[Ord. No. 1301 §1, 12-18-2000]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any business:
That has as a substantial or significant purpose 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;
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 NEWSRACKAny 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 ESTABLISHMENTA 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
area"; 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; or
Ten percent (10%) or more of the number of sales transactions
measured over any consecutive ninety (90) day period; or
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time; or
Ten percent (10%) or more of all inventory at any time; or
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; or
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"; or
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"; or
Five percent (5%) or more of the dollar value of all merchandise
displayed at any time is attributable to "sexually-oriented toys or
novelties"; or
Five percent (5%) or more of all inventory consists of "sexually-oriented
toys or novelties" at any time; or
Five percent (5%) or more of 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 members 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 MOTION PICTURE THEATERAn 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 THEATERAn 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.
ADULT ENTERTAINMENT CABARETAn 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 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.
BODY PAINTING STUDIOAn 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 the patron's view specified anatomical areas.
Businesses that provide services:
BATH HOUSEAn 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.
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 periodical) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.
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", "panorams" 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.
Note: As of the date of the adoption of this definition, there are
no known "adult video viewing booths" within the City, and the Unified
Development Code (See Title IV of this Code) specifically does not
list this as a permitted use in any existing zoning district.
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, governmental entity,
or other entity or group of persons, however organized.
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
or 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 interpretive
ruling shall be made in writing on a form provided by 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 Board of Aldermen 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.
[Ord. No. 1301 §2, 12-18-2000]
A.
It
is unlawful for any person to operate or maintain an adult business
in the City unless the owner of the adult business has obtained an
adult 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 business.
C.
The
failure to post an adult business license in the manner required herein
shall be prima facie evidence that an adult business has not obtained
such a license. In addition, it shall be prima facie evidence that
any entertainer, employee, manager or owner who performs any business,
service or entertainment in an adult business in which an adult business
license is not posted in the manner required herein had knowledge
that such business is not licensed.
D.
Any
business that engages in the barter, rental or sale of items consisting
of printed matter, pictures, slides, records, audiotapes, videotapes,
compact discs, motion pictures, films or other media, if such business
is not open to the public in general but only to one (1) or more classes
of the public, excluding any minor by reason of age, or if a substantial
or significant portion of such items are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas" shall be deemed to have
consented to periodic entry into and inspection of the business premises
by appropriate City Officials and inspection by those officials of
only those business records necessary for the limited purpose of determining
whether such business enterprise is an "adult business" as defined
herein. This entry and inspection shall take place during hours when
such business is open to the public, unless otherwise requested by
the business, and shall not unreasonably interfere with the conduct
of such business.
[Ord. No. 1301 §3, 12-18-2000]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City, or to work as an entertainer, server or manager
at an adult business after such person's license to do so had been
revoked or suspended.
[Ord. No. 1301 §4, 12-18-2000]
A.
The
license year for all fees required herein shall be from each January
first (1st) through December thirty-first (31st). The application
for a license shall be accompanied by payment in full of the fee in
the amount of one hundred dollars ($100.00) for each adult business
license and thirty dollars ($30.00) for each manager, server or entertainer
license 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 non-transferable to other persons but shall not
be limited to a specific adult business that is properly licensed
under this Chapter. All license fees shall be non-refundable.
C.
All
adult business licenses shall be issued only for the one (1) adult
business use listed on the application. Any change in the type of
adult use shall invalidate the adult business license and require
the licensee to obtain a new license for the change in use. A separate
license is required for each adult use.
[Ord. No. 1301 §5, 12-18-2000]
A.
Adult Business License. All persons desiring to secure a
license to operate an adult business as required herein shall make
a verified application with the City Clerk. All applications shall
be submitted in the name of the person who owns the adult business.
The application shall be signed by the applicant. If the applicant
is a corporation, the application shall be signed by its President.
If the applicant is a partnership, the application shall be signed
by a partner. In all other instances where the owner is not an individual,
where applicable, the application shall be signed by an authorized
representative of the owner. The City Clerk may require proof of authorization
before accepting an application. All applications shall be submitted
on a form supplied by the City Clerk and shall require all of the
following information:
1.
The name, residence address, home telephone number, occupation, date,
place of birth and social security number of the applicant.
2.
The tax identification number and registered agent if the owner is
required to have a tax identification number or registered agent.
3.
The name of the adult business, a description of the type of adult
business to be performed on the licensed premises, and the name of
the owner of the premises where the adult business will be located.
