[Ord. No. 326 §1, 4-1-1999]
As used in this Chapter, the following terms shall have these
prescribed meanings:
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 maintained to show images to
five (5) or fewer persons per machine at any one (1) time and where
the images so displayed are distinguished or characterized by the
depicting or describing of "specified sexual activities" or "specified anatomical areas".
A commercial establishment that, as one (1) of its principal
business purposes, 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 or video reproductions, slides
or other visual representations that depict or describe "specified
sexual activities" or "specified anatomical areas"; or
Instruments, devices or paraphernalia that are designed for
use in connection with "specified sexual activities".
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A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized
as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial
establishments from being categorized as an adult book store or adult
video store so long as one (1) of its principal business purposes
is the offering for sale or rental for consideration the specified
materials that depict or describe "specified sexual activities" or "specified anatomical areas". A principal business
purpose need not be a primary use of an establishment so long as it
is a significant use based upon the visible inventory or commercial
activity of the establishment.
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A nightclub, bar, restaurant or similar establishment in
which persons appear in a state of nudity in the performance of their
duties.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions that are characterized by the depiction or description
of "specified sexual activities" or "specified
anatomical areas" and has a sign visible from the public
right-of-way that advertises the availability of this adult type of
photographic reproductions; or
Offers a sleeping room for rent for a period of time that is
less than twenty-four (24) hours; or
Allows a tenant occupant of a sleeping room to subrent the room
for a period of time that is less than twenty-four (24) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or other photographic
reproduction are regularly shown that are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical areas".
A theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear in person
in a state of nudity and/or semi-nudity and/or live performances that
are characterized by the exposure of "specified anatomical
areas" or by "specified sexual activities".
The Chief Code Enforcement Officer and such employee(s) of
the Code Enforcement Department as he/she may designate to perform
the duties of the Director under this Chapter.
A person who employs any services on the premises of a sexually
oriented business on a full-time, part-time, contract basis or independent
basis, whether or not the said person is paid a salary, wage or other
compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair
or maintenance of the premises or equipment on the premises or for
the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one (1) of its primary
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A facility licensed by the State of Missouri, whether situated
within the City or not, that provides care, training, education, custody,
treatment or supervision for more than six (6) children under fourteen
(14) years of age, where such children are not related by blood, marriage
or adoption to the owner or operator of the facility, for less than
twenty-four (24) hours a day, regardless of whether or not the facility
is operated for a profit or charges for the services it offers.
A person in whose name a license has been issued, as well
as the individual listed as an applicant on the application for a
license.
Any place where a person who appears in a state of nudity
or displays "specified anatomical areas" is provided
to be observed, sketched, drawn, painted, sculptured, photographed
or similarly depicted by other persons for consideration.
The showing of either:
An individual, proprietorship, corporation, association or
other legal entity.
The real property upon which the sexually oriented business is located and all appurtenance thereto and buildings thereon including, but not limited, to the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license pursuant to Section 610.030 of this Chapter.
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. This definition
shall include the entire lower portion of the human female breast
but shall not include any portion of the cleavage of the human female
breast exhibited by a dress, blouse, skirt, leotard, bathing suit
or other wearing apparel provided the areola is not exposed in whole
or in part.
A business or commercial enterprise that, as one (1) of its
principal business purposes, offers for any form of consideration:
An adult arcade, adult bookstore, or adult video store, adult
cabaret, adult motel, adult motion picture theater, escort agency,
nude model studio, or sexual encounter center.
Any of the following offenses:
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; sexual assault; molestation of a child; or any similar sex-related
offenses to these described above under the criminal or penal code
of this State, other States or other countries.
For which:
Less than five (5) 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; or
Less than ten (10) 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 felony offense;
or
Less than ten (10) years have elapsed since the date of the
last conviction of the date of release from confinement imposed 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.
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.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts, whether covered or uncovered;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
The increase in floor areas occupied by the business by more
than twenty-five percent (25%), as the floor areas exist on the initial
date of passage of this Code Section.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law, upon death of the person
possessing the ownership or control.
[Ord. No. 326 §2, 4-1-1999]
[Ord. No. 326 §3, 4-1-1999]
A.
It
shall be unlawful:
1.
