[R.O. 2007 §18-115; Ord. No. 6463 §1, 2-4-2002]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Persons who have attained the age of eighteen (18) years.
Any business:
That has as a substantial or significant purpose in the sale
or rental of merchandise that is intended for use in connection with
specified sexual activities or that emphasizes matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas; or
That has as one (1) of its regular and substantial business
purposes:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
The providing of services that are intended to provide sexual
arousal or excitement or that allow observation of specified sexual
activities or specified anatomical areas ancillary to other pursuits
or allow participation in specified sexual activities ancillary to
other pursuits.
The definition of "adult business" also includes,
but is not limited to, any and all of the following specific adult
businesses as defined herein:
Businesses that offer merchandise for sale or rent.
ADULT MEDIA OUTLETA business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of "adult media". For purposes of this Subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the sale or rental of "adult media" if any one (1) or more of the following criteria are satisfied:
Forty percent (40%) or more of the sales (including rentals)
measured in dollars over any consecutive ninety (90) day period is
derived from "adult media";
Forty percent (40%) or more of the number of transactions measured
over any consecutive ninety (90) day period relate to "adult media";
Forty percent (40%) or more of the dollar value of all merchandise
displayed at any time is attributable to "adult media";
Forty percent (40% or more of the inventory consists of "adult
media" at any time;
Forty percent (40%) or more of the merchandise displayed for
sale or rental consists of "adult media" at any time; or
Forty percent (40%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) is devoted to "adult media" at
any time.
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The presumption that a "substantial or significant" portion
of a business is devoted to the sale or rental of "adult media", based
upon the above guidelines, shall be rebuttable.
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ADULT NEWSRACK: Any coin- or card-operated
device that offers for sale by dispensing printed material which is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
ADULT RETAIL ESTABLISHMENT: A business that
displays or offers goods for sale or rent and that meets any of the
following tests:
It displays or offers for sale or rent items from any two (2)
of the following categories: "Sexually-oriented toys or novelties";
lingerie; clothing that graphically depicts "specified anatomical
areas"; leather goods designed or marketed for use for sexual bondage
or sadomasochistic practices; and the combination of such items constitutes:
Ten percent (10%) or more of the sales (including rentals) measured
in dollars over any consecutive ninety (90) day period;
Ten percent (10%) or more of the number of sales transactions
measured over any consecutive ninety (90) day period;
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time;
Ten percent (10%) or more of all inventory at any time;
Ten percent (10%) or more of the merchandise displayed for sale
at any time; or
Ten percent (10%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) at any time;
Five percent (5%) or more of the sales (including rentals) measured
in dollars over any consecutive ninety (90) day period is derived
from "sexually-oriented toys or novelties";
Five percent (5%) or more of the number of sales transactions
measured over any consecutive ninety (90) day period relate to "sexually-oriented
toys or novelties";
Five percent (5%) or more of the dollar value of all merchandise
displayed at any time is attributable to "sexually-oriented toys or
novelties";
Five percent (5%) or more of all inventory consists of "sexually-oriented
toys or novelties" at any time;
Five percent (5%) or more of the merchandise displayed for sale
consists of "sexually-oriented toys or novelties" at any time; or
Five percent (5%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) is devoted to "sexually-oriented
toys or novelties" at any time.
Businesses that provide entertainment.
ADULT ENTERTAINMENT BUSINESSAny business to which the public, patrons or member are invited or admitted and where providing "adult entertainment", as defined herein, as a regular and substantial portion of its business.
The definition of "adult entertainment business" also includes, but is not limited to, any and all of the following
specific adult entertainment businesses as defined herein:
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate or consort with employees, performers and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons with the intent of providing sexual arousal or excitement to such patrons.
ADULT ENTERTAINMENT CABARET: An establishment
where a regular and substantial portion of its business is providing
adult entertainment which features strippers, male or female impersonators
or live performances or material which depict, portray, exhibit or
display specified anatomical areas or specified sexual activities
or are intended to arouse or excite the sexual desires of the entertainer,
other entertainer or patron.
ADULT ENTERTAINMENT STUDIO: (Includes the terms "rap studio", "exotic dance studio", "sensitivity studio" or "encounter studio") An establishment whose premises are physically arranged so as to
provide booths, cubicles, rooms, compartments or stalls separate from
the common areas of the premises and where a regular and substantial
portion of its business is providing entertainment which features
materials or live performances characterized by an emphasis on or
features materials relating to specified sexual activities or the
exhibition of specified anatomical areas.
