City of Richmond, MO
Ray County
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Table of Contents
Table of Contents
[Ord. No. 2470, 11-13-2018[1]]
A. 
The licenses provided for in this Chapter are subject to the general provisions of the City of Richmond ordinances and codes as set forth now and hereafter amended. In the event of a conflict between the provisions of this Chapter and other parts of the City ordinances or Codes, the provisions of this Chapter shall control.
B. 
The licenses and fees required by this Chapter shall be in addition to any other licenses and fees required by City ordinances or codes.
[1]
Editor's Note: Chapter 420, Sexually Oriented Businesses, containing Sections 420.010 through 420.210, was repealed 11-13-2018, by Ord. No. 2470.
[Ord. No. 2470, 11-13-2018]
As used in this Chapter, the following terms shall have these prescribed meanings:
ADULT BUSINESS
Any business:
1. 
That has as one (1) of its significant business purposes:
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 are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas or allow participation in specified sexual activities.
2. 
The definition of "adult business" also includes, but is not limited to:
a. 
Businesses that provide entertainment including, but not limited to:
(1) 
"Adult entertainment business" meaning any business to which the public, patrons or members are invited or admitted and where "adult entertainment" is provided.
(2) 
The definition of "adult entertainment business," includes, but is not limited to, an establishment with a screen or projection areas, where a significant portion of its business is the exhibition to patrons of films, videotapes or motion pictures, where materials are displayed or live performances occur which are intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and establishments where a significant portion of the business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
(3) 
An adult business shall also include an adult bookstore and said term is defined as a building or part of a building used for the barter, rental or sale of a significant portion of items consisting of instruments, devices, paraphernalia, printed materials, pictures, slides, records, audio tape, video tape, motion picture film, CD ROMs or other digital recordings or any other form of recording, if such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas." The term "significant portion of items" shall mean more than ten percent (10%) of the usable floor area or more than one hundred (100) square feet of floor area is used for the display, barter, rental or sale of such items. No obscene work shall be allowed.
b. 
Businesses that provide services, including, but not limited to:
(1) 
"Adult arcade" meaning 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 (1) time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas" with other persons present who are nude or displaying specified anatomical areas.
(2) 
"Adult motel" meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, 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 which rents room accommodations for less than six (6) hours at a time.
(3) 
"Bathhouse" meaning an enterprise where a significant portion of its business is offering baths and/or showers.
ADULT ENTERTAINMENT
Any 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:
1. 
Where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or
2. 
The entertainment involves a person who is nude or in such attire, costume or clothing as to expose specified anatomical areas to view, even if completely and opaquely covered.
CONTAGIOUS AND COMMUNICABLE DISEASES
Those diseases which are set out in the Missouri Statutes and regulations.
CUSTOMER
Any person who:
1. 
Is allowed to enter an adult entertainment business in return for the payment of an admission fee or any other form of consideration or gratuity; or
2. 
Enters an adult entertainment business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. 
Is a member of and on the premises of an adult entertainment business as a private club.
EMPLOYEE
A person who performs any service on the premises of an adult 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.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment business, whether or not a fee is charged or accepted for entertainment.
ESCORT
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.
ESCORT AGENCY
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.
ESTABLISHMENT
Includes any of the following:
1. 
The opening or commencement of any adult business as a new business;
2. 
The conversion of an existing business, whether or not an adult business, to any adult business;
3. 
The additions of any adult business to any other existing adult business; or
4. 
The relocation of any adult business.
LICENSEE
A person in whose name a license to operate an adult 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 an adult business.
MANAGER
Any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity, including adult entertainment, occurring at any adult entertainment business.
MINOR
Any person less than eighteen (18) years of age.
NUDE MODEL STUDIO
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 of Missouri 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:
1. 
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
2. 
Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
3. 
Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.
NUDITY or A STATE OF NUDITY
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 discernible turgid state.
PATRON
Any person who enters an adult business without regard to whether a purchase is made from the adult business or compensation is paid to the adult business or any employee of the adult business for merchandise, entertainment or service.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC PLACE
Any area generally visible to public view and including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles, whether moving or not.
SEMI-NUDE or IN A SEMI-NUDE CONDITION
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.
SERVER
Any person, other than an entertainer, who serves food or drink at an adult business.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
1. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. 
Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.
1. 
Uncovered or exposed:
a. 
Human genitals, pubic region or pubic hair; or
b. 
Buttock; or
c. 
Female breast or breasts below a point immediately above the top of the areola; or
d. 
Any combination of the foregoing; or
e. 
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related Offenses Chapter of the Missouri Criminal Code.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
3. 
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.
VIEWING AREA
The area where a customer or member would ordinarily be positioned while watching an exhibition, performance or dance.
[Ord. No. 2470, 11-13-2018]
A. 