4.
The names, residence addresses, social security numbers and dates
of births of all partners, if the applicant is a partnership or limited
liability partnership, and if the applicant is a corporation or limited
liability company, the same information for all corporate officers
and directors and stockholders or members who own more than twenty-five
percent (25%) interest in the corporation.
5.
A statement from the applicant whether the applicant, or any corporate
officer or director, or stockholder, partner or member who owns more
than twenty-five percent (25%) interest in such entity, in previously
operating in this or another City, County or State, has had an adult
business license of any type revoked or suspended and, if so, the
reason for the suspension or relocation and the business activity
subjected to the suspension or revocation.
6.
A statement from the applicant, all partners or each corporate officer
and director that each such person has not been either: convicted
of, or released from confinement for conviction of, or diverted from
prosecution on:
a.
Any felony within the five (5) years immediately preceding the application,
or
b.
A misdemeanor within the two (2) years immediately preceding the
application, or
c.
A municipal or County ordinance violation within the two (2) years
immediately preceding the application where such felony, misdemeanor,
municipal or County ordinance violation involved sexual offenses,
prostitution, indecent exposure, sexual abuse of a child or pornography
or related offenses, or controlled substances or illegal drugs or
narcotics offenses as defined in the Missouri Statutes or County or
municipal ordinances.
7.
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.
8.
If the applicant is a corporation or limited liability company, a
current certificate of registration issued by the Missouri Secretary
of State.
9.
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 businesses.
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Failure to provide the information and documentation required
herein shall constitute an incomplete application. The City Clerk
shall notify the applicant whether or not the application is complete
within ten (10) working days of the date the application is received
by the City Clerk.
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B.
Manager, Server Or Entertainer License. All persons desiring
to secure a license to be a manager, server or entertainer shall make
a verified application with the City Clerk. All applications shall
be submitted in the name of the person proposing to be a manager,
server or entertainer. All applications shall be submitted on a form
supplied by the City Clerk and shall require all of 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.
A statement from the applicant that the applicant has not been convicted
of, or released from confinement for conviction of, or diverted from
prosecution on any felony, whichever event is later, within five (5)
years immediately preceding the application or has not been convicted
of, or diverted from prosecution on, a misdemeanor, or released from
confinement for conviction of a misdemeanor, whichever event is later,
within two (2) years immediately preceding the application where such
felony or misdemeanor involved sexual offenses, prostitution, indecent
exposure, sexual abuse of a child or pornography and related offenses,
or controlled substances or illegal drugs or narcotics offenses as
defined in the Missouri Statutes or municipal ordinances.
The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on 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.
3.
The applicant shall present to the City Clerk, who shall copy, documentation
that the applicant has attained the age of eighteen (18) 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 the
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 herein shall constitute
an incomplete application. The City Clerk shall notify the applicant
whether or not the application is complete within ten (10) working
days of the date the application was received by the City Clerk.
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C.
Application Processing. Upon receipt of an application for
an adult business, 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
Administrator and Building Official. It shall be the duty of the Chief
of Police to investigate such application to determine whether the
information contained in the application is accurate and whether the
application meets the requirements herein for issuance of the license
for which the application is made. The Chief of Police shall report
the results of the investigation to the City Clerk not later than
twenty (20) working days from the date the application is received
by the City Clerk. It shall be the duty of the Building Official to
determine whether the structure where the adult business will be conducted
complies with the requirements and meets the standards of the applicable
health, zoning, Building Code and Fire Code ordinances of the City.
The Building Official shall report the results of his/her investigation
to the City Clerk not later than twenty (20) working days from the
date the application is received by the City Clerk. Upon receipt of
the reports from the Chief of Police and the Building Official, the
City Clerk shall schedule the application for consideration by the
Governing Body at the earliest meeting consistent with the notification
requirements established by law, provided the license application
for an adult business, server, manager or entertainer license shall
be approved or disapproved within forty-five (45) days from the date
a application is received by the City Clerk. The applicant shall be
notified in writing of the date when the Governing Body will consider
the application and shall be afforded an opportunity to be heard at
that meeting.
[Ord. No. 1301 §6, 12-18-2000]
A.
The
Governing Body shall examine an application for an adult business
license or a manager, server or entertainer license within forty-five
(45) days of the date such application was received by the City Clerk.
After such examination, the Governing Body shall approve the issuance
of a license only if the appropriate license fee has been paid, the
applicant is qualified, and all the applicable requirements set forth
herein are met. No license shall be approved for any person ineligible
pursuant to the provisions herein. All incomplete applications shall
be denied.