ADULT MOTION PICTURE THEATER: An establishment
with a screen or projection areas, where a regular and substantial
portion of its business is the exhibition to patrons of films, videotapes
or motion pictures which are intended to provide sexual arousal or
sexual excitement to the patrons and which are distinguished by or
characterized by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical areas.
ADULT THEATER: An establishment where a regular
and substantial portion of its business is providing the live performance
of activities relating to specified sexual activities or exhibition
of specified anatomical areas of live performers for observation by
patrons.
BODY PAINTING STUDIO: An establishment where
a regular and substantial portion of its 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 patron's view specified anatomical areas.
Businesses that provide services.
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations, containing more than one hundred fifty (150) square feet of gross floor area, for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical area" by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodicals) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.
BATH HOUSE: An enterprise where a regular and
substantial portion of its business is offering baths and/or showers
with other persons present who are nude or displaying specified anatomical
areas.
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 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 if the entertainment
depicts, portrays, exhibits or displays specified anatomical areas
or specified sexual activities.
Books, magazines, periodicals, other printed matter, pictures,
slides, records, audiotapes, videotapes, compact discs, motion pictures,
films, CD-ROMS or other devices used to record computer images or
other media which are distinguished or characterized by an emphasis
on matters depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas".
Any booth, cubicle, stall or compartment which is designed,
constructed or used to hold or seat patrons and is used for presenting
or viewing motion pictures or viewing publications which are distinguished
or characterized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas" by any
photographic, electronic, magnetic tape, digital or other medium (including,
but not limited to, film, video, magnetic tape, laser disc, CD-ROM,
books, magazines or periodicals) for observation by patrons therein.
"Adult video viewing booths" are sometimes referred to as "peep shows",
"adult video arcades", "panoramas" and "adult mini-motion picture
theaters". An "adult video viewing booth" shall not mean a theater,
movie house, playhouse or a room or enclosure or a portion thereof
which contains more than one hundred fifty (150) square feet of gross
floor area.
Those diseases which are set out in Missouri Code of State
Regulations, Department of Health, 19 C.S.R. 20-20.020, as amended.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult business.
Any person who provides adult entertainment within an adult
business, whether or not a fee is charged or accepted for entertainment.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
Any person less than eighteen (18) years of age.
The appearance of the human bare buttocks, anus, human genitals,
the areola or the nipple of the female breast or a state of dress
which fails to opaquely or fully cover the anus, human genitals or
the areola or the nipple of the female breast.
To own, conduct or maintain the affairs of any adult business.
Any person owning, operating, conducting or maintaining an
adult business.
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, provided that the term
"patron" shall not include persons who enter an adult business for
the sole purpose of providing service or merchandise to the adult
business and who do not remain in the adult business after the purpose
had been accomplished including, but not limited to, persons performing
construction, repair or maintenance on the premises or delivering
goods or merchandise to the adult business and any such similar activity.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, government entity or
other entity or group of persons however organized.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food and drink at an adult entertainment
business.
Instruments, devices or paraphernalia which either depict
"specified anatomical areas" or are designed or marketed for use in
connection with "specified sexual activities". In determining whether
an item is "designed or marketed for use" in connection with "specified
sexual activities", the following guidelines may be considered:
Expert testimony as to the principal use of the item;
Evidence concerning the total business of a person or business
establishment and the type of merchandise involved in the business;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment;
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
The physical or structural characteristics of the item; or
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
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Any person may request an interpretive ruling from the Chief
of Police or his/her designee as to whether a particular item is considered
by the City to be "designed or marketed for use" in connection with
"specified sexual activities". An application for an interpretative
ruling shall be made in writing to the Chief of Police and shall be
accompanied by such other information as may reasonably be requested
under the circumstances pertaining to the specific item about which
a ruling is requested. The Chief of Police shall issue a written interpretive
ruling within ten (10) business days following submission of a completed
application. The decision of the Chief of Police may be appealed to
the City Council within fifteen (15) days following the date of the
interpretive ruling by submitting a written notice of appeal to the
City Clerk.
