[1]
Editor's Note — Ord. No. 328-2008 §§I —
XXII, adopted April 15, 2008, repealed sections 610.160 — 610.290
"adult businesses — regulations" and enacted new provisions
set out herein. Former sections 610.160 — 610.290 derived from
ord. no. 96-52 §1, 10-15-1996.
[Ord. No. 328-2008 §I, 4-15-2008]
A.
Purpose. It is the purpose of this Article to regulate
sexually oriented businesses in order to promote the health, safety,
morals and general welfare of the citizens of the City 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 Article 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 Article 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 Article to condone or legitimize
the distribution of obscene material.
B.
Findings. Based on evidence concerning the adverse secondary
effects of adult uses on the community presented in findings incorporated
in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.
41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes
v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's
A.M., TDA "Kandyland", 529 U.S. 277 (2000) and City of Los Angeles
v. Alameda Books, Inc., 121 S. Ct. 1223 (2001), the Council finds:
1.
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
2.
Certain employees of sexually oriented businesses defined in this
Article as adult theatres and cabarets engage in higher incidence
of certain types of illicit sexual behavior than employees of other
establishments.
3.
Sexual acts, including masturbation and oral and anal sex, occur
at sexually oriented businesses, especially those which provide private
or semi-private booths or cubicles for viewing films, videos or live
sex shows.
4.
Offering and providing such space encourages such activities, which
creates unhealthy conditions.
5.
Persons frequent certain adult theatres, adult arcades and other
sexually oriented businesses for the purpose of engaging in sex within
the premises of such sexually oriented businesses.
6.
At least fifty (50) communicable diseases may be spread by activities
occurring in sexually oriented businesses including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections
and shigella infections.
7.
Since 1981 and to the present, there has been an increasing cumulative
number of reported cases of AIDS caused by the human immunodeficiency
virus (HIV) in the United States — 600 in 1982, 2,200 in 1983,
4,600 in 1984, 8,555 in 1985 and 253,448 through December 31, 1992.
8.
As of December 31, 2006, there have been 15,658 reported cases of
AIDS in the State of Missouri.
9.
Sanitary conditions in some sexually oriented businesses are unhealthy,
in part, because the activities conducted there are unhealthy and,
in part, because of the unregulated nature of the activities and the
failure of the owners and the operators of the facilities to self-regulate
those activities and maintain those facilities.
10.
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view "adult"
oriented films.
11.
The findings noted in paragraphs number (1) through (10) raise substantial
governmental concerns.
12.
Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
13.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure
will place a heretofore non-existent incentive on the operators to
see that the sexually oriented business is run in a manner consistent
with the health, safety and welfare of its patrons and employees,
as well as the citizens of the City. It is appropriate to require
reasonable assurances that the licensee is the actual operator of
the sexually oriented business, fully in possession and control of
the premises and activities occurring therein.
14.
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theatres.
15.
Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incidence of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
16.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
17.
It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this Article is designed to prevent
or who are likely to be witnesses to such activity.
18.
The fact that an applicant for an adult use license has been convicted
of a sexually related crime leads to the rational assumption that
the applicant may engage in that conduct in contravention of this
Article.
19.
The barring of such individuals from the management of adult uses
for a period of years serves as a deterrent to and prevents conduct
which leads to the transmission of sexually transmitted diseases.
20.
The general welfare, health, morals and safety of the citizens of
the City will be promoted by the enactment of this Article.
[Ord. No. 328-2008 §II, 4-15-2008]
As used in this Article, the following words shall have the
meanings set out herein:
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, or
electronically, electrically or mechanically controlled still or motion
picture machines, projectors, video or laser disc players 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 which, as one (1) of its principal
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 pictures, video cassettes or video reproductions, slides
or other visual representations which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas"; or
Instruments, devices or paraphernalia which are designed for
use in connection with "specified sexual activities". 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, ADULT NOVELTY STORE or ADULT
VIDEO STORE. Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an ADULT
BOOKSTORE, ADULT NOVELTY STORE 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 which are characterized
by the depiction or description of "specified sexual activities" or
"specified anatomical areas".
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or semi-nude; or
Live performances which are characterized by the exposure of
"specified anatomical areas" or by "specified sexual activities";
or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of "specified sexual activities" or "specified anatomical areas".
