[Ord. No. 1244 §1, 12-20-2010]
A. Purpose. It is the purpose of this Article to, among matters,
regulate the display of explicit sexual material and sexually oriented
businesses in order to promote the health, safety, morals, and general
welfare of the citizens of Pevely, Missouri, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. The provisions of
this Article have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
explicit sexual materials. Similarly, it is not the intent nor effect
of this Article to restrict or deny access by adults to explicit sexual
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent or effect of this
Article to condone or legitimize the distribution of obscene or offensive
material of a sexual nature.
B. Findings. Based on evidence concerning the adverse secondary
effects of adult uses on communities as outlined in numerous studies/reports
generally available for consideration, and on findings incorporated
in a series of cases as found and included herein by reference to
the IML Model Ordinance on Sexually Oriented Business Regulation,
the Board of Aldermen finds that:
1. Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is no mechanism to make the
owners of these establishments responsible for the activities that
occur on their premises.
2. Employees of certain sexually oriented businesses engage in higher
incidences of certain types of illicit sexual behavior than employees
of other establishments and that by offering or providing such locations
may thereby create unhealthy conditions, unless properly regulated.
3. Substantial governmental concerns have been raised establishing that
sexually oriented businesses have operational characteristics that
should be reasonably regulated in order to protect the public interest
and to address substantial governmental concerns.
4. A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure
will place an incentive on the operators to see that the sexually
oriented business is managed in a way consistent with the health,
safety, and welfare of its patrons and employees, as well as the general
public. It is appropriate to require reasonable assurances that the
licensee is the actual operator of the sexually oriented business,
fully in possession and control of the premises and activities occurring
therein.
5. Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
6. Requiring licensees of sexually oriented businesses to keep information
regarding current employees and past employees will help reduce the
incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
7. The disclosure of certain information by those persons ultimately
responsible for the day to day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
8. In the prevention of the spread of communicable diseases, it is desirable
to obtain a limited amount of information regarding certain employees
who may engage in conduct that this Article is designed to prevent,
or who are likely to be witnesses to such conduct.
9. The fact that an applicant for an adult use license has been convicted
of a sexually related crime leads to the rational assumption that
the applicant may engage in that conduct in contravention of this
Article.
10. The barring of such individuals from the management of adult uses
serves as a deterrent to, and prevents conduct that leads to the transmission
of sexually transmitted diseases.
11. The general welfare, health, morals, and safety of the citizens of
Pevely, Missouri will be promoted by the enactment of this Article.
[Ord. No. 1244 §II, 12-20-2010]
Words and phrases contained in this Article shall be deemed
to have certain meanings, as follows:
ADULT ENTERTAINMENT
Any live or recorded exhibition, performance, display or
dance of any type, including, but not limited to, talking, singing,
reading, listening, posing, massaging, serving food or beverages,
soliciting for the sale of food, beverages or entertainment, pantomiming,
modeling, removal of clothing, or any service offered for amusement
on a premises where such exhibition, performance, display or dance
is intended to seek to arouse or excite the sexual desires of the
entertainer, other entertainers or patrons, or if the entertainment
involves a person who is nude or in such attire, costume or clothing
as to expose to view any portion of the human genitals, pubic region,
vulva, pubic hair, buttocks, female breast or breasts below a point
immediately above the top of the areola or nipple or the human male
genitals in a discernibly erect state, even if completely and opaquely
covered to include, but not limited to, establishments commonly known
as gentlemen's clubs, juice bars, and adult bookstores, and similarly
identified establishments, whether by name or otherwise.
DISPLAY
1.
To expose in whole or in part; or
2.
To permit an unfolding, viewing or examination.
EMPLOYEE
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 entertainment business.
ENTERTAINER
Any person who provides adult entertainment within adult
entertainment premises as defined in this Section whether or not a
fee is charged or accepted for entertainment.
EXPLICIT SEXUAL MATERIAL
1.
Any picture, photograph, or other pictorial representation that
depicts actual or simulated "specified sexual activities"; or
2.
Any portion of a book, magazine, newspaper or other printed
or written material; or any video tape, DVD, or any other recorded
medium whose content is made up in whole or in dominant part of depictions
or descriptions of "specified sexual activities" or "specified anatomical
areas".
KNOWINGLY
Having knowledge of the character and content of any material
described herein or failure on notice to exercise reasonable inspection,
which would disclose the content and character of the same.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
MATERIAL
Any book, magazine, or other printed or written material,
or any picture, drawing, photograph, videotape, or other pictorial
representation, figure, object or article.