B.
The
record of the Governing Body shall show the action taken on the application,
and if the license is granted, the Governing Body shall direct the
City Clerk to issue the proper license. The adult business license
and all manager, server and entertainer licenses shall state that
it is not transferable to other persons or entities and the calendar
year for which it is issued.
C.
If
an application for a license is denied, 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 the Jackson County Circuit Court in a
manner provided by law.
[Ord. No. 1301 §7, 12-18-2000]
A.
No
person is eligible nor shall a license be issued to:
1.
An applicant for an adult business license if one (1) or more of
the following conditions exist:
a.
The premises for which an application for an adult business has been
made is located within one thousand two hundred fifty (1,250) feet
of any school, church, licensed child care center or child care center
that has been inspected by the City or fire district, public park,
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 of the premises from which the adult business would
be operated to the nearest point on the property line of any school,
church, licensed child care center or child care center that has been
inspected by the City or fire district, public park or property zoned
or used for residential purposes located within the City;
(1)
Provided the phrase "property zoned or used for residential
purposes" shall not include any property zoned for residential use
for which a special use permit has been granted for an indefinite
period of time which permit allows a non-residential use; nor shall
it include property zoned for agricultural use that is more than five
(5) acres in size;
(2)
Provided further, the list of protected uses set forth herein
shall exclude streets, alleys and highway rights-of-way;
(3)
Provided further, any school, church, licensed child care center,
or child care center inspected by the City or Fire District located
within commercially zoned property pursuant to a special use permit
shall not be included as a protected use;
(4)
Provided further, that the one thousand two hundred fifty (1,250)
foot restriction between such uses may be waived by the Board of Aldermen
after review and recommendation by the Planning Commission if the
applicant demonstrates by substantial and competent evidence and it
is found that:
(a)
The proposed use will not be contrary to the public interest
or contrary to nearby properties, and that the spirit and intent of
this Chapter will be observed, and
(b)
The proposed use will not enlarge or encourage the development
of a "blighted area" as defined in Section 100.310, RSMo., as amended,
and
(c)
The establishment of an additional regulated use in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any program or urban renewal, and
(d)
All applicable regulations of this Chapter will be observed.
b.
The premises for which an application for an adult business has been
made is located within one thousand two hundred fifty (1,250) feet
of any other adult business for which there is a license issued by
the City regardless of whether such businesses are located on the
same property or separate properties. Measurements shall be made in
a straight line, without regard to intervening structures or objects,
from the premises from which an adult business would be operated to
the nearest point on the property line of such other adult business
located within the City;
(1)
Provided the list of protected uses set forth herein shall exclude
streets, alleys and highway rights-of-way, and
(2)
Provided further, that the one thousand two hundred fifty (1,250)
foot restriction between such regulated uses may be waived by the
Board of Aldermen after review and recommendation by the Planning
Commission if the applicant demonstrates by substantial and competent
evidence and it is found that:
(a)
The proposed use will not be contrary to the public interest
or contrary to nearby properties, and that the spirit and intent of
this Chapter will be observed, and
(b)
The proposed use will not enlarge or encourage the development
of a "blighted area" as defined in Section 100.310, RSMo., as amended,
and
(c)
The establishment of an additional regulated use in the area
will not be contrary to any program of neighborhood conservation nor
will it interfere with any program or urban renewal, and
(d)
All applicable regulations of this Chapter will be observed.
c.
The applicant knowingly failed to supply all of the information requested
on the application;
d.
The applicant knowingly 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 herein during
the time period set forth herein;
g.
The applicant has had an adult business license or comparable license
revoked or suspended in this or any other City during the past five
(5) years; or
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 a manager, server or entertainer license if one
(1) or more of the following conditions exist:
a.
The applicant has been convicted, released from incarceration for
conviction or diverted on any of the crimes set forth herein during
the time period set forth herein;
b.
The applicant knowingly failed to provide all of the information
required on the application;
c.
The applicant knowingly gave materially false, fraudulent or untruthful
information on the application;
d.
The applicant has had a manager, server or entertainer license revoked
or suspended in this or any other City during the past five (5) years;
or
e.
The applicant is applying for a license for a manager, server or
entertainer in a bathhouse or body painting studio and has not produced
a health certificate as required herein.
[Ord. No. 1301 §8, 12-18-2000]
A.