For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Director pursuant
to this Chapter;
2.
For any person who operates a sexually oriented business to employ
a person to work and/or perform services on the premises of the sexually
oriented business if such employee is not in possession of a valid
sexually oriented business employee license issued to such employee
by the Director pursuant to this Chapter;
3.
For any person to obtain employment with a sexually oriented business
if such person is not in possession of a valid sexually oriented business
employee license issued to such person by the Director pursuant to
this Chapter;
B.
An
application for a sexually oriented business license must be made
on a form provided by the City. The application must be accompanied
by a sketch or a 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 must
be drawn to a designated scale or drawn with marked dimensions of
the interior of the premises to an accuracy of plus or minus six (6)
inches. Prior to issuance of a license, the premises must be inspected
by the Health Department, Fire Department, Building Department and
Zoning Department.
C.
An
application for a sexually oriented business employee must be made
on a form provided by the City.
D.
All
applicants for a license must be qualified according to the provision
of this Chapter. The application may request, and the applicant shall
provide, such information (including fingerprints) as to enable the
City to determine whether the applicant meets the qualification established
under this Chapter. The applicant has an affirmative duty to supplement
an application with new information received subsequent to the date
the application was deemed completed.
E.
If
a person who wishes to own/operate a sexually oriented business is
an individual, he/she must sign the application for a business license
as applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a ten
percent (10%) or greater interest in the business must sign the application
for a business license as applicant. If a corporation is listed as
owner of a sexually oriented business or as the entity that wishes
to operate such a business, each individual having a ten percent (10%)
or greater interest in the corporation must sign the application for
business license as applicant.
F.
Applications
for a business license, whether original or renewal, must be made
to the Director by the intended operator of the enterprise. Applications
must be submitted to the office of the Director or the Director's
designee during regular working hours. Application forms shall be
supplied by the Director. The following information shall be provided
on the application form:
1.
The name, street address (and mailing address if different) of the
applicant(s);
2.
A recent photograph of the applicant(s);
3.
The applicant's driver's license number, social security number,
and/or his/her State or Federally issued tax identification number;
4.
The name under which the establishment is to be operated and a general
description of the services to be provided:
5.
Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 610.010 and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
6.
Whether the applicant, or a person residing with the applicant, has
had a previous license under this Chapter or other similar sexually
oriented business ordinance from another City or County denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the business license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the applicant or person residing with the applicant is or has been
a partner in a partnership or an officer, director or principal stockholder
of a corporation that is or was licensed under a sexually oriented
business ordinance whose business license has been previously been
denied, suspended or revoked, including the name and location of the
sexually oriented business for which the business license was denied,
suspended or revoked as well as the date of denial, suspension or
revocation.
7.
Whether the applicant, or a person residing with the applicant, holds
any other license under this Chapter or other similar sexually oriented
business ordinance from another City or County and, if so, the names
and locations of such other licensed businesses;
8.
The single classification of license, as found in Section 610.020, for which the applicant is filing;
9.
The telephone number of the establishment;
10.
The address and legal description of the tract of land on which the
establishment is to be located;
11.
If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought,
and the date on which the establishment began operations as a sexually
oriented business at the location for which the business license is
sought;
12.
If the establishment is not in operation, the expected start up date
(which shall be expressed in number of days from the date of issuance
of the business license). If the expected start up date is to be more
than ten (10) days following the date of issuance of the business
license, then a detailed explanation of the construction, repair or
remodeling work or other cause of the expected delay and a statement
of the owner's time schedule and plan for accomplishing the same;
13.
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises — in a viewing room or booth of less than one hundred fifty (150) square feet of floor space — films, video cassettes, other video reproductions, or live entertainment which depict "specified activities" or "specified anatomical areas", then the applicant shall comply with the application requirements set forth in Section 610.170 hereunder.
G.
Each
application for a business license shall be accompanied by the following:
1.
Payment of the application fee in full;
2.
If the establishment is a corporation, a certificate of good standing
from the State of incorporation (dated within thirty (30) days of
application for license), a certified copy of the articles of incorporation,
together with all amendments thereto;
3.
If the establishment is a foreign corporation, a certified copy of
the certificate of authority to transact business in this State, together
with all amendments thereto;
4.