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Uncovered or exposed human genitals, pubic region or pubic hair,
buttocks, female breast or breasts below a point immediately above
the top of the areola encircling the nipple or any combination of
the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Any of the following acts of intended sexual arousal or excitement:
Sexual conduct including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
Fondling or other intentional touching of a person's clothed
or unclothed genitals, pubic area, buttocks or the breast of a female;
Sadomasochistic acts; or
Acts involving animals or latent objects.
[R.O. 2007 §18-116; Ord. No. 6463 §1 §2-4-2002]
A.
It
shall be unlawful for any person to operate or maintain an adult entertainment
business in the City unless the owner, operator or lessee thereof
has obtained an adult entertainment business license from the City
or to operate such business after such license has been revoked or
suspended by the City.
B.
It
is unlawful for any entertainer, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult entertainment business.
C.
It
shall be prima facia evidence that any adult entertainment business
that fails to have posted, in the mariner required by this Section,
an adult entertainment business license, has not obtained such a license.
In addition, it shall be prima facia evidence that any entertainer,
employee, manager or owner who performs any business, service or entertainment
in an adult entertainment business in which any adult entertainment
business license is not posted, in the manner required by this Section,
had knowledge that such business was not licensed.
[R.O. 2007 §18-117; Ord. No. 6463 §1, 2-4-2002]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[R.O. 2007 §18-118; Ord. No. 6463 §1, 2-4-2002]
A.
The
license year for all fees required under this Chapter shall be from
each July first (1st) through June thirtieth (30th). The application
for a license shall be accompanied by payment in full of the fee stated
in this Section by certified or cashier's check or money order; and
no application shall be considered complete until such fee is paid.
B.
All
licenses shall be issued for a specific location and shall be non-refundable
and non-transferable.
C.
The
classification of licenses and fees for each shall be as follows:
1.
Adult entertainment business license fee is five hundred dollars
($500.00) per year;
2.
Adult entertainment manager's license fee is twenty dollars ($20.00)
per year;
3.
Adult entertainer's license fee is twenty dollars ($20.00) per year;
4.
Adult entertainment server's license fee is twenty dollars ($20.00)
per year.
[R.O. 2007 §18-119; Ord. No. 6463 §1, 2-4-2002; Ord.
No. 6645 §3, 9-15-2003]
A.
Adult Entertainment Business License. All persons desiring
to secure a license to operate an adult entertainment business under
the provisions of this Chapter shall make a notarized application
with the City Clerk. All applications shall be submitted in the name
of the person proposing to conduct or operate the adult entertainment
business. All applications shall be submitted on a form supplied by
the City Clerk and shall require the following information:
1.
The name, residence address, home telephone number, occupation, date
and place of birth and Social Security number of the applicant.
2.
The name of the adult entertainment business, a description of the
adult entertainment business to be performed or conducted on the licensed
premises and the name of the owner of the premises where the adult
entertainment business will be located.
3.
The names, residence addresses, Social Security numbers and dates
of births of all partners, if the application is a partnership; and
if the applicant is a corporation, the same information for all corporate
officers and directors and stockholders who own more than ten percent
(10%) or greater interest in the corporation.
4.
The addresses of the application or of all partners or of all corporate
officers and directors for the five (5) years immediately prior to
the date of application.
5.
A description of the adult entertainment or similar business history
of the applicant or of all partners or of all corporate officers and
directors, whether any such person or entity, in previously operating
in this or another City, County or State, has had a business license
revoked or suspended, the reason therefore and the activity or occupation
subjected to such action, suspension or revocation.
6.
A statement of the business, occupation or employment of the application
or of all partners or of all corporate officers and directors for
the three (3) years immediately preceding the date of the application.
7.
A statement from the applicant or from each partner or from each
corporate officer and director, that each such person has not been
convicted of, released from confinement for conviction of or diverted
from prosecution of:
a.
A felony criminal act within five (5) years immediately preceding
the application, or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code or involved controlled substances or illegal drugs or
narcotics offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
8.
On applications requesting a license to operate a bathhouse or body
painting studio, the applicant shall submit to the City Clerk within
forty-eight (48) hours of the time each employee begins employment
a health certificate from a duly licensed Missouri physician stating
that within ninety (90) days prior to the date of employment, such
employee has been examined and found free of any contagious or communicable
disease as defined herein. This shall be a continuing requirement
and shall also initially apply to the applicant.
The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution of a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
9.