The
following standards of conduct shall be adhered to by all adult businesses,
their employees and all managers, servers and entertainers and patrons
of adult businesses while on or about the premises of the business:
1.
Identification cards. All or any manager, server
or entertainer issued a license by the Chief of Police under the provisions
contained herein shall, at all times when working in an adult business,
have in their possession a valid identification card issued by the
City bearing the permit number, the employee's physical description
and a photograph of such employee. Such identification cards shall
be laminated to prevent alteration.
2.
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted on the premises of any adult business.
3.
Exterior observation. The premises of all adult
businesses will be so constructed as to insure that 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 an anteroom or foyer will be covered so as to prevent observation
of the interior of the premises from the exterior of the building.
4.
Exterior display. No adult 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.
5.
Nudity prohibited. No manager, employee, server,
entertainer or patron in an adult business other than a licensed bathhouse
shall be nude or clothed in less than opaque attire.
6.
Certain acts prohibited.
a.
No manager, employee, server, entertainer or patron 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 or participate in any act of
prostitution as prohibited by State law or municipal ordinance while
on the premises of an adult business.
b.
All dancing or other live entertainment on the licensed premises
that is intended to provide sexual stimulation or to appeal to, arouse
or excite the sexual desire or interests of the patrons shall occur
and be performed solely on a platform or stage which is raised at
least two (2) feet above the primary level of the customer floor area.
In order to insure the performance area of the stage or performance
platform is not within the reach of patrons and to further insure
patrons are unable to touch the performers during their performances,
the licensee, owner, operator or manager shall either erect a physical
barrier between the performers and the patrons that effectively eliminates
the touching of the performers by the patrons or they shall paint
a clearly discernible boundary line on the stage surface beyond which
the performers shall not perform and which is sufficiently distant
from the forward edge of the stage to insure the patrons cannot touch
the performers. Further, it shall be unlawful for any patron to be
upon any portion of the stage during a performance or for an owner,
operator or manager to permit a patron to be upon any portion of the
stage during the performance.
c.
No employee, server, entertainer or patron of an adult business while
on the premises of an adult 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.
d.
No entertainer shall solicit, demand or receive any payment or gratuity
from any patron for any act prohibited herein and while on the premises
of an adult business and no entertainer shall receive any payment
or gratuity from any patron for any entertainment except as follows:
(1)
While such entertainer is on the stage, a patron may place such
payment or gratuity into a container affixed to the stage; or
(2)
While such entertainer is not on the stage but while on the
premises of an adult business and is clothed so as to not expose to
view any specified anatomical area, a patron may either place such
payment or gratuity into the entertainer's hand or under a leg garter
worn by such entertainer at least four (4) inches below the bottom
of the pubic region.
e.
No owner, operator, manager or other person in charge of the premises
of an adult business shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to
be brought upon the premises unless authorized to do so by a properly
issued and current drinking establishment or cereal malt beverage
license;
(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 eighteen
(18) to be in or upon the premises of an adult entertainment business;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises as prohibited by State law or municipal
ordinance; or
(5)
Knowingly allow or permit a violation of this Chapter or any
other City ordinance provision or State law.
7.
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:
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THIS BUSINESS IS AN ADULT BUSINESS.
ONLY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER SHALL BE PERMITTED
ON THE PREMISES.
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b.
All adult entertainment businesses that provide live entertainment
shall conspicuously display in the common area at the principal entrance
to the premises a sign, 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:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF OAK GROVE
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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.
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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 either placing
such payment or gratuity into the entertainer's hand or under the
entertainer's leg garter.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server, entertainer
or patron or engage in solicitation for prostitution.
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8.
Lighting required. The premises of all adult businesses
shall be equipped with overhead lighting of every place to which customers
are permitted access, at an illumination of not less than one (1)
foot-candle, as measured 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.
9.
Closed booths or rooms prohibited. The premises
of all adult businesses shall be physically arranged in such manner
that the entire interior portion 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. "Adult video viewing booths" are prohibited
whether or not the booth is visible from a common area of the premises.
10.
Ventilation and sanitation requirements. The premises
of all adult businesses shall be kept in a sanitary condition. Except
as otherwise provided herein, separate dressing rooms and rest rooms
for men and women shall at all times be maintained and kept in a sanitary
condition.
11.
Hours of operation. No adult business may be open
or in use:
12.
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 a 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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[Ord. No. 1301 §9, 12-18-2000]
A.