If the establishment is a limited partnership, a certified copy of
the certificate of limited partnership, together with all amendments
thereto;
5.
If the establishment is foreign limited partnership, a certified
copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto;
6.
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the recorded
deed;
7.
If the persons identified as the fee owner(s) of the tract of land in Subsection (6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other documents evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment
8.
A current certificate and straight-line drawing prepared within thirty
(30) days prior to application by a registered land surveyor depicting
the property lines and the structures containing any sexually oriented
businesses within one thousand (1,000) feet of the property to be
certified, the property lines of any established religious institution/synagogue,
school, public park or recreation area, or family oriented entertainment
business within one thousand five hundred (1,500) feet of the property
to be certified. For the purposes of this Section, a use shall be
considered existing or established if it is in existence at the time
an application is submitted;
9.
Any items (2) through (8) above shall not be required for a renewal
application if the applicant states that the documents previously
furnished the Director with the original application or previous renewals
thereof remain correct and current.
H.
Applications
for an employee license to work and/or perform services in a sexually
oriented business, whether original or renewal, must be made to the
Director by the person to whom the employee license shall issue. Each
application for an employee license shall be accompanied by payment
of the application fee in full. Application forms shall be supplied
by the Director. Applications must be submitted to the office of the
Director or the Director's designee during regular working hours.
Each applicant shall be required to give the following information
on the application form:
1.
The applicant's given name, and any other names by which the applicant
is or has been known, including "stage" names and/or aliases;
2.
Age, date and place of birth;
3.
Height, weight, hair color and eye color;
4.
Present residence address and telephone number;
5.
Present business address and telephone;
6.
Date, issuing State and number of photo driver's license, or other
State issued identification card information;
7.
Social security number; and
8.
Proof that the individual is at least eighteen (18) years of age.
I.
Attached
to the application form for a license shall be the following:
1.
A color photograph of the applicant clearly showing the applicant's
face and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
2.
A statement detailing the license history of the applicant for the
five (5) years immediately preceding the date of the filing of the
application, including whether such applicant, in this or any other
City, County, State or country, has ever had any license, permit or
authorization to do business denied, revoked or suspended, or has
any professional or vocational license or permit denied, revoked or
suspended. In the event of any such denial, revocation or suspension,
State name(s) under which the license was sought and/or issued, the
name(s) of the issuing or denying jurisdiction, and describe in full
the reasons for the denial, revocation or suspension. A copy of any
order of denial, revocation or suspension shall be attached to the
application.
J.
Every
application for a license shall contain a statement under oath that:
K.
A separate application and business license shall be required for each sexually oriented business classification as set forth in Section 610.020.
L.
The
fact that a person possesses other types of State or City permits
and/or licenses does not exempt him/her from the requirement of obtaining
a sexually oriented business or employee license.
[Ord. No. 326 §4, 4-1-1999]
A.
Upon
the filing of an application for a sexually oriented business employee
license, the Director shall issue a temporary license to said applicant.
The application shall then be referred to the appropriate City departments
for investigation to be made on the information contained in the application.
The application process shall be completed within thirty (30) days
from the date of the completed application. After the investigation,
the Director shall issue an employee license, unless it is determined
by a preponderance of the evidence that one (1) or more of the following
findings is true:
1.
The applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
The applicant is under the age of eighteen (18) years;
3.
The applicant has been convicted of a "specific criminal activity" as defined in Section 610.010 of this Chapter;
4.
The sexually oriented business employees license is to be used for
employment in a business prohibited by local or State law, Statute,
rule or regulation, or prohibited by a particular provision of this
Chapter; or
5.
The applicant has had a sexually oriented business employee license
revoked by the City within two (2) years of the date of the current
application.
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If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this Subsection shall be subject to appeal as set forth in Subsection (I) of this Section.
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B.
A license issued pursuant to Subsection (A) of this Section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The employee shall keep the license on his/her person at all times while engaged in employment or performing services on the sexually oriented business premises so that said license may be available for inspection upon lawful request.
C.
A license issued pursuant to Subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of a license shall be subject to the fee as set forth in Section 610.050.
D.