A full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant or of all partners if the applicant is
a partnership or of all corporate officers and directors if the applicant
is a corporation.
10.
If the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State.
11.
A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult entertainment businesses.
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Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
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B.
Adult Entertainment Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of
this Chapter to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. All applications
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall
be submitted on a form supplied by the City Clerk and shall require
the following information.
1.
The applicant's name, home address, home telephone number, date and
place of birth, Social Security number and any stage names or nicknames
used in entertaining.
2.
The name and address of each adult entertainment business where the
applicant intends to work as a manager, server or entertainer and
an "intent to hire" statement from an adult entertainment business
that is licensed, or that has applied for a license, under the provisions
of this Chapter, indicating the adult entertainment business intends
to hire the applicant to manage, serve or entertain on the premises.
3.
A statement from the applicant that the applicant has not been convicted
of, released from confinement for conviction of or diverted from prosecution
on:
a.
A felony criminal act within five (5) years immediately preceding
the application, or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code or involved controlled substances or illegal drugs or
narcotics offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution of a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics.
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4.
A full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant.
5.
The applicant shall present to the City Clerk who shall copy documentation
that the applicant has attained the age of twenty-one (21) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A motor vehicle operator's license issued by any State bearing this
applicant's photograph and date of birth;
b.
A State-issued identification card bearing the applicant's photograph
and date of birth;
c.
An official and valid passport issued by the United States of America;
d.
An immigration card issued by the United States of America;
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk; or
f.
Any other form of identification deemed reliable by the City Clerk.
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Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
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C.
Application Processing. Upon receipt of a complete application
for an adult entertainment or an adult entertainment manager, server
or entertainer license, the City Clerk shall immediately transmit
one (1) copy of the application to the Chief of Police for investigation
of the application. In addition, the City Clerk shall transmit a copy
of the application to the City inspector. It shall be the duty of
the Chief of Police or his/her designee to investigate such application
to determine whether the information contained in the application
is accurate and whether the applicant is qualified to be issued the
license applied for. The Chief of Police shall report the results
of the investigation to the City Clerk not later than ten (10) working
days from the date the application is received by the City Clerk.
It shall be the duty of the City inspector to determine whether the
structure where the adult entertainment business will be conducted
complies with the requirements and meets the standards of the applicable
health, zoning, building code, fire and property maintenance ordinances
of the City. The City inspector shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk.
[R.O. 2007 §18-120; Ord. No. 6463 §1, 2-4-2002]
A.
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee and if the reports of the Chief of Police and the City inspector are satisfactory, the City Clerk shall, if the applicant is qualified, issue a license as provided for by law, provided a license shall not be approved to any person ineligible under Section 635.070.
B.
The
license shall state that it is not transferable to other persons and
the calendar year for which it is issued. The license shall be kept
posted in a conspicuous place in the place of business that is licensed
or where the licensee is working.
C.
If
an application for a license is disapproved, the applicant shall be
immediately notified by registered or certified mail to the applicant's
last known address and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provided
by law.
[R.O. 2007 §18-121; Ord. No. 6463 §1, 2-4-2002]
A.
No
person is eligible nor shall a license be issued to:
1.
An adult entertainment business applicant if one (1) or more of the
following conditions exist:
a.
The applicant's premises is located within one thousand two hundred
fifty (1,250) feet of any school, church, City park, licensed child
care center or property zoned or used for residential purposes, which
uses are located within the City limits. Measurements shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's enterprise
to the nearest point on the property line of such school, church,
City park, licensed day care center or property zoned or used for
residential purposes located within the City.
b.
The applicant's premises is located within one thousand two hundred fifty (1,250) feet of any other adult entertainment business for which there is a license issued or of any business licensed to sell or serve alcoholic beverages as defined in Chapter 600 of the City Code, whether or not such business is also an adult entertainment business as defined in this Chapter. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such other adult entertainment business or business licensed to sell or serve alcoholic beverages.
c.
The applicant failed to supply all of the information request on
the application.
d.
The applicant gave materially false, fraudulent or untruthful information
on the application.
e.
The applicant's proposed business premises does not comply with or
meet the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City, provided, that
upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the Governing Body.
f.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 635.050(A) during the time period set forth in said Section.
g.
The applicant has had an adult entertainment license revoked or suspended
in this or any other City during the past five (5) years.
h.