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are 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 which 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 ten (10) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten (10) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas".
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nude, or live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities".
A 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 and whether or not 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.
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.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
Any place where a person who appears semi-nude, in a state
of nudity, or who displays "specified anatomical areas" and is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studio shall not include a proprietary school
licensed by the State or a college, junior college or university supported
entirely or in part by public taxation; 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 in a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or semi-nude 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; and
Where no more than one (1) nude or semi-nude model is on the
premises at any one time.
The showing of the human male or female genitals, pubic area,
vulva, anus, anal cleft or cleavage with less than a fully opaque
covering, the showing of the female breast with less than a fully
opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
The showing of the female breast below a horizontal line
across the top of the areola at its highest point or the showing of
the male or female buttocks. 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:
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater,
adult theater, escort agency, nude model studio or sexual encounter
center.
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; engaging in organized criminal activity; sexual assault;
molestation of a child; gambling; or distribution of a controlled
substance; or any similar offenses to those described above under
the criminal or penal code of other States or 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 for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
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 or a person residing with
the applicant.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation or sodomy; or
Excretory functions as part of, or in connection with, any of
the activities set forth in 1 through 2 above.
The increase in floor areas occupied by the business by more
than twenty-five percent (25%), as the floor areas exist on the date
this Article takes effect.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute 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
which 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.
[Ord. No. 328-2008 §III, 4-15-2008]
A.
Sexually
oriented businesses are classified as follows:
[Ord. No. 328-2008 §IV, 4-15-2008]
A.
It
is unlawful:
1.
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the City pursuant
to this Article.
2.
For any person who operates a sexually oriented business to employ
a person to work for the sexually oriented business who is not licensed
as a sexually oriented business employee by the City pursuant to this
Article.
3.
For any person to obtain employment with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this Article.
B.
An
application for a license must be made on a form provided by the City.
C.
All
applicants must be qualified according to the provisions of this Article.
The application may request and the applicant shall provide such information
(including fingerprints) as to enable the City to determine whether
the applicant meets the qualifications established in this Article.
D.
A person
who wishes to operate a sexually oriented business must sign the application
for a license as an applicant. If a person other than an individual
wishes to operate a sexually oriented business, all persons legally
responsible for the operations of the sexually oriented business or
who have power to control or direct its operations must sign the application
for a license as applicant. Such persons include, but are not limited
to, general partners, corporate officers, corporate directors and
controlling shareholder(s). Each application must be qualified under
the following Section and each applicant shall be considered a licensee
if a license is granted.
E.
The
completed application for a sexually oriented business license shall
contain the following information and shall be accompanied by the
following documents:
1.
If the applicant is:
a.
An individual, the individual shall state his/her legal name and
any aliases and submit proof that he/she is eighteen (18) years of
age;
b.
A partnership, the partnership shall state its complete name, and
the names of all partners, whether the partnership is general or limited,
and a copy of the partnership agreement, if any;
c.
A corporation, the corporation shall state its complete name, the
date of its incorporation, evidence that the corporation is in good
standing under the laws of its State of incorporation, the names and
capacity of all officers, directors and controlling stockholders,
and the name of the registered corporate agent and the address of
the registered office for service of process.
3.
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity as defined in this
Article and, if so, the specified criminal activity involved, the
date, place and jurisdiction of each.
4.
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Article or other similar sexually
oriented business ordinances from another City or County denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the permit was denied, suspended or revoked, as
well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant has been a partner
in a partnership or an officer, director or principal stockholder
of a corporation that is licensed under this Article whose license
has previously been denied, suspended or revoked, including the name
and location of the sexually oriented business for which the permit
was denied, suspended or revoked as well as the date of denial, suspension
or revocation.
5.
Whether the applicant, or a person residing with the applicant, holds
any other licenses under this Article or other similar sexually oriented
business ordinance from another City or County and, if so, the names
and locations of such other licensed businesses.
6.
The single classification of license for which the applicant is filing.
7.
The location of the proposed sexually oriented business, including
a legal description of the property, street address and telephone
number(s), if any.
8.
The applicant's mailing address and residential address.