If
application is made for a sexually oriented business license, the
Director shall approve or deny issuance of the license to an applicant
unless it is determined by a preponderance of the evidence that one
(1) or more of the following findings is true:
1.
An applicant has failed to provide the information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
2.
An applicant is under the age of eighteen (18) years;
3.
An applicant or a person with whom the applicant is residing has
been denied a license by the City to operate a sexually oriented business
within the preceding twelve (12) months, or whose license to operate
a sexually oriented business has been revoked within the preceding
twelve (12) months;
4.
An applicant or a person with whom the applicant is residing is overdue
in payment to City taxes, fees, fines or penalties assessed against
or imposed upon him/her in relation to any business;
5.
An applicant or a person with whom the applicant is residing has been convicted of a "specified criminal activity" as defined in Section 610.010;
6.
The premises to be used for the sexually oriented business have not
been approved by the Health Department, Fire Department and the Building
Department as being in compliance with applicable laws and ordinances;
7.
The license fee required under this Chapter has not been paid;
8.
An applicant of the proposed establishment is in violation of or
is not in compliance with one (1) or more of the provisions of this
Chapter.
E.
A license issued pursuant to Subsection (D) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued. The 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.
F.
The
Health Department, Fire Department, Building Department and Zoning
Department shall complete their certification that the premises are
in compliance or not in compliance within twenty (20) days of receipt
of the completed application by the Director. The certification shall
be promptly presented to the Director.
G.
A sexually oriented business license shall issue for only one (1) classification, as set forth in Section 610.020.
H.
In
the event that the Director determines that an applicant is not eligible
for a license, the applicant shall be given notice in writing of the
reasons for the denial within forty-five (45) days of the receipt
of the completed application by the Director, provided that the applicant
may request, in writing at any time before the notice is issued, that
such period be extended for an additional period of not more than
ten (10) days in order to make modifications necessary to comply with
this Chapter.
I.
An applicant may appeal the decision of the Director regarding a denial to the Board of Aldermen by filing a written notice of appeal with the City Clerk within fifteen (15) days after service of notice upon the applicant of the Director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may, within fifteen (15) days of service upon him/her of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant in appeal to the Board of Aldermen. After reviewing such memoranda, as well as the Director's written decision, if any, and exhibits submitted to the Director, the Board of Aldermen shall vote to either uphold or overrule the Director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date in which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the Director's decision during the pendency of the appeal. Judicial review of a denial by the Director and Board of Aldermen may be made pursuant to Section 610.100 of this Chapter.
J.
A license issued pursuant to Subsection (D) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal license shall be subject to the fee as set forth in Section 610.050.
[Ord. No. 326 §5, 4-1-1999]
The annual fee for a sexually oriented business, whether new
or renewal, is five hundred dollars ($500.00). The annual fee for
a sexually oriented business employee license, whether new or renewal,
is fifty dollars ($50.00). These fees are to be used to pay for the
cost of the administration and enforcement of this Chapter.
[Ord. No. 326 §6, 4-1-1999]
A.
An
applicant or licensee shall permit representatives of the Police Department,
Code Enforcement Department, Health Department, Fire Department, Building
Department, or other City or State departments or agencies to inspect
the premises of a sexually oriented business for the purpose of insuring
compliance with the law, at any time it is open for business.
B.
A person
who operates a sexually oriented business or his/her agent or employee
commits a misdemeanor if he/she refuses to promptly permit such lawful
inspection of the premises.
[Ord. No. 326 §7, 4-1-1999]
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 610.040. Application for renewal should be made at least thirty (30) days before the expiration date; when made less than forty-five (45) days before the expiration date, the expiration of the license will not be affected.
B.
When
the Director denies renewal of a license, the applicant shall not
be issued a license for one (1) year from the date of denial.
[Ord. No. 326 §8, 4-1-1999]
A.
The
Director shall suspend a license for a period not to exceed thirty
(30) days if he/she determines that licensee or an employee of licensee
has:
1.
Violated or is not in compliance with any Section of this Chapter;
2.
Operated or performed services in a sexually oriented business while
intoxicated by the use of alcoholic beverages or controlled substances;
3.
Refused to allow prompt inspection of the sexually oriented business
premises as authorized by this Chapter;
4.