The following standards of conduct must be adhered to by employees of any adult entertainer arcade while on the adult entertainment facility premises:
1. 
No employee or entertainer shall be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any specified anatomical area, except when such entertainer or employee is separated from any and all customers by a window or other partition which is maintained free of holes or other structural openings which would permit physical contact between such entertainer and employee and any customer within the viewing area. However, a single opening in such window or partition, allowing for payment for entertainment, by a customer by the entertainer, shall be permitted, said opening measuring one (1) inch in height, commonly referred to as a "mail slot."
2. 
No employee or entertainer shall perform:
a. 
Any specified sexual activities; or
b. 
The displaying of any specified anatomical area; except as provided for in Subsection A(1) of this Section.
3. 
No employee or entertainer who is either not separated from any and all customers as provided in Subsection (A)(1) of this Section, or in an area of the premises not open to customers shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection (A)(1) of this Section.
4. 
No employee or entertainer shall knowingly touch any anatomical area of another person, or knowingly permit another person to touch any specified anatomical area of such employee or entertainer; or no employee or entertainer shall knowingly fondle or caress any specified anatomical area of such employee or entertainer, whether such area is clothed, unclothed, covered or exposed.
5. 
No entertainer of any adult arcade shall be visible from any public place during the hours of his/her employment, or apparent hours of his/her employment, while such entertainer is unclothed or in such attire, costume or clothing to expose to view any specified anatomical area, or while performing any entertainment, either while clothed or unclothed.
6. 
No entertainer shall solicit, demand or receive any payment or gratuity from any customer for any act prohibited by this Chapter.
7. 
No entertainer shall receive any payment or gratuity from any customer, except through an opening in the window or partition separating such entertainer from a customer, as described in Subsection (A)(1) of this Section.
B. 
At any adult entertainer arcade, the following are required:
1. 
A sign, on which upper-case letters shall be at least two (2) inches high, and lower-case letters shall be at least one (1) inch high, shall be conspicuously displayed in the common area at the principal entrance to the adult entertainer arcade and shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF RICHMOND, 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 breast, 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, customer or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks and/or genitals unless in an adult entertainment business which does not hold a liquor license and separated at least 6 feet from the nearest customer and upon a stage at least 18 inches above the immediate floor level.
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage, or while such entertainer is not on the stage, by either placing such payment or gratuity into the entertainer's hand or under the entertainer's leg garter.
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, entertainer or patron or engage in solicitation for prostitution
[Ord. No. 2470, 11-13-2018]
A. 
Adult businesses are classified as follows:
1. 
Adult arcades;
2. 
Adult bookstores, adult novelty stores or adult video stores;
3. 
Adult cabarets;
4. 
Adult motels;
5. 
Adult motion picture theaters;
6. 
Adult theaters;
7. 
Escort agencies;
8. 
Nude model studios; and
9. 
Sexual encounter centers.
[Ord. No. 2470, 11-13-2018]
A. 
It is unlawful:
1. 
For any person to operate an adult business without a valid adult business license issued by the City pursuant to this Chapter.
2. 
For any person who operates an adult business to employ a person to work for the adult business who is not licensed as an adult business employee by the City pursuant to this Chapter.
3. 
For any person to obtain employment with an adult business without having secured an adult business employee license pursuant to this Chapter.
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 Chapter. 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 Chapter.
D. 
A person, who wishes to operate an adult business, must sign the application for a license as an applicant. If a person other than an individual wishes to operate an adult business, all persons legally responsible for the operations of the adult 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 an adult 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.
d. 
If the applicant intends to operate the adult business under a name other than that of the applicant, he or she must state: (1) the adult business's fictitious name, and (2) submit the required registration documents.
e. 
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this Chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
f. 
Whether the applicant, or a person residing with the applicant, has had a previous license under this Chapter or other similar adult business Chapters from another City or County denied, suspended or revoked, including the name and location of the adult 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 Chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
g. 
Whether the applicant, or a person residing with the applicant, holds any other licenses under this Chapter or other similar adult business ordinance from another City or County and, if so, the names and locations of such other licensed businesses.
h. 
The single classification of license for which the applicant is filing.
i. 
The location of the proposed adult business, including a legal description of the property, street address and telephone number(s), if any.
j. 
The applicant's mailing address and residential address.
k. 
A recent photograph of the applicant(s).
l. 
The applicant's driver's license number.
m. 
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.
n. 
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 adult businesses within one thousand (1,000) 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 (1,000) 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.
o. 
If an applicant wishes to operate an adult 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 420.140.
F. 
Before any applicant may be issued an adult 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 an adult 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 Chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
[Ord. No. 2470, 11-13-2018]
A. 
Upon the filing of said application for an adult 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 Chapter;
4. 