9.
A recent photograph of the applicant(s).
10.
The applicant's driver's license number.
11.
A sketch or 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 it 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.
12.
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 one thousand three hundred twenty (1,320)
feet of the property to be certified; the property lines of any established
religious institution/synagogue, school or public park or recreation
area within one thousand three hundred twenty (1,320) 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.
13.
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 Section 610.240.
F.
Before
any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
City the following information:
1.
The applicant's name or any other name (including "stage" names)
or aliases used by the individual;
2.
Age, date and place of birth;
3.
Height, weight, hair and eye color;
4.
Present residence address and telephone number;
5.
Present business address and telephone number;
6.
Date, issuing State and number of driver's permit or other identification
card information; and
7.
Proof that the individual is at least eighteen (18) years of age.
G.
Attached
to the application form for a sexually oriented business employee
license, as provided above, shall be the following:
1.
A color photograph of the applicant clearly showing the applicant's
face and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
2.
A statement detailing the license history of the applicant for the
five (5) years immediately preceding the date of the filing of the
application, including whether such applicant previously operated
or is seeking to operate in this or any other County, City, State
or country has ever had a license, permit or authorization to do business
denied, revoked or suspended or had any professional or vocational
license or permit denied, revoked or suspended. In the event of any
such denial, revocation or suspension, state the name, the name of
the issuing or denying jurisdiction and describe in full the reason
for the denial, revocation or suspension. A copy of any order of denial,
revocation or suspension shall be attached to the application.
3.
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this Article and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
[Ord. No. 328-2008 §V, 4-15-2008]
A.
Upon
the filing of said application for a sexually oriented business employee
license, the City shall issue a temporary license to said applicant.
The application shall then be referred to the appropriate City departments
for an investigation to be made on such information as is contained
on the application. The application process shall be completed within
thirty (30) days from the date the completed application is filed.
After the investigation, the City shall issue a license, unless it
is determined by a preponderance of the evidence that one (1) or more
of the following findings is true:
1.
The applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
The applicant is under the age of eighteen (18) years;
3.
The applicant has been convicted of a "specified criminal activity"
as defined in this Article;
4.
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or State law, Statute,
rule or regulation or prohibited by a particular provision of this
Article; or
5.
The applicant has had a sexually oriented business employee license revoked by the City within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this Subsection shall be subject to appeal as set forth in Section 610.220.
B.
A license granted pursuant to this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this Article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in Section 610.195.
C.
Within
thirty (30) days after receipt of a completed sexually oriented business
application, the City shall approve or deny the issuance of a license
to an applicant. The City shall approve the issuance of 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 is under eighteen (18) years of age.
2.
An applicant or a person with whom applicant is residing is overdue
in payment to the City of taxes, fees, fines or penalties assessed
against or imposed upon him/her in relation to any business.
3.
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
4.
An applicant, or a person with whom the applicant is residing, 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.
5.
An applicant, or a person with whom the applicant is residing, has
been convicted of a specified criminal activity defined in this Article.
6.
The premises to be used for the sexually oriented business have not
been approved by the Health Department, Fire Department and the Building
Official as being in compliance with applicable laws and ordinances.
7.
The license fee required by this Article has not been paid.
8.
An applicant of the proposed establishment is in violation of, or
is not in compliance with, any of the provisions of this Article.
D.
The license, 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 classification for which the license is issued pursuant to Section 610.180. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
E.
The
Health Department, Fire Department and the Building Official shall
complete their certification that the premises is in compliance or
not in compliance within twenty (20) days of receipt of the application
by the City.
[Ord. No. 328-2008 §VI, 4-15-2008]
A.
Every
application for a sexually oriented business license (whether for
a new license or for renewal of an existing license) shall be accompanied
by a five hundred dollar ($500.00) non-refundable application and
investigation fee.
B.
In
addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the City an annual non-refundable license fee
of thirty-five dollars ($35.00) within thirty (30) days of license
issuance or renewal.
C.
Every
application for a sexually oriented business employee license (whether
for a new license or for renewal of an existing license) shall be
accompanied by an annual five hundred thirty-five dollar ($535.00)
non-refundable application, investigation and license fee.
D.
