[R.O. 2016 § 606.010; Ord. No. 441-02 § 2, 11-12-2002]
As used in this Chapter, the following
terms shall have these prescribed meanings:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image-producing devices are regularly maintained to show
images to five (5) or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by
their emphasis upon matter exhibiting "specified sexual activities"
or "specified anatomical areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which has more than twenty-five
percent (25%) of its stock-in-trade in, or derives more than twenty-five
percent (25%) of its revenues from the sale or rental of, or devotes
more than twenty-five percent (25%) of its advertising budget to the
promotion of the sale or rental of, or maintains more than twenty-five
percent (25%) of its sales or display space for the sale or rental,
for any form of consideration, of any one (1) or more of the following:
1.
Books, magazines, periodicals or
other printed matter or photographs, films, motion pictures, video
cassettes, compact discs, slides or other visual representations which
are characterized by their emphasis upon the exhibition or display
of "specified sexual activities" or "specified anatomical areas";
2.
Instruments, devices or paraphernalia
which are designed for use or marketed primarily for stimulation of
human genital organs or for sadomasochistic use or abuse of themselves
or others.
ADULT CABARET
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment, regardless of whether alcoholic beverages
are served, which regularly features persons who appear semi-nude.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
1.
Offers accommodations to the public
for any form of consideration; provides patrons with closed-circuit
television transmissions, films, motion pictures, video cassettes,
slides or other photographic reproductions which are characterized
by the exhibition or display of "specified sexual activities" or "specified
anatomical areas"; and has a sign visible from the public right-of-way
which advertises the availability of this adult type of photographic
reproductions; and either:
2.
Offers a sleeping room for rent for
a period of time that is less than ten (10) hours; or
3.
Allows a tenant or occupant of a
sleeping room to subrent the room for a period of time that is less
than ten (10) hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nude or live performances which are characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities."
CHARACTERIZED BY
Describing the essential character or dominant theme of an
item.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
The dominant or principal theme of the object referenced.
For instance, when the phrase refers to films "which are distinguished
or characterized by an emphasis upon the exhibition or display of
specified sexual activities or specified anatomical areas," the films
so described are those whose dominant or principal character and theme
are the exhibition or display "specified anatomical areas" or "specified
sexual activities."
EMPLOY, EMPLOYEE, or EMPLOYMENT
Any person who performs any service on the premises of a
sexually oriented business on a full-time, part-time, or contract
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises
or for the delivery of goods to the premises.
ENFORCEMENT OFFICER
The City Director of Community Development or such person
as may be designated by the City Council.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip or other consideration.
ESTABLISH or ESTABLISHMENT
Includes any of the following:
1.
The opening or commencement of any
sexually oriented business as a new business;
2.
The conversion of an existing business,
whether or not a sexually oriented business, to any sexually oriented
business;
3.
The additions of any sexually oriented
business to any other existing sexually oriented business; or
4.
The relocation of any sexually oriented
business.
LICENSEE
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license; and in the case of an employee,
a person in whose name a license has been issued authorizing employment
in a sexually oriented business.
NUDITY or STATE OF NUDITY
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
OPERATOR
Any person on the premises of a sexually oriented business
who causes the business to function, puts or keeps the business in
operation, or is authorized to manage the business or exercise overall
operational control of the business premises. A person may be found
to be operating or causing to be operated a sexually oriented business
whether or not such person is an owner, part owner, or licensee of
the business.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMI-NUDE or STATE OF SEMI-NUDITY
The showing of the female breast below a horizontal line
across the top of the areola and extending across the width of the
breast at such point, or the showing of the male or female buttocks.
Such definition includes the lower portion of the human female breast,
but shall not include any portion of the cleavage of the female breasts
exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing
apparel provided the areola is not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO
Any place where a person appears semi-nude and is provided
to be observed, sketched, drawn, painted, sculptured or photographed
by other persons who pay money or any form of consideration. Semi-nude
model studio shall not include a proprietary school licensed by the
State of Missouri or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college or university supported
entirely or partly by taxation; or in a structure:
1.
That has no sign visible from the
exterior of the structure and no other advertising that indicates
a nude or semi-nude person is available for viewing; and
2.
Where in order to participate in
a class a student must enroll at least three (3) days in advance of
the class; and
3.
