant to manage, serve or entertain on the premises.
c. 
Statement Applicant Has Had No Convictions Of Certain Offenses.
(1) 
A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
(a) 
A felony criminal act within five (5) years immediately preceding the application, or
(b) 
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of 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 Substance Act or other Statutes or ordinances.
(2) 
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
d. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant.
e. 
The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
(1) 
A motor vehicle operator's license issued by any State bearing this applicant's photograph and date of birth;
(2) 
A State issued identification card bearing the applicant's photograph and date of birth;
(3) 
An official and valid passport issued by the United States of America;
(4) 
An immigration card issued by the United States of America;
(5) 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or
(6) 
Any other form of identification deemed reliable by the City Clerk.
2. 
Failure to provide the information required by this Subsection shall constitute an incomplete application and shall not be processed.
C. 
Application Processing.
1. 
Upon receipt of a complete application for an adult business license or an adult entertainment business license or a manager, server or entertainer license, the City Clerk shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Building Inspector. It shall be the duty of the Chief of Police or his/her designee to investigate such application to determine whether the information contained in the application is accurate and whether the applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. It shall be the duty of the Building Inspector to determine whether the structure where the adult entertainment business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City.
2. 
The Building Inspector shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police and the Building Inspector, the City Clerk shall schedule the application for the consideration by the Board of Aldermen at the earliest meeting consistent with the notification requirements established by law, providing the licensed application for an adult entertainment business and for an adult entertainment business manager, server or entertainer license shall be approved or disapproved within forty-five (45) days of the date of filing of a completed application with the City Clerk's office. The applicant shall be notified in writing of the date when the Board of Aldermen will consider the application.
[R.O. 1992 § 613.060; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
If the application for an adult business or an adult entertainment business or a manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Board of Aldermen shall examine the application and after such examination, the Board of Aldermen shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible to Section 613.070.
B. 
The record of the Board of Aldermen shall show the action taken on the application, and if the license is granted, the Board of Aldermen shall direct the City Clerk to issue the proper license. The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.
C. 
If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known address, and the notification shall state that basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law.
A. 
No person shall establish a sexually oriented business within one thousand (1,000) feet of any preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, residence, or other sexually oriented business. This Subsection shall not apply to any sexually oriented business lawfully established prior to August 28, 2010. For purposes of this Subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, house of worship, State-licensed day-care facility, public library, public park, residence, or other sexually oriented business.
B. 
No person shall establish a sexually oriented business if a person with an influential interest in the sexually oriented business has been found guilty of any of the following specified offenses for which less than eight (8) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:
1. 
Rape and sexual assault offenses;
2. 
Sexual offenses involving minors;
3. 
Offenses involving prostitution;
4. 
Obscenity offenses;
5. 
Offenses involving money laundering;
6. 
Offenses involving tax evasion;
7. 
Any attempt, solicitation, or conspiracy to commit one of the offenses listed in Subsection (B)(1) to (6); or
8. 
Any offense committed in another jurisdiction which if committed in this State would have constituted an offense listed in Subsection (B)(1) to (7).
C. 
No person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity.
D. 
No employee shall knowingly or intentionally, in a sexually oriented business, appear in a seminude condition unless the employee, while seminude, shall be and remain on a fixed stage at least six (6) feet from all patrons and at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.
E. 
No employee who appears in a seminude condition in a sexually oriented business shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business.
F. 
A sexually oriented business which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas, shall comply with the following requirements:
1. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose;
2. 
An operator's station shall not exceed thirty-two (32) square feet of floor area;
3. 
If the premises has two (2) or more operator's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the operator's stations;
4. 
The view required under this Subsection shall be by direct line of sight from the operator's station;
5. 
It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; and
6. 
It shall be the duty of the operator and of any employees present on the premises to ensure that the view area specified in this Subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises.
G. 
Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements of Sections 573.525 to 573.537, RSMo., shall be given one hundred eighty (180) days after August 28, 2010, to comply with the stage and building requirements of Sections 573.525 to 573.537, RSMo. During such 180-day period, any employee who appears within view of any patron in a seminude condition shall remain, while seminude, at least six (6) feet from all patrons.
H. 
No operator shall allow or permit a sexually oriented business to be or remain open between the hours of 12:00 Midnight and 6:00 A.M. on any day.
I. 
No person shall knowingly allow a person under the age of eighteen (18) years on the premises of a sexually oriented business.
J. 
As used in this Section, the following terms mean:
ESTABLISH or ESTABLISHMENT
Includes any of the following:
a. 
The opening or commencement of any sexually oriented business as a new business;
b. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
c. 
The addition of any sexually oriented business to any other existing sexually oriented business.
INFLUENTIAL INTEREST
Includes any of the following:
a. 
The actual power to operate a sexually oriented business or control the operation, management, or policies of a sexually oriented business or legal entity which operates a sexually oriented business;
b. 
Ownership of a financial interest of thirty percent (30%) or more of a business or of any class of voting securities of a business; or
c. 
Holding an office, such as President, Vice President, Secretary, Treasurer, managing member, or managing director, in a legal entity which operates a sexually oriented business.
VIEWING ROOM
The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, digital video disc, or other video reproduction.
[R.O. 1992 § 613.090; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
Every person, corporation, partnership or association licensed under this Chapter shall post such license in a conspicuous place and manner on the premises.
B. 
Every person holding a server, manager or entertainer license shall post his/her license in his/her work area on the premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Chapter.
[R.O. 1992 § 613.100; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
An adult entertainment manager shall be on duty at any adult entertainment business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
B. 
It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid adult entertainer's license or an adult entertainment server's license and that such licenses are prominently posted.
[R.O. 1992 § 613.110; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
All adult entertainment businesses shall permit representatives of the Police Department or any other City Official acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.
[R.O. 1992 § 613.120; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
Whenever the City Clerk has information that:
1. 
The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Chapter; or
2. 
There have been recurrent violations of provisions of this Chapter that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were committed; or
3. 
The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false statements in the application for such license or renewal thereof; or
4. 
The adult entertainment business licensee or the adult entertainment manager, server or entertainer 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 or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 613.050(A); or
6. 
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 613.050(B), then the City Clerk shall make this information known to the Board of Aldermen, which shall upon five (5) days' written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The Board of Aldermen may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Board of Aldermen may take any of the following actions:
a. 
Suspend the license for up to ninety (90) days.
b. 
Revoke the license for the remainder of the license year.
c. 
Place the license holder on administrative probation for a period of up to one (1) year on the condition that no further violations of the Chapter occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, license will be revoked for the remainder of the license year.
[R.O. 1992 § 613.130; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
A. 
A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on June thirtieth (30th) of each calendar year, and renewal applications for such licenses shall be submitted between June fifteenth (15th) and June thirtieth (30th).
B. 
Upon timely application and review as provided for a new license, a license issued under the provisions of this Chapter shall be renewed by issuance of a new license in the manner provided in this Chapter.
C. 
If the application for renewal of a license is not made during time provided in Subsection (A) of this Section, the expiration of such license shall not be affected, and a new application shall be required.
[R.O. 1992 § 613.140; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
Following the entry of an order by the City Clerk, suspending or revoking a license issued pursuant to this Chapter, or disapproving the renewal application for a license, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk 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. 1992 § 613.150; Ord. No. 1486-93, 4-13-1993; Ord. No. 1875-02 § 1, 3-19-2002]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be punished by a fine not exceeding five hundred dollars ($500.00) or be punished by incarceration for a period not to exceed ninety (90) days, or by both such fine and incarceration. Each day's violation of or failure, refusal or neglect to comply with, any provision of this Chapter shall constitute a separate and distinct offense.