All
license applications and fees shall be submitted to the Director of
Finance of the City.
[Ord. No. 328-2008 §VII, 4-15-2008]
A.
An
applicant or licensee shall permit representatives of the Police Department,
Health Department, Fire Department, Zoning Department or other City
departments or agencies to inspect the premises of a sexually oriented
business for the purpose of insuring compliance with the law at any
time it is occupied or open for business.
B.
A person
who operates a sexually oriented business or his agent or employee
commits a misdemeanor if he refuses to permit such lawful inspection
of the premises at any time it is open for business.
[Ord. No. 328-2008 §VIII, 4-15-2008]
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 610.185. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B.
When
the City denies renewal of a license, the applicant shall not be issued
a license for one (1) year from the date of denial. If, subsequent
to denial, the City finds that the basis for denial of the renewal
license has been corrected or abated, the applicant may be granted
a license if at least ninety (90) days have elapsed since the date
denial became final.
[Ord. No. 328-2008 §IX, 4-15-2008]
A.
The
City shall suspend a license for a period not to exceed thirty (30)
days if it determines that a licensee or an employee of a licensee
has:
[Ord. No. 328-2008 §X, 4-15-2008]
A.
The City shall revoke a license if a cause of suspension in Section 610.215 occurs and the license has been suspended within the preceding twelve (12) months.
B.
The
City shall revoke a license if it determines that:
1.
A licensee gave false or misleading information in the material submitted
during the application process;
2.
A licensee has knowingly allowed possession, use or sale of controlled
substances on the premises;
3.
A licensee has knowingly allowed prostitution on the premises;
4.
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended;
5.
Except in the case of an adult motel, a licensee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation
or other sex act to occur in or on the licensed premises; or
6.
A licensee is delinquent in payment to the City, County or State
for any taxes or fees past due.
C.
When
the City revokes a license, the revocation shall continue for one
(1) year, and the licensee shall not be issued a sexually oriented
business license for one (1) year from the date the revocation became
effective. If, subsequent to revocation, the City finds that the basis
for the revocation has been corrected or abated, the applicant may
be granted a license if at least ninety (90) days have elapsed since
the date the revocation became effective.
D.
After
denial of an application, or denial of a renewal of an application,
or suspension or revocation of any license, the applicant or licensee
may seek prompt judicial review of such administrative action in any
court of competent jurisdiction. The administrative action shall be
promptly reviewed by the court.
[Ord. No. 328-2008 §XI, 4-15-2008]
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.
[Ord. No. 328-2008 §XII, 4-15-2008]
A.
A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than "M-2", Heavy Industrial District as defined and described in Section 405.170 of the Zoning Code.
B.
A person
commits an offense if the person operates or causes to be operated
a sexually oriented business within one thousand three hundred twenty
(1,320) feet of:
1.
A church, synagogue, mosque, temple or building which is used primarily
for religious worship and related religious activities;
2.
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 schools, junior colleges,
and universities; school includes the school grounds, but does not
include facilities used primarily for another purpose and only incidentally
as a school;
3.
A boundary of a residential district as defined in the Zoning Code;
4.
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, 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;
5.
The property line of a lot devoted to a residential use as defined
in the Zoning Code;
6.
An entertainment business which is oriented primarily towards children
or family entertainment; or
7.
A licensed premises licensed pursuant to the alcoholic beverage control
regulations of the State.
C.
A person
commits a misdemeanor if that person causes or permits the operation,
establishment, substantial enlargement or transfer of ownership or
control of a sexually oriented business within one thousand three
hundred twenty (1,320) feet of another sexually oriented business.
D.
A person
commits a misdemeanor if that person causes or permits the operation,
establishment or maintenance of more than one (1) sexually oriented
business in the same building, structure or portion thereof or the
increase of floor area of any sexually oriented business in any building,
structure or portion thereof containing another sexually oriented
business.
E.
For the purpose of Subsection (B) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a use listed in Subsection (B). Presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this Section.
F.
For purposes of Subsection (C) of this Section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
G.
Any sexually oriented business lawfully operating on April 15, 2008, that is in violation of Subsections (A) through (F) of this Section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming use 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 three hundred twenty (1,320) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are non-conforming.