If the applicant is applying for a license to operate a bathhouse
or body painting studio and applicant has not produced a health certificate
as required herein for all persons working on the premises.
2.
An applicant for an adult entertainment manager, server or entertainer
if one (1) or more of the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (1) above.
b.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 635.050(B) during the time period set forth in said Section.
c.
The applicant failed to provide all the information required on the
application.
d.
The applicant gave materially false, fraudulent or untruthful information
on the application.
e.
The applicant has had an adult entertainment manager, server or entertainer
license revoked or suspended in this or any other City during the
past five (5) years.
[R.O. 2007 §18-122; Ord. No. 6463 §1, 2-4-2002]
A.
The
following standards of conduct shall be adhered to by all adult entertainment
business licensees, their employees and all adult entertainment business
managers, servers and entertainers and patrons of adult entertainment
businesses while on or about the premises of the business:
1.
Age restriction. Only persons twenty-one (21) years
of age or older shall be permitted on the premises of any adult entertainment
business.
2.
Exterior observation. The premises of all adult
entertainment businesses will be so constructed as to include an anteroom,
foyer, partition or other physical barrier on all customer entrances
that will insure observation of the interior of the premises is not
observable from the exterior of the building. In addition, all windows
will be covered to prevent viewing of the interior of the building
from the outside and all doorways not constructed with a anteroom
or foyer will be covered so as to prevent observation of the interior
of the premises from the exterior of the building.
3.
Exterior display. No adult entertainment business
will be conducted in any manner that permits the observation of live
performers engaged in an erotic depiction or dance or any material
or persons depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas", as defined herein, from
any exterior source by display, decoration, sign, show window or other
opening.
4.
Nudity prohibited. No employee, server or entertainer
in an adult entertainment business shall appear nude, unclothed, in
less than opaque attire or in any fashion that exposes to view any
specified anatomical area.
5.
Certain acts prohibited.
a.
No employee, server or entertainer shall perform any specified sexual
activities as defined herein, wear or use any device or covering exposed
to view which simulates any specified anatomical area, use artificial
devices or inanimate objects to perform or depict any of the specified
sexual activities as defined herein or participate in any act of prostitution.
b.
No employee, server or entertainer or patron of an adult entertainment
business shall knowingly touch, fondle or caress any specified anatomical
area of another person or knowingly permit another person to touch,
fondle or caress any specified anatomical area of such employee, server,
entertainer or patron, whether such specified anatomical areas are
clothed, unclothed, covered or exposed.
c.
No employee, server or entertainer of an adult entertainment business
shall be visible from the exterior of the adult entertainment business
while such person is unclothed or in such attire, costume or clothing
as to expose to view any specified anatomical area.
d.
No adult entertainer shall solicit, demand or receive any payment
or gratuity from any patron or customer for any act prohibited by
this Chapter and no adult entertainer shall receive any payment or
gratuity from any customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform, a customer
or patron may place such payment or gratuity into a box affixed to
the stage, or
(2)
While such entertainer is not on the stage or platform and is
clothed so as to not expose to view any specified anatomical area,
a customer or patron may place such payment or gratuity into the entertainer's
hand.
e.
No owner, operator, manager or other person in charge of the premises
of an adult entertainment premises shall:
(1)
Knowingly permit alcoholic beverages to be brought upon or consumed on the premises (unless otherwise permitted pursuant to Chapter 600, Alcoholic Beverages, of the City Code),
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or illegal drug or narcotic
on the premises,
(3)
Knowingly allow or permit any person under the age of twenty-one
(21) years to be in or upon the premises,
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises, or
(5)
Knowingly allow or permit a violation of this Chapter or any
other City ordinance provision or State law.
(6)
Signs required.
(a)
All adult businesses shall conspicuously display on the principal
entrance to the premises a sign, visible from the exterior of the
premises, on which uppercase letters shall be at least two (2) inches
high and lowercase letters at least one (1) inch high, which shall
read as follows:
THIS BUSINESS IS AN ADULT BUSINESS ONLY PERSONS EIGHTEEN (18)
YEARS OF AGE OR OLDER SHALL BE PERMITTED ON THE PREMISES.
(b)
All adult entertainment businesses shall have conspicuously
displayed in the common area at the principal entrance to the premises
a sign, of which uppercase letters shall be at least two (2) inches
high and lowercase letters at least one (1) inch high, which shall
read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF POPLAR BLUFF.