Where no more than one (1) nude or
semi-nude model is on the premises at any one (1) time.
SEXUAL ENCOUNTER CENTER
A business or commercial establishment that, as one (1) of
its principal business purposes, offers, for any form of consideration,
a place where two (2) or more persons may congregate, associate or
consort for the purpose of "specified sexual activities." The definition
of sexual encounter establishment or any sexually oriented businesses
shall not include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the State
engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS
Includes:
1.
An adult bookstore or adult video store. "Adult bookstore" or
"adult video store" means a commercial establishment which, as one
of its principal business activities, offers for sale or rental for
any form of consideration any one (1) or more of the following: books,
magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs,
slides, or other visual representations which are characterized by
their emphasis upon the display of specified sexual activities or
specified anatomical areas. A principal business activity exists where
the commercial establishment:
a.
Has a substantial portion of its displayed merchandise which
consists of such items; or
b.
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
c.
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
d.
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
e.
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
f.
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion-picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five (5) or fewer
persons per machine at any one time, and where the images so displayed
are characterized by their emphasis upon matter exhibiting specified
sexual activities or specified anatomical areas.
3.
An adult motion-picture theater. "Adult motion-picture theater"
means a commercial establishment where films, motion pictures, video
cassettes, slides, or similar photographic reproductions, which are
characterized by their emphasis upon the display of specified sexual
activities or specified anatomical areas are regularly shown to more
than five (5) persons for any form of consideration.
4.
A semi-nude model studio. "Semi-nude model studio" means a place
where persons regularly appear in a state of semi-nudity for money
or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where persons
appearing in a state of semi-nudity do so in a modeling class operated:
a.
By a college, junior college, or university supported entirely
or partly by taxation;
b.
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
c.
In a structure:
(1)
Which has no sign visible from the exterior of the structure
and no other advertising that indicates a semi-nude person is available
for viewing; and
(2)
Where, in order to participate in a class, a student must enroll
at least three (3) days in advance of the class.
d.
A sexual encounter center. "Sexual encounter center" means a
business or commercial enterprise that, as one of its principal purposes,
purports to offer for any form of consideration physical contact in
the form of wrestling or tumbling between two (2) or more persons
when one (1) or more of the persons is semi-nude.
SPECIFIED ANATOMICAL AREAS
Include:
1.
Less than completely and opaquely
covered: human genitals, pubic region, buttock, and female breast
below a point immediately above the top of the areola; and
2.
Human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
1.
Prostitution or promotion of prostitution;
dissemination of obscenity; sale, distribution or display of harmful
material to a minor; sexual performance by a child; possession or
distribution of child pornography; public lewdness; indecent exposure;
indecency with a child; engaging in organized criminal activity relating
to a sexually oriented business; sexual assault; molestation of a
child; or distribution of a controlled substance; or any similar offenses
to those described above under the criminal or penal code of other
States or countries;
2.
For which:
a.
Less than two (2) years have elapsed
since the date of conviction or the date of release from confinement
imposed for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
b.
Less than five (5) years have elapsed
since the date of conviction or the date of release from confinement
for the conviction, whichever is the later date, if the conviction
is of a felony offense; or
c.
Less than five (5) years have elapsed
since the date of the last conviction or the date of release from
confinement for the last conviction, whichever is the later date,
if the convictions are of two (2) or more misdemeanor offenses or
combination of misdemeanor offenses occurring within any twenty-four
(24) month period.
3.
The fact that a conviction is being
appealed shall have no effect on the disqualification of the applicant
or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1.
Intercourse, oral copulation, masturbation,
or sodomy; or
2.
Excretory functions as a part of or in connection with any of the activities described in Subsection
(1) of this definition.
SUBSTANTIAL
At least thirty percent (30%) of the item or items so modified.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
1.
The sale, lease or sublease of the
business;
2.
The transfer of securities which
constitute a controlling interest in the business whether by sale,
exchange or similar means; or
3.
The establishment of a trust, gift
or other similar legal device which transfers the ownership or control
of the business, except for transfer by bequest or other operation
of law, upon the death of the person possessing the ownership or control.
[R.O. 2016 § 606.020; Ord. No. 441-02 § 3, 11-12-2002]
A. Sexually oriented businesses are classified
as follows:
2.