The adult 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 Chapter; or
5. 
The applicant has had an adult business employee license revoked by the City within two (2) years of the date of the current application. If the adult 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 420.100.
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 Chapter 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 420.060.
C. 
Within thirty (30) days after receipt of a completed adult 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 an adult business within the preceding twelve (12) months or whose license to operate an adult 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 Chapter.
6. 
The premises to be used for the adult 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 Chapter 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 Chapter.
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 adult business and the classification for which the license is issued pursuant to Section 420.030. All licenses shall be posted in a conspicuous place at or near the entrance to the adult 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.
F. 
An adult business license shall issue for only one (1) classification as found in Section 420.030.
G. 
Current Zoning and Conditional Use Approval.
[Ord. No. 2470, 11-13-2018]
A. 
Every application for an adult business license (whether for a new license or for renewal of an existing license) shall be accompanied by a five thousand dollars ($5,000.00) non-refundable application and investigation fee.
B. 
In addition to the application and investigation fee required above, every adult business that is granted a license (new or renewal) shall pay to the City an annual non-refundable license fee of five thousand dollars ($5,000.00) within thirty (30) days of license issuance or renewal.
C. 
Every application for an adult business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual one thousand dollars ($1,000.00) non-refundable application, investigation and license fee.
D. 
All license applications and fees shall be submitted to the Clerk of the City.
[Ord. No. 2470, 11-13-2018]
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 an adult 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 an adult business or his or her agent or employee commits a misdemeanor if he or she refuses to permit such lawful inspection of the premises at any time it is open for business.
[Ord. No. 2470, 11-13-2018]
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 420.040. 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. 2470, 11-13-2018]
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:
1. 
Violated or is not in compliance with any Section of this Chapter;
2. 
Refused to allow an inspection of the adult business premises as authorized by this Chapter.
[Ord. No. 2470, 11-13-2018]
A. 
The City shall revoke a license if a cause of suspension in Section 420.090 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 adult 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 an adult business license for one (1) year from the date the revocation became effective. If, subsequent to revocation, the City tends 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. 2470, 11-13-2018]
A licensee shall not transfer his/her license to another, nor shall a licensee operate an adult business under the authority of a license at any place other than the address designated in the application.
[Ord. No. 2470, 11-13-2018]
A. 
A person commits a misdemeanor if that person operates or causes to be operated an adult business in any zoning district other than that approved by the Zoning Board as defined and described in the Richmond Zoning Code.
B. 
A person commits an offense if the person operates or causes to be operated an adult business within one thousand (1,000) 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 Richmond 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 Richmond 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 an adult business within one thousand (1,000) feet of another adult business.
D. 
A person commits a misdemeanor if that person causes or permits the operation, establishment or maintenance of more than one (1) adult business in the same building, structure or portion thereof or the increase of floor area of any adult business in any building, structure or portion thereof containing another adult 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 an adult 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) adult 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 adult business lawfully operating on March 24, 2004, 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 uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more adult businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the adult 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. 
An adult 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 adult business license, of a use listed in Subsection (B) of this Section within one thousand (1,000) feet of the adult 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. 2470, 11-13-2018]
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 Chapter.
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 or she rents or subrents a sleeping room to a person and, within ten (10) hours from the time the room is rented, he or she rents or subrents the same sleeping room again.
C. 
For purposes of Subsection (B) of this Section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
[Ord. No. 2470, 11-13-2018]
A. 
A person who operates or causes to be operated an adult 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.
B. 
A person having a duty under Subsections (1) through (14) of Subsection (A) above commits a misdemeanor if he or she knowingly fails to fulfill that duty.
[Ord. No. 2470, 11-13-2018]
A. 
An escort agency shall not employ any person under the age of eighteen (18) years.
B. 
A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.
[Ord. No. 2470, 11-13-2018]
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. 2470, 11-13-2018]
A. 
It shall be a misdemeanor for a person who knowingly and intentionally in an adult 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 an adult 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 an adult 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 an adult 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. 2470, 11-13-2018]
A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of an adult business.
[Ord. No. 2470, 11-13-2018]
No adult business, except for an adult motel, may remain open at any time between the hours of 1:00 A.M. and 8:00 A.M. on weekdays and Saturdays and 1:00 A.M. and Noon (12:00 P.M.) on Sundays.
[Ord. No. 2470, 11-13-2018]
A. 
It is a defense to prosecution under Section 420.170 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 (1) time.
[Ord. No. 2470, 11-13-2018]
A person who operates or causes to be operated an adult business without a valid license or in violation of Section 420.120 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine or imprisonment to be decided by the Municipal Court. Each day an adult business so operates is a separate offense or violation. As per Section 100.100, General Penalty in the City of Richmond Municipal Code.