H.
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 use listed in Subsection (B) of this Section within one thousand three hundred twenty (1,320) feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or been revoked.
[Ord. No. 328-2008 §XIII, 4-15-2008]
A.
Evidence
that a sleeping room in a hotel, motel or a similar commercial establishment
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in
this Article.
B.
A person
commits a misdemeanor if, as the person in control of a sleeping room
in a hotel, motel or similar commercial establishment that does not
have a sexually oriented license, he rents or subrents a sleeping
room to a person and, within ten (10) hours from the time the room
is rented, he rents or subrents the same sleeping room again.
[Ord. No. 328-2008 §XIV, 4-15-2008]
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, live entertainment or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
1.
Upon application for a sexually oriented 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 permit
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 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 it 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.
4.
It is the duty of the licensee of the premises to ensure that at
least one (1) licensed 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 every
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 each 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 licensee to ensure that the view area specified in Subsection (A)(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (A)(1) of this Section.
7.
No viewing room may be occupied by more than one (1) person at any
time.
8.
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-candles
as measured at the floor level.
9.
It shall be the duty of the licensee to ensure that the illumination
described above is maintained at all times that any patron is present
in the premises.
10.
No licensee shall allow openings of any kind to exist between viewing
rooms or booths.
11.
No person shall make or attempt to make an opening of any kind between
viewing booths or rooms.
12.
The licensee shall, during each business day, regularly inspect the
walls between the viewing booths to determine if any openings or holes
exist.
13.
The licensee shall cause all floor coverings in viewing booths to
be non-porous, easily cleanable surfaces, with no rugs or carpeting.
14.
The licensee 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.
[Ord. No. 328-2008 §XV, 4-15-2008]
[Ord. No. 328-2008 §XVI, 4-15-2008]
A.
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
B.
A person
under the age of eighteen (18) years commits an offense if the person
appears semi-nude or in a state of nudity in or on the premises of
a nude model studio. It is a defense to prosecution under this Subsection
if the person under eighteen (18) years was in a restroom not open
to public view or visible to any other person.
C.
A person
commits an offense if the person appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right-of-way.
D.
A nude
model studio shall not place or permit a bed, sofa or mattress in
any room on the premises, except that a sofa may be placed in a reception
room open to the public.
[Ord. No. 328-2008 §XVII, 4-15-2008]
A.
It
shall be a misdemeanor for a person who knowingly and intentionally
in a sexually oriented business appears in a state of nudity or depicts
specified sexual activities.
B.
It
shall be a misdemeanor for a person who knowingly or intentionally
in a sexually oriented business appears in a semi-nude condition unless
the person is an employee who, while semi-nude, shall be at least
ten (10) feet from any patron or customer and on a stage at least
two (2) feet from the floor.
C.
It
shall be a misdemeanor for an employee, while semi-nude in a sexually
oriented business, to solicit any pay or gratuity from any patron
or customer or for any patron or customer to pay or give any gratuity
to any employee, while said employee is semi-nude in a sexually oriented
business.
D.
It
shall be a misdemeanor for an employee, while semi-nude, to touch
a customer or the clothing of a customer.
[Ord. No. 328-2008 §XVIII, 4-15-2008]
A person commits a misdemeanor if the person knowingly allows
a person under the age of eighteen (18) years on the premises of a
sexually oriented business.
[Ord. No. 328-2008 §XIX, 4-15-2008]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of one o'clock (1:00) A.M.
and eight o'clock (8:00) A.M. on weekdays and Saturdays and one o'clock
(1:00) A.M. and Noon (12:00) P.M. on Sundays.
[Ord. No. 328-2008 §XX, 4-15-2008]
A.
It is a defense to prosecution under Section 610.255 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 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
3.
In a structure:
a.
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing; and
b.
Where, in order to participate in a class, a student must enroll
at least three (3) days in advance of the class; and
c.
Where no more than one (1) nude model is on the premises at any one
time.
[Ord. No. 328-2008 §XXI, 4-15-2008]
Any person who violates this Chapter, upon conviction, may be punished in accordance with Section 100.130 of this Code. In addition, the City may seek injunctive relief to enjoin repeated violations of this Code.