Adult bookstores, adult novelty stores
or adult video stores;
5.
Adult motion picture theaters;
8.
Semi-nude model studios; and
9.
Sexual encounter centers.
[R.O. 2016 § 606.030; Ord. No. 441-02 § 4, 11-12-2002; Ord. No. 999-12 § 1, 8-14-2012]
A. It is unlawful:
1.
For any person to operate a sexually
oriented business without a valid sexually oriented business license
issued by the City pursuant to this Chapter.
2.
For any person who operates a sexually
oriented business to employ a person to work for the sexually oriented
business who is not licensed as a sexually oriented business employee
by the City pursuant to this Chapter.
3.
For any person to obtain employment
with a sexually oriented business without having secured a sexually
oriented business employee license pursuant to this Chapter.
4.
For any person to establish a sexually
oriented business when such person or any person with an "influential
interest," as that term is defined by Section 573.531, RSMo., in the
sexually oriented business has been convicted of or pled guilty or
nolo contendere to a "specified criminal act," and eight (8) years
has not elapsed since the date of conviction or release from confinement,
whichever is later.
B. An application for a license must be made
on a form provided by the City. All applicants must be qualified according
to the provisions of this Chapter.
C. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file with the Enforcement Officer a completed application made on a form prescribed and provided by the City Clerk. An application shall be considered complete if it includes the information required in this Section. The applicant shall be qualified according to the provisions of this Chapter. The application shall be notarized. The application shall include the information called for in Subsection
(C)(1) through
(6) as follows:
1.
The full true name and any other
names used in the preceding five (5) years.
2.
Current business address and, if
none, then current residential address.
3.
Either a set of fingerprints suitable
for conducting necessary background checks pursuant to this Chapter
or the applicants social security number to be used for the same purpose.
4.
If the application is for a sexually
oriented business license, the name, business location, legal description,
business mailing address and phone number of the proposed sexually
oriented business.
5.
Written proof of age in the form
of either:
a.
A copy of a birth certificate and
current photo;
b.
Current driver's license with picture;
or
c.
Other picture identification document
issued by a governmental agency.
6.
The issuing jurisdiction and the
effective dates of any license or permit held by the applicant relating
to a sexually oriented business, whether any such license or permit
has been denied, revoked or suspended and, if so, the reason or reasons
therefor.
7.
If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to Subsection
(C)(1) through
(7) of this Section shall be supplemented in writing by certified mail, return receipt requested, to the Enforcement Officer within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
D. The application for a sexually oriented
business license shall be accompanied by 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 shall 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.
E. If a person who wishes to operate a sexually oriented business is an individual, he/she shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, such as a corporation, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under Section
606.040 and each applicant shall be considered a licensee if a license is granted.
F. A person who possesses a valid business
license is not exempt from the requirement of obtaining any required
sexually oriented business license. A person who operates a sexually
oriented business and possesses a business license shall comply with
the requirements and provisions of this Chapter, where applicable.
G. The information provided by an applicant
in connection with the application for a license under this Chapter
shall be maintained by the Enforcement Officer on a confidential basis
and may be disclosed only:
1.
To other governmental agencies in
connection with a law enforcement or public safety function; or
2.
As may otherwise be required by law
or court order.
[R.O. 2016 § 606.040; Ord. No. 441-02 § 5, 11-12-2002]
A. Upon the filing of a completed application
for a sexually oriented business license or a sexually oriented business
employee license, the Enforcement Officer shall issue a temporary
license to the applicant, which temporary license shall expire upon
the final decision of the Enforcement Officer to deny or grant the
license. Within (20) days after the receipt of a completed application,
the Enforcement Officer shall either issue a license or issue a written
notice of intent to deny a license to the applicant. The Enforcement
Officer shall approve the issuance of a license unless one (1) or
more of the following is found to be true:
1.
An applicant is less than eighteen
(18) years of age.
2.
An applicant is delinquent in the
payment to the City of taxes, fees, fines or penalties assessed against
or imposed upon the applicant in relation to a sexually oriented business.
3.
An applicant has failed to provide information as required by Section
606.030 for issuance of the license.
4.