With knowledge, permitted gambling by any person on the sexually
oriented business premises.
[Ord. No. 326 §9, 4-1-1999]
A.
The Director shall revoke a license if a cause of suspension in Section 610.080 occurs and the license has been suspended within the preceding twelve (12) months. The Director shall revoke a license if he/she determines that:
1.
A licensee gave false or misleading information in the material submitted
during the application process;
2.
A licensee, or a person with whom the licensee is residing, was convicted
of a "specified criminal activity" on a charge that was pending prior
to the issuance of the license;
3.
A licensee has, with knowledge, permitted the possession, use or
sale of controlled substances on the premises;
4.
A licensee has, with knowledge, permitted the sale, use or consumption
of alcoholic beverages on the premises;
5.
A licensee has, with knowledge, permitted prostitution on the premises;
6.
A licensee has, with knowledge, operated the sexual sexually oriented
business during a period of time when the licensee's license was suspended;
7.
A licensee has, with knowledge, permitted any act of sexual intercourse,
sodomy, oral copulation, masturbation or other sexual conduct to occur
in or on the licensed premises;
8.
A licensee is delinquent in payment to the City or State for any
taxes or fees;
9.
A licensee has, with knowledge, permitted a person under eighteen
(18) years of age to enter the establishment; or
10.
A licensee has attempted to sell his/her business license or has
sold, assigned or transferred ownership or control of the sexually
oriented business to a non-licensee.
B.
When
the Director 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 became
effective.
[Ord. No. 326 §10, 4-1-1999]
After denial of an initial or renewal application by the Director
and the Board of Aldermen, or suspension or revocation of a license
by the Director, the applicant or licensee may seek prompt judicial
review of such administrative action in any court of competent jurisdiction.
The administrative action shall be promptly reviewed by the court.
[Ord. No. 326 §11, 4-1-1999]
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.
[Ord. No. 326 §12, 4-1-1999]
A.
Sexually
oriented businesses shall be permitted in any commercial district
provided that:
1.
The sexually oriented business may not be operated within:
a.
One thousand five hundred (1,500) feet of a church, synagogue or
regular place of religious worship;
b.
One thousand five hundred (1,500) feet of a public or private elementary
or secondary school;
c.
One thousand five hundred (1,500) feet of a boundary of any residential
district;
d.
One thousand five hundred (1,500) feet of a public park;
e.
One thousand five hundred (1,500) feet of a licensed daycare center;
f.
One thousand five hundred (1,500) feet of an entertainment business
that is oriented primarily towards children or family entertainment;
or
g.
One thousand (1,000) feet of another sexually oriented business.
2.
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business classified pursuant to Section 610.020.
3.
For the purpose of this Chapter, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted to the nearest
property line of the premises of a church, synagogue, regular place
of worship, or public or private elementary or secondary school, or
to the nearest boundary of an affected public park, residential district,
or residential lot, or licensed daycare center, or child or family
entertainment business.
[Ord. No. 326 §13, 4-1-1999]
A.
Any
business lawfully operating on the effective date of this Chapter
(April 1, 1999) that is in violation of the locational or structural
configuration requirements of this Chapter shall be deemed a non-conforming
use. The non-conforming use will be permitted to continue for a period
not to exceed two (2) years, unless sooner terminated for any reason
voluntarily or discontinued for a period of thirty (30) days or more.
Such non-conforming uses shall not be increased, enlarged, extended
or altered except that the use may be changed to a conforming use.
If two (2) or more sexually oriented businesses are within one thousand
(1,000) feet of one another and otherwise in a permissible location,
the sexually oriented business that was first established and continually
operated at a particular location is the conforming use and the later-established
business(es) is non-conforming.
B.
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 church, synagogue,
or a regular place of religious worship, public or private elementary
or secondary school, licensed daycare center, public park, residential
district, or child or family entertainment business within one thousand
five hundred (1,500) feet of the sexually oriented business. This
provision applies only to the renewal of a valid business license
and does not apply when an application for a business license is submitted
after a business license has expired or has been revoked.
[Ord. No. 326 §14, 4-1-1999]
A.
Evidence
that a sleeping room in a hotel, motel, or similar commercial enterprise
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) hours creates a rebuttable presumption
that the enterprise is an adult motel as that term is defined in this
Chapter.
