[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.
[Ord. No. 2470, 11-13-2018]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any business:
That has as one (1) of its significant business purposes:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
The providing of services that 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.
The definition of "adult business" also includes, but is not
limited to:
Businesses that provide entertainment including, but not limited
to:
"Adult entertainment business" meaning any business to which
the public, patrons or members are invited or admitted and where "adult
entertainment" is provided.
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.
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.
Businesses that provide services, including, but not limited
to:
"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.
"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.
"Bathhouse" meaning an enterprise where a significant portion
of its business is offering baths and/or showers.
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:
Where such exhibition, performance, display or dance is intended
to arouse or excite the sexual desires of the entertainer, other entertainers
or patrons, or
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.
Those diseases which are set out in the Missouri Statutes
and regulations.
Any person who:
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
Enters an adult entertainment business and purchases, rents
or otherwise partakes of any merchandise, goods, entertainment or
other services offered therein; or
Is a member of and on the premises of an adult entertainment
business as a private club.
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.
Any person who provides adult entertainment within an adult
entertainment business, whether or not a fee is charged or accepted
for entertainment.
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:
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.
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.
Any person less than eighteen (18) years of age.
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:
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 (1) 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 discernible turgid state.
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.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
Any area generally visible to public view and including streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles, whether moving or not.
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.
Any person, other than an entertainer, who serves food or
drink at an adult business.
A business or commercial enterprise that, as one (1) of its
principal business purposes, offers for any form of consideration:
Uncovered or exposed:
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.
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.
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."
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.
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:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE CITY OF
RICHMOND, MISSOURI.
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ENTERTAINERS ARE:
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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.
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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.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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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.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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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
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[Ord. No. 2470, 11-13-2018]
[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:
[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.
[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.
[Ord. No. 2470, 11-13-2018]
[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.