An applicant, or a business entity
for which the applicant had, at the time of an offense leading to
a criminal conviction described herein, a management responsibility
or a controlling interest, has been convicted of a specified criminal
activity as defined in this Chapter. The fact that a conviction is
being appealed shall have no effect.
5.
The license application fee required
by this Section has not been paid.
6.
An applicant has falsely answered
a question or request for information on the application form.
7.
The proposed sexually oriented business
is located in a zoning district other than "C-1" General Commercial,
"C-2" Central Business District, "C-3" Planned Commercial District,
or "M-1" Light Industrial or is not in compliance with the location
restrictions established for sexually oriented businesses in the appropriate
zoning districts.
B. An applicant ineligible for a license due to Subsection
(A)(4) of this Section may qualify for a sexually oriented business license only when the time period required by the applicable Subsection has elapsed.
C. The license, if granted, shall state on
its face the name of the person or persons to whom it is granted,
the number of the license issued to that applicant, the expiration
date and, if the license is for a sexually oriented business, the
address of the sexually oriented business. A sexually oriented business
employee license shall contain a photograph of the licensee. The sexually
oriented business license shall be posted in a conspicuous place at
or near the entrance to the sexually oriented business so that it
may be easily read at any time. A sexually oriented business employee
shall keep the employee's license on his or her person or on the premises
where the licensee is then working or performing and shall produce
such license for inspection upon request by a Law Enforcement Officer
or other authorized City Official.
[R.O. 2016 § 606.050; Ord. No. 441-02 § 6, 11-12-2002]
A. The non-refundable initial license fee and annual renewal fee for a sexually oriented business license or a sexually oriented business employee license shall be set by the City Council at an amount determined to be sufficient to pay the cost of administering this program, subject to Subsection
(B) herein.
B. In no event shall the fees exceed three
hundred fifty dollars ($350.00) for the initial license and two hundred
dollars ($200.00) for the renewal fee for a sexually oriented business
license. In no event shall the fees exceed one hundred fifty dollars
($150.00) for the initial license and seventy-five dollars ($75.00)
for the renewal fee for a sexually oriented business employee license.
[R.O. 2016 § 606.060; Ord. No. 441-02 § 7, 11-12-2002]
A. An applicant, operator or licensee shall
permit Law Enforcement Officers, and any other Federal, State, County
or City agency in the performance of any function connected with the
enforcement of this Chapter, normally and regularly conducted by such
agencies, to inspect those portions of the premises of a sexually
oriented business where patrons or customers are permitted to occupy
for the purpose of ensuring compliance with this Chapter at any time
the business is occupied or open for business.
B. The provisions of this Section do not apply
to areas of an adult motel which are currently being rented by a customer
for use as a permanent or temporary habitation.
[R.O. 2016 § 606.070; Ord. No. 441-02 § 8, 11-12-2002]
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
606.030. 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 shall be granted a license if at least ninety
(90) days have elapsed since the date denial became final.
[R.O. 2016 § 606.080; Ord. No. 441-02 § 9, 11-12-2002]
A. The City shall issue a written intent to
suspend a license for a period not to exceed thirty (30) days if it
determines that a licensee or an employee of a licensee has:
1.
Violated or is not in compliance
with any Section of this Chapter or the Park Hills zoning regulations;
2.
Refused to allow an inspection of
the sexually oriented business premises as authorized by this Chapter;
or
3.
Knowingly allowed or permitted a
violation of any local, State or Federal law on the sexually oriented
business premises.
[R.O. 2016 § 606.090; Ord. No. 441-02 § 10, 11-12-2002]
A. The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in Section
606.080 occurs and the license has been suspended within the preceding twelve (12) months.
B. The Enforcement Officer shall issue a written
statement of intent to revoke a sexually oriented business license
if the officer determines that:
1.
A licensee gave false or misleading
information in the material submitted during the application process;
2.
A licensee has knowingly allowed
possession, use or sale of controlled substances on the premises;
3.
A licensee has knowingly allowed
prostitution on the premises;
4.
A licensee knowingly operated the
sexually oriented business during a period of time when the licensee's
license was suspended;
5.
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. This Subsection
will not apply to an adult motel, unless the licensee knowingly allowed
sexual activities to occur either:
a.
In exchange for money; or
b.