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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 breasts, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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Not permitted to be nude, unclothed or in less than opaque attire,
costume or clothing so as to expose to view any portion of the breasts
below the top of the areola or any portion of the pubic region, buttocks
and/or genitals and must be upon a stage at least two (2) feet above
the customer floor and a sufficient distance from the customers to
prevent the customers from touching the entertainers.
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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
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While such entertainer is not on the stage, by placing such
payment or gratuity into the entertainer's hand.
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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, server or entertainer
or engage in solicitation for prostitution.
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(7)
Lighting required. The premises of all adult
entertainment businesses shall be equipped with overhead lighting
of sufficient intensity to illuminate every place to which customers
are permitted access at an illumination of not less that one (1) foot-candle
at the floor level and such illumination must be maintained at all
times that any customer or patron is present in or on the premises.
(8)
Closed booths or room prohibited. The premises
of all adult entertainment businesses shall be physically arranged
in such manner that the entire interior portions of any booths, cubicles,
rooms or stalls is visible from a common area of the premises. Visibility
shall not be blocked or obscured by doors, curtains, drapes or any
other obstruction whatsoever.
(9)
Ventilation and sanitation requirements. The
premises of all adult entertainment businesses shall be kept in a
sanitary condition. Separate dressing rooms and restrooms for men
and women shall at all times be maintained and kept in a sanitary
condition.
(10)
Hours of operation. No adult entertainment
business may be open or in use between the hours of 1:30 A.M. and
9:00 A.M. on any day other than a Sunday when the business may not
be open between the hours of 1:30 A.M. and 12:00 Noon.
(11)
Facilities necessary. No adult business license
to conduct a bathhouse or body painting studio shall be issued unless
an inspection by an appropriate City Official reveals that the premises
on which the applicant intends to conduct such business complies with
each of the following minimum requirements:
(a)
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given or showers
taken. Floors shall be free from any accumulation of dust, dirt or
refuse. All equipment used in the business operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal
use of operators and patrons shall be clean and freshly laundered.
Towels, cloths and sheets shall not be used for more than one (1)
patron. Heavy, white paper may be substituted for sheets provided
that such paper is changed for every patron. No activity related to
an adult business shall be carried on within any cubicle, room, booth
or any area within any permitted establishment which is fitted with
a door capable of being locked.
(b)
Toilet facilities shall be provided in convenient locations.
Toilets shall be designated as to the sex accommodated therein.
(c)
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in dispenser
and with sanitary towels.
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An appropriate City Official shall certify that the proposed
business establishment complies with all of the requirements of this
Section and shall give or send such certification to the City Clerk.
Provided however, that nothing contained herein shall be construed
to eliminate other requirements of Statute or ordinance concerning
the maintenance of premises nor to preclude authorized inspection
thereof. The appropriate City Official may recommend the issuance
of a license contingent upon the compliance with any requirements
in this Section.
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[R.O. 2007 §18-123; Ord. No. 6463 §1, 2-4-2002]
A.
Every
person, corporation, partnership or association licensed under this
Chapter as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B.
Every
person holding an adult entertainment server, manager or entertainer
license shall post his/her license in his/her work area on the adult
entertainment facility premises so it shall be readily available for
inspection by City authorities responsible for enforcement of this
Chapter.
[R.O. 2007 §18-124; Ord. No. 6463 §1, 2-4-2002]
A.
An
adult entertainment manager shall be on duty at any adult entertainment
business at all times the premises is open for business. The name
of the manager on duty shall be prominently posted during business
hours.
B.
It
shall be the responsibility of the managers to verify that any person
who provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment servers license and that such licenses are prominently
posted.
[R.O. 2007 §18-125; Ord. No. 6463 §1, 2-4-2002]
All adult entertainment businesses shall permit representatives
of the Poplar Bluff Police Department or any other City Official acting
in an official capacity to inspect the premises as necessary to insure
the business is complying with all applicable regulations and laws.
[R.O. 2007 §18-126; Ord. No. 6463 §1, 2-4-2002]
A.
Whenever
the City Clerk has information that:
1.
The owner or operator of an adult entertainment business or a holder
of an adult entertainment manager, server or entertainer license has
violated or knowingly allowed or permitted the violation of any of
the provisions of this Chapter;
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of an adult entertainment business knew or should have known that
such violations were committed;
3.