B.
It
is unlawful if a person, as the person in control of a sleeping room
in a hotel, motel or similar commercial enterprise that does not have
a sexually oriented business license, rents or subrents a sleeping
room to a person and, within ten (10) hours from the time the room
is rented, he/she rents or subrents the same sleeping room again.
[Ord. No. 326 §15, 4-1-1999]
[Ord. No. 326 §16, 4-1-1999]
A.
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
B.
A person
under the age of eighteen (18) years commits a misdemeanor if the
person appears semi-nude or in a state of nudity in or on the premises
of a nude model studio. It is a defense to prosecution under this
Subsection if the person under eighteen (18) years of age was in a
restroom not open to the public view or visible by any other person.
C.
A person
commits a misdemeanor if the person appears in a state of nudity or,
with knowledge, allows another to appear in a state of nudity in an
area of a nude model studio premises which can be viewed from the
public right-of-way.
D.
A nude
model studio shall not place or permit a bed, sofa or mattress in
any room on the premises, except that a sofa may be placed in a reception
room open to the public.
[Ord. No. 326 §17, 4-1-1999]
A.
It
shall be a misdemeanor for a person who, with knowledge and intent,
appears in person in a state of nudity in a sexually oriented business
or depicts specified sexual activities in a sexually oriented business.
B.
It
shall be a misdemeanor for a person who, with knowledge and intent,
appears in person in a semi-nude condition in a sexually oriented
business, unless the person is an employee who, while semi-nude, is
at least ten (10) feet from any patron or customer and on a stage
at least two (2) feet from the floor.
C.
It
shall be a misdemeanor for an employee, while semi-nude in a sexually
oriented business, to solicit any pay or gratuity from any patron
or customer, or for any patron or customer to pay or give any gratuity
to any employee, while said employee is semi-nude on the sexually
oriented business.
D.
It
shall be a misdemeanor for an employee, while semi-nude, to touch
a patron or the clothing of a patron or for a patron to touch a semi-nude
employee or the clothing of a semi-nude employee.
[Ord. No. 326 §18, 4-1-1999]
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, other video reproduction, or live performance
that depicts specified sexual activities or specified anatomical areas,
shall comply with the following requirements:
1.
Upon application for a sexually oriented business 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 business
license 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 Director
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 Director or his/her
designee.
4.
It is the duty of the owners and operator of the premises to ensure
that at least one (1) 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 the
entire area of the premises to which any patron is permitted access
for any purpose excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two (2) or more manager's
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of the entire
area of the premises to which any patron is permitted access for any
purpose from at least one (1) of the manager's stations. The view
required in this Subsection must be by direct line of sight from the
manager's station.
6.
It shall be the duty of the operator, and it shall also be the duty
of any agents and employees present in the premises, to ensure that
the view area specified in Subparagraph (5) of this Section remains
unobstructed by any doors, walls, merchandise, display racks or other
materials at all times and to ensure that no patron is permitted access
to any area of the premises that has been designated as an area in
which patrons will not be permitted, as designated in the application
filed pursuant to Subparagraph (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-candle
as measured at the floor level.
9.
It shall be the duty of the operator, and it shall also be the duty
of any agents and employees present in the premises, 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 an opening of any kind to exist between viewing
rooms or booths.
11.
No person shall make any attempt to make an opening of any kind between
the viewing booths or rooms.
12.
The operator of the sexually oriented business shall, during each
business day, inspect the walls between the viewing booths to determine
if any openings or holes exist.
13.
The operator of the sexually oriented business shall cause all floor
coverings in viewing booths to be non-porous, easily cleanable surfaces,
with no rugs or carpeting.
14.
The operator of the sexually oriented business 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 Subparagraphs (1) through (14) of this Section
commits a misdemeanor if he/she, with knowledge, fails to fulfill
that duty.
[Ord. No. 326 §19, 4-1-1999]
A.
It
shall be unlawful for an owner or operator of a sexually oriented
business to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
B.
It
shall be unlawful for the owner or operator of a sexually oriented
business to allow the exterior portion of the sexually oriented business
to have flashing lights or any words, lettering, photographs, silhouettes,
drawings or pictorial representations of any manner except to the
extent permitted by the provisions of this Chapter.