In a public place or within public
view.
C. The fact that a conviction is being appealed
shall have no effect on the revocation of the license.
D. When, after the notice and hearing procedure described in Section
606.100, the Enforcement Officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective, provided that, if the conditions of Section
606.100(B) are met, a provisional license will be granted pursuant to that Section. If, subsequent to revocation, the Enforcement Officer finds that the basis for the revocation found in Subsections
(B)(1) and
(B)(4) of this Section has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
[R.O. 2016 § 606.100; Ord. No. 441-02 § 11, 11-12-2002]
A. If the Enforcement Officer determines that
facts exist for denial, suspension or revocation of a license under
this Chapter, the Enforcement Officer shall notify the applicant or
licensee (respondent) in writing of the intent to deny, suspend or
revoke the license, including the grounds therefor, by personal delivery
or by certified mail. The notification shall be directed to the most
current business address (or if no business address is given, the
residential address) on file with the Enforcement Officer. Within
five (5) working days of receipt of such notice, the respondent may
provide to the City Administrator in writing a response that shall
include a statement of reasons why the license or permit should not
be denied, suspended or revoked. Within three (3) days of the receipt
of respondent's written response, the City Administrator shall notify
respondent in writing of the hearing date on respondent's denial,
suspension or revocation proceeding.
1.
Within ten (10) working days of the
receipt of respondent's written response, the City Administrator shall
conduct a hearing at which respondent shall have the opportunity to
be represented by counsel and present evidence and witnesses on his
or her behalf. A record shall be made of said hearing. If a response
is not received by the City Administrator in the time stated or, if
after the hearing the City Administrator finds that grounds as specified
in this Chapter exist for denial, suspension or revocation, then such
denial, suspension or revocation shall become final five (5) days
after the City Administrator sends, by certified mail, written notice
that the license has been denied, suspended or revoked. Such notice
shall include written findings of fact from the evidence offered at
the hearing and a statement advising the applicant or licensee of
the right to appeal such decision to a court of competent jurisdiction.
2.
If the City Administrator finds that
no grounds exist for denial, suspension or revocation of a license,
then within five (5) days after the hearing, the City Administrator
shall withdraw the intent to deny, suspend or revoke the license and
shall so notify the respondent in writing by certified mail of such
action and shall contemporaneously therewith issue the license.
B. When a decision to deny, suspend or revoke
a license becomes final, the applicant or licensee (aggrieved party)
whose application for a license has been denied or whose license has
been suspended or revoked shall have the right to appeal such action
to a court of competent jurisdiction. Upon the filing of any court
action to appeal, challenge, restrain or otherwise enjoin the City's
enforcement of the denial, suspension or revocation, the City shall
immediately issue the aggrieved party a provisional license. The provisional
license shall allow the aggrieved party to continue operation of the
sexually oriented business or to continue employment as a sexually
oriented business employee and will expire upon the court's entry
of a judgment on the aggrieved party's action to appeal, challenge,
restrain or otherwise enjoin the City's enforcement.
[R.O. 2016 § 606.110; Ord. No. 441-02 § 12, 11-12-2002]
A licensee shall not transfer his/her
license to another, nor shall a licensee operate a sexually oriented
business under the authority of a license at any place other than
the address designated in the application.
[R.O. 2016 § 606.120; Ord. No. 441-02 § 13, 11-12-2002]
A. A person commits an ordinance violation
if that person operates or causes to be operated a sexually oriented
business in any zoning district other than "C-1 " General Commercial,
"C-2" Central Business District, "C-3" Planned Commercial District,
or "M-1" Light Industrial, as defined and described in the Zoning
Code.
B. A person commits an ordinance violation
if the person operates or causes to be operated a sexually oriented
business within one thousand (1,000) feet of a licensed premises licensed
pursuant to the Missouri Liquor Control Law.
C. A person commits an ordinance violation
if the person operates or causes to be operated a sexually oriented
business within one thousand (1,000) feet of any of the following
when the following is located within the City of Park Hills:
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 Park Hills zoning regulations;
4.
A public park or recreational area
which has been designated for park or recreational activities including
but not limited to a park, playground, nature trails, swimming pool,
reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle
paths, wilderness areas, or other similar public land within the City
which is under the control, operation or management of the City park
and recreation authorities;
5.