Every
person licensed as an adult business shall post such license in a
conspicuous place and manner on the adult business premises.
B.
Every
person holding a server, manager or entertainer license shall post
his/her license in his/her work area on the adult business premises
so it shall be readily available for inspection by City authorities
responsible for enforcement of this Chapter.
[Ord. No. 1301 §10, 12-18-2000]
A.
A manager
shall be on duty at all adult businesses at all times the premises
are 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 manager to verify that any person
who provides adult entertainment or works as a server within the premises
possesses a current and valid entertainer's or server's license and
that such licenses are prominently posted. It shall also be the responsibility
of the manager to insure minors do not enter upon the premises of
an adult entertainment business.
[Ord. No. 1301 §11, 12-18-2000]
All adult businesses shall permit representatives of the Police
Department or any other City Official acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
[Ord. No. 1301 §12, 12-18-2000]
A.
Whenever
the City Clerk has information that:
1.
The owner or operator of an adult business or a holder of a manager,
server or entertainer license has violated, or knowingly allowed or
permitted the violation of, any of the provisions of this Chapter;
or
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 business knew or should have known that such violations
were committed; or
3.
The adult business licensee or the manager, server or entertainer
license was knowingly obtained through false statements in the application
for such license or renewal thereof; or
4.
The adult business licensee or the manager, server or entertainer
licensee knowingly failed to make a complete disclosure of all information
in the application for such license or renewal thereof; or
5.
The owner or operator, or any partner, or any corporate officer or
director holding an adult business license has become disqualified
from having a license by a conviction as provided herein; or
6.
If the owner or operator of an adult business or the holder of a manager, server or entertainer license has become disqualified from having a license by a conviction as provided herein, then the City Clerk shall make this information known to the Governing Body which shall conduct a public hearing in accordance with the Notice and Hearing Procedure set forth in Section 640.130 to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the Governing Body 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; or
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.
[Ord. No. 1301 §13, 12-18-2000]
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 an 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.
[Ord. No. 1301 §14, 12-18-2000]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on December
thirty-first (31st) of each calendar year, and renewal applications
for such licenses shall be submitted between December sixteenth (16th)
and December thirty-first (31st).
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 herein.
C.
If
the application for renewal of a license is not made during the time
provided herein, the expiration of such license shall not be affected,
and a new application shall be required.
[Ord. No. 1301 §15, 12-18-2000]
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
shall stay enforcement of such order for a period of time not to exceed
forty-five (45) days pending the filing and/or final disposition of
proceedings for judicial review.
[Ord. No. 1301 §16, 12-18-2000]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be fined
not less than one dollar ($1.00) nor more than five hundred dollars
($500.00) or be punished by incarceration for up to six (6) months,
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.
[Ord. No. 1301 §17, 12-18-2000]
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.
[Ord. No. 1301 §20, 12-18-2000]
A.
The
provisions of this Chapter shall apply to all adult businesses existing
on the effective date of this Chapter as well as to all adult businesses
established after the effective date of this Chapter.
B.
Any adult business lawfully operating on the effective date of this Chapter that is ineligible for licensing solely as a result of the locational restrictions set forth in Section 640.070 herein shall be deemed a lawful non-conforming business.
C.
Each
of the following adult businesses, as defined in this Chapter, shall
be considered a unique and separate adult business: adult media outlet;
adult newsrack; adult retail establishment; adult motion picture theater;
adult theater; adult entertainment cabaret; adult entertainment studio;
adult encounter parlor; body painting studio; bathhouse; adult motel.
The classification of each adult business shall be determined at the
time a license is issued for the business. Where an adult business
is considered a lawful non-conforming business under this Section,
the right to continue such non-conforming business shall be limited
to that specific business, as defined herein, and shall not include
other adult businesses listed herein.
D.
The
extension of a lawful non-conforming business to any portion of a
building, which portion was constructed expressly for such non-conforming
business prior to the effective date of this Chapter, shall be permitted,
provided that no structural alterations shall be made thereafter.
E.
An
adult business lawfully operating as a conforming business is not
rendered non-conforming by the location, subsequent to grant or renewal
of the adult business license, of a school, church, licensed child
care center or child care center that has been inspected by the City
or fire district, public park or properties owned or used for residential
purposes located within the City limits and within one thousand two
hundred fifty (1,250) feet of the adult business. This provision applies
only to the renewal of a valid license and does not apply when an
application for a license is submitted after a license has expired
or has been revoked.