The adult entertainment business license or the adult entertainment
manager, server or entertainer license was obtained through false
statements in the application for such license or renewal thereof;
4.
The adult entertainment business licensee or the adult entertainment
manager, server or entertainer licensee failed to make a complete
disclosure of all information in the application for such license
or renewal thereof;
5.
The owner or operator or any partner or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 635.050(A); or
6.
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 635.050(B), then the City Clerk shall give the licensee written notice of the charges against him/her and the opportunity for a public hearing before the City Clerk to determine whether the license should be suspended or revoked. Based upon the evidence produced at the hearing, the City Clerk may take any of the following actions:
a.
Suspend the license for up to ninety (90) days.
b.
Revoke the license for the remainder of the license year.
c.
Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of the Chapter occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, the license will be revoked for the remainder of
the license year.
[R.O. 2007 §18-127; Ord. No. 6463 §1, 2-4-2002]
A.
In
any instance in this Chapter wherein a hearing is required, the Governing
Body shall, after no less than ten (10) days' written notice to the
applicant or licensee, hold such hearing to ascertain all facts in
the matter.
B.
Notice
of such hearing shall be in writing and shall set forth the reason
for the hearing or the complaint against the licensee and shall be
served upon the licensee in person or by registered or certified mail
to the licensee's last known address. In the event that the Governing
Body is unable to serve the adult entertainment business licensee
in person and any notice sent by mail is returned by the postal service,
the Governing Body shall cause such notice to be posted at the principal
entrance of the adult entertainment business and such posting shall
be a valid means of service.
C.
At
such hearing, an applicant or licensee shall have full right to be
represented by counsel, to produce witnesses and other evidence and
to cross-examine all witnesses who appear against him/her. Oral evidence
shall be taken only upon oath or affirmation. All proceedings in such
hearing shall be recorded and transcribed as required by law. The
Governing Body may receive evidence relevant to the issues from the
applicant or licensee. Witnesses may be subpoenaed and upon request
of any party, the Governing Body shall issue subpoenas and in a proper
case, subpoenas duces tecum which shall be served and returned as
in civil actions in Circuit Court.
D.
The
Governing Body shall issue findings of fact and conclusions of law
and in order wherein it dismisses the complaint or suspends or revokes
the license previously issued. The Governing Body's order shall be
served upon the applicant or licensee in person or by registered or
certified mail to the applicant's or licensee's last known address.
In the event that the Governing Body is not able to serve such order
upon the licensee or applicant for renewal license in the manner stated
above, such order may be served by posting such order at the principal
entrance of the adult entertainment business and such posting shall
be a valid means of service.
[R.O. 2007 §18-128; Ord. No. 6463 §1, 2-4-2002]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on June thirtieth
(30th) of each calendar year and renewal applications for such licenses
shall be submitted between June fifteenth (15th) and June thirtieth
(30th).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[R.O. 2007 §18-129; Ord. No. 6463 §1, 2-4-2002]
Following the entry of an order by the City Clerk suspending
or revoking a license issued pursuant to this Chapter or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Clerk
may stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and/or final disposition of proceedings
for judicial review.
[R.O. 2007 §18-130; Ord. No. 6463 §1, 2-4-2002]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not exceeding five hundred dollars ($500.00) or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of or failure,
refusal or neglect to comply with any provision of this Chapter shall
constitute a separate and distinct offense.
[R.O. 2007 §18-131; Ord. No. 6463 §1, 2-4-2002]
The City Clerk shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Chapter.
[R.O. 2007 §18-132; Ord. No. 6463 §1, 2-4-2002]
A.
Any establishment operating as of the date of enactment of this Chapter which falls under the definition of adult entertainment business as that term is defined in Section 635.010 must comply with the permit procedure required by this Chapter within thirty (30) days after the date of enactment of this Chapter.
B.
Any
establishment operating as of the date of enactment of this Chapter
whose application for an adult entertainment establishment permit
is denied by the City Clerk for one (1) of the reasons stated in this
Chapter shall have two (2) years from the date of the establishment's
application for the permit to rectify the situation which caused the
City Clerk to deny issuance of the permit. The establishment shall
be allowed to operate under a provisional permit during the two (2)
year period and must comply with all other requirements of this Chapter.