The property line of a lot devoted
to a residential use as defined in the Zoning Code; or
6.
An entertainment business which is
oriented primarily towards children or family entertainment.
D. A person commits an ordinance violation
if that person causes or permits the operation, establishment, substantial
enlargement, or transfer of ownership or control of a sexually oriented
business within one thousand (1,000) feet of another sexually oriented
business.
E. A person commits an ordinance violation
if that person operates or causes to be operated a sexually oriented
business within five hundred (500) feet of any corporate limit of
the City of Park Hills.
F. A person commits an ordinance violation
if that person causes or permits the operation, establishment, or
maintenance of more than one (1) sexually oriented business in the
same building, structure, or portion thereof, or the increase of floor
area of any sexually oriented business in any building, structure,
or portion thereof containing another sexually oriented business.
G. For the purposes of Subsection
(C) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection
(C).
H. For purposes of Subsection
(B) of this Section, the distance between a sexually oriented business and a premises licensed pursuant to the Missouri Liquor Control law 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. For purposes of Subsection
(D) of this Section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located. For purposes of Subsection
(E) of this Section, the distance between a sexually oriented business and a corporate limit of the City of Park Hills shall be measured in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is located to the nearest corporate limit of the City of Park Hills.
I. Any sexually oriented business lawfully operating on November 12, 2002, that is in violation of Subsections
(A) through
(H) of this Section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue unless voluntarily discontinued for a period of thirty (30) days or more or the Sexually Oriented Business license expires or is revoked. 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 sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are non-conforming.
J. A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in Subsection
(C) of this Section within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked; provided, however, that this provision shall not apply if the sexually oriented business has been voluntarily discontinued for a period of thirty (30) days or more.
[R.O. 2016 § 606.130; Ord. No. 441-02 § 14, 11-12-2002]
A. A person who operates or causes to be operated
a sexually oriented business, other than an adult motel, which exhibits
on the premises in a viewing room of less than one hundred fifty (150)
square feet of floor space, a film, video cassette, live entertainment
or other video reproduction which depicts specified sexual activities
or specified anatomical areas shall comply with the following requirements:
1.
Upon application for a sexually oriented
license, the application shall be accompanied by a diagram of the
premises showing a plan thereof specifying the location of one (1)
or more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager's station may not exceed thirty-two
(32) square feet of floor area. The diagram shall also designate the
place at which the permit will be conspicuously posted, if granted.
A professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object
and should be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all areas of
the interior of the premises to an accuracy of plus or minus six (6)
inches. The City may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it was prepared.
2.
The application shall be sworn to
be true and correct by the applicant.
3.
No alteration in the configuration
or location of a manager's station may be made without the prior approval
of the City.
4.
It is the duty of the licensee of
the premises to ensure that at least one (1) licensed employee is
on duty and situated in each manager's station at all times that any
patron is present inside the premises.
5.
The interior of the premises shall
be configured in such a manner that there is an unobstructed view
from a manager's station of every area of the premises to which any
patron is permitted access for any purpose, excluding rest rooms.
Rest rooms 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(A)(5) 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) foot-candles as measured at the floor level.
9.
It shall be the duty of the licensee
to ensure that the illumination described above is maintained at all
times that any patron is present in the premises.
10.
No licensee shall allow openings
of any kind to exist between viewing rooms or booths.
11.
No person shall make or attempt to
make an opening of any kind between viewing booths or rooms.
12.
The licensee shall, during each business
day, regularly inspect the walls between the viewing booths to determine
if any openings or holes exist.
13.
The licensee shall cause all floor
coverings in viewing booths to be non-porous, easily cleanable surfaces
with no rugs or carpeting.
14.
The licensee shall cause all wall
surfaces and ceiling surfaces in viewing booths to be constructed
of, or permanently covered by, non-porous, easily cleanable material.
No wood, plywood, composition board or other porous material shall
be used within forty eight (48) inches of the floor.
B. A person having a duty under Subsection
(A)(1) through
(14) above commits an ordinance violation if he/she knowingly fails to fulfill that duty.
[R.O. 2016 § 606.140; Ord. No. 441-02 § 15, 11-12-2002]
A. An escort agency shall not employ any person
under the age of eighteen (18) years.