C.
It
shall be unlawful for the owner or operator of a sexually oriented
business to allow exterior portions of the establishment to be painted
any color other than a single achromatic color. This provision shall
not apply to a sexually oriented business if the following conditions
are met:
1.
The establishment is a part of a commercial multi-unit center; and
2.
The exterior portions of each individual unit in the commercial multi-unit
center, including the exterior portions of the business, are painted
the same color as one another or are painted in such a way so as to
be a component of the overall architectural style or pattern of the
commercial multi-unit center.
D.
Nothing
in this Article shall be construed to require the painting of an otherwise
unpainted exterior portion of a sexually oriented business.
E.
A violation
of any provision of this Section shall constitute a misdemeanor.
[Ord. No. 326 §20, 4-1-1999]
A.
Notwithstanding
any other City ordinance, code, or regulation to the contrary, it
shall be unlawful for the operator of any sexually oriented business
or any other person to erect, construct or maintain any sign for the
sexually oriented business other than the one (1) primary sign and
one (1) secondary sign, as provided herein.
C.
Primary
signs shall contain no photographs, silhouettes, drawings or pictorial
representations in any manner and may contain only the name of the
enterprise.
D.
Each
letter forming a word on a primary sign shall be of solid color, and
each such letter shall be the same print-type, size and color. The
background behind such lettering on the display surface of a primary
sign shall be of a uniform and solid color.
E.
Secondary
signs shall have only one (1) display surface. Such display surface
shall:
G.
Violation
of any provision of this Section shall constitute a misdemeanor.
[Ord. No. 326 §21, 4-1-1999]
[Ord. No. 326 §22, 4-1-1999]
A.
It
shall be unlawful to allow a person who is younger than eighteen (18)
years of age to enter or be on the premises of a sexually oriented
business at any time the sexually oriented business is open for business.
B.
It
shall be the duty of the operator of each sexually oriented business
to ensure that an attendant is stationed at each public entrance to
the sexually oriented business at all times during such sexually oriented
business' regular business hours. It shall be the duty of the attendant
to prohibit any person under the age of eighteen (18) years from entering
the sexually oriented business. It shall be presumed that an attendant
knew a person was under the age of eighteen (18) unless such attendant
asked for and was furnished a valid operator's, commercial operator's,
or chauffeur's driver's license.
C.
Violation
of this Section shall constitute a misdemeanor.
[Ord. No. 326 §23, 4-1-1999]
It shall be unlawful for any sexually oriented business, regardless
of whether in a public or private facility, to operate as a massage
salon, massage parlor or any similar type business where any physical
contact with the recipient of such services is provided by a person
of the opposite sex. Violation of this Section shall constitute a
misdemeanor.
[Ord. No. 326 §24, 4-1-1999]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 1:00 A.M. and 8:00 A.M.
on weekdays and Saturdays and 1:00 A.M. and 12:00 P.M. noon on Sundays.
[Ord. No. 326 §25, 4-1-1999]
A.
It
is a defense to prosecution under this Chapter 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 that maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partly by taxation.
[Ord. No. 326 §26, 4-1-1999]
A.
Any
notice required or permitted to be given by the Director or any other
City office, division, department or other agency under this Chapter
to any applicant, operator or owner of a sexually oriented business
may be given either by personal delivery or by certified United States
mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license,
or any notice of address change that has been received by the Director.
Notices mailed as above shall be deemed given upon their deposit in
the Untied States mail. In the event that any notice given by mail
is returned by the postal service, the Director or his/her designee
shall cause it to be posted at the principal entrance to the establishment.
B.
Any
notice required or permitted to be given to the Director by any person
under this Chapter shall not be deemed given until and unless it is
received in the office of the Director.
C.
It
shall be the duty of each owner who is designated on the license application
and each operator to furnish notice to the Director in writing of
any change of residence or mailing address.
[Ord. No. 326 §27, 4-1-1999]
A person who operates or causes to be operated a sexually oriented
business without a valid business license or in violation of Section
235.110 of this Chapter is subject to a suit for injunction as well
as prosecution for criminal violations. Each day a sexually oriented
business so operates is a separate offense or violation.