B. A person commits an offense if the person
acts as an escort or agrees to act as an escort for any person under
the age of eighteen (18) years.
[R.O. 2016 § 606.150; Ord. No. 441-02 § 16, 11-12-2002]
A. It shall be an ordinance violation for
a person who knowingly and intentionally in a sexually oriented business
appears in a state of nudity or engages in specified sexual activities.
B. No employee shall knowingly or intentionally,
in a sexually oriented business, appear in a semi-nude condition unless
the employee, while semi-nude, shall be and remain on a fixed stage
at least six (6) feet from all patrons and at least eighteen (18)
inches from the floor in a room of at least six hundred (600) square
feet.
C. It shall be an ordinance violation for
an employee, while semi-nude in a sexually oriented business, to receive
directly any pay or gratuity from any patron or customer or for any
patron or customer to pay or give any gratuity directly to any employee
while said employee is semi-nude in a sexually oriented business.
D. It shall be an ordinance violation for
an employee, while semi-nude, to knowingly and intentionally touch
a customer or the clothing of a customer.
[R.O. 2016 § 606.160; Ord. No. 441-02 § 17, 11-12-2002]
A. No employee, while on the sexually oriented
business premises, shall perform any specified sexual activity, wear
or use any device or covering exposed to view which stimulates 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 or patron of a sexually oriented
business, while on the sexually oriented business premises, 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 or patron,
whether such specified anatomical areas are clothed, unclothed, covered
or exposed.
C. No licensee shall knowingly permit any
employee, while on the sexually oriented business premises, to perform
any specified sexual activity, wear or use any device or covering
exposed to view which stimulates 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.
D. No licensee shall knowingly permit any
employee or patron of a sexually oriented business, while on the sexually
oriented business premises, to 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 or patron, whether such specified anatomical areas are
clothed, unclothed, covered or exposed.
E. No licensee shall knowingly permit alcoholic
liquor or cereal malt beverages to be brought or consumed on the sexually
oriented business premises, unless a separate liquor license has been
issued for the business.
F. No licensee shall knowingly allow or permit
the sale, distribution, delivery or consumption of any controlled
substance or illegal drug or narcotic on the sexually oriented business
premises.
G. No licensee shall knowingly allow or permit
any act of prostitution or patronizing prostitution on the sexually
oriented business premises.
H. A person having a duty under Subsections
(C) through
(G) above commits an ordinance violation if he/she knowingly fails to fulfill that duty.
[R.O. 2016 § 606.170; Ord. No. 441-02 § 18, 11-12-2002]
A person commits an ordinance violation
if the person knowingly allows a person under the age of eighteen
(18) years on the premises of a sexually oriented business.
[R.O. 2016 § 606.180; Ord. No. 441-02 § 19, 11-12-2002; Ord. No. 999-12 § 2, 8-14-2012]
No sexually oriented business, except
for an adult motel, may remain open at any time between 12:00 A.M.
and 8:00 A.M. Monday through Saturday, or between 12 Midnight and
12:00 Noon on Sunday.
[R.O. 2016 § 606.190; Ord. No. 441-02 § 20, 11-12-2002]
A. It is a defense to prosecution under Section
606.150 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.
[R.O. 2016 § 606.200; Ord. No. 441-02 § 21, 11-12-2002]
A. All sexually oriented businesses shall
have conspicuously displayed inside the main entrance to the building
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, which
shall read as follows:
"THIS BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF PARK HILLS. No persons under the age of eighteen (18)
years of age are permitted."
B. For each adult cabaret and adult theater, the sign required by Subsection
(A) shall also include information to read as follows:
ENTERTAINERS ARE:
|
---|
Not permitted to engage in any type
of sexual conduct or prostitution on the premises or to fondle 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 their breasts, pubic region,
buttocks or genitals.
|
CUSTOMERS ARE:
|
---|
Not permitted to touch, caress or
fondle the breasts, pubic region, buttocks or genitals of any employee,
server or entertainer or engage in sexual conduct or solicitation
for prostitution.
|
[R.O. 2016 § 606.210; Ord. No. 441-02 § 22, 11-12-2002]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section
606.110 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 of up to five hundred dollars ($500.00) or thirty (30) days imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.