OPERATOR
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
PERSON
Any individual, partnership, corporation, limited liability
company, trust, incorporated or unincorporated association, marital
community joint venture, governmental entity, or other entity or group
of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in revealing or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
SERVER
Any person who serves food or drink at an adult entertainment
business.
SEXUALLY ORIENTED BUSINESS
Any business enterprise that:
1.
Has as a regular and substantial business purpose the sale,
display or rental of goods that are designed for use in connection
with "specified sexual activities", or that emphasize matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas"; or
2.
Has one (1) of the following as a 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 provide "specified sexual activities"
or "specified anatomical areas" ancillary to other pursuits, or allow
participation in "specified sexual activities" ancillary to other
pursuits.
3.
The definition of "sexually oriented business" also includes, but is not limited to, any and all of the following
as defined herein:
a.
"Adult retail establishments" means an establishment
that has as a regular and substantial business purpose, offers for
sale or rent, any one (1) or more of the following: instruments, devices,
gifts, or paraphernalia that are designed for use in connection with
"specified sexual activities" or clothing that graphically depicts
"specified anatomical areas" or any materials, such as printed materials,
photographs, slides, films, videotapes or DVD, sold or rented in an
adult bookstore, adult news rack, or adult newsstand that are characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas".
b.
"Adult entertainment business" means any establishment
to which the general public, patrons or members are invited or admitted
and wherein an entertainer provides "adult entertainment" as defined
herein. These establishments include, but are not limited to, adult
theater, adult entertainment cabaret, adult entertainment studio,
adult encounter parlors, and body painting studios.
c.
"Adult motion picture theater" means an establishment
containing a room that seats facing a screen or projection areas,
where a regular and substantial portion of its business is the exhibition
to customers of films, videotapes, or other such devices that are
intended to provide sexual stimulation or sexual gratification to
the customers and that are distinguished by an emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
d.
"Bathhouse" means an enterprise where a regular
and substantial portion of its business is offering baths with other
persons present who are nude or displaying "specified anatomical areas".
e.
"Adult motel" means an enterprise where a regular
and substantial portion of its business is offering public accommodations
for consideration for the purpose of viewing closed circuit television
transmissions, films, motion pictures, videotapes, slides or other
photographic reproductions that are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas" and rents room accommodations
for less than six (6) hours at a time.
SPECIFIED ANATOMICAL AREAS
1.
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola or nipple, or any combination of the foregoing;
or
2.
Human male genitals in a discernible erect state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human
masturbation, sexual intercourse, or physical contact, in an act of
apparent sexual stimulation or gratification with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female,
or any sadomasochistic abuse or acts, including animals or any latent
objects in an act or apparent sexual stimulation or gratification,
as such terms are defined in the pornography and related offenses
Chapter of the Missouri Criminal Code.
SUBSTANTIAL BUSINESS PURPOSE
1.
Ten percent (10%) or more of the gross floor area is devoted
to that purpose; or
2.
Ten percent (10%) or more of the retail floor space is devoted
to that purpose; or
3.
Ten percent (10%) or more of the gross sales of the business
are derived from that purpose.
[Ord. No. 1244 §II, 12-20-2010]
A. Display. It is unlawful for a person knowingly to:
1. Display any explicit sexual material or sadomasochistic abuse at
newsstands or any other business establishment frequented by minors
under the age of eighteen (18) years or where said minors are or may
be invited as a part of the general public; or
2. Permit or authorize the display of any explicit sexual material or
sadomasochistic abuse at newsstands or any other business establishments
frequented by minors under the age of eighteen (18) years or where
said minors are or may be invited as a part of the general public;
or
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When requested by the Police Department or the Code Enforcement
Officer of the City, to fail to promptly remove from display from
property in his possession or under his control any explicit sexual
material or sadomasochistic abuse at newsstands or other business
establishments frequented by minors under the age of eighteen (18)
years or where said minors are or may be invited as a part of the
general public.
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B. Removal. Where it appears that this Article, or any part
of this Article, is being or about to be violated, the Mayor or City
Attorney of the City of Pevely may commence and maintain, in the name
of the City, an action in the Circuit Court to enjoin the display
of any explicit sexual material. No provisions of this Section shall
be construed to prohibit the prosecution for violation of the provisions
of this Section in the Municipal Court.
C. Penalty. Any person violating this Article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as more specifically provided in Chapter
100, Article
III, Section
100.220 (A), (B), and (C) and Section
100.225 of the Pevely City Code.
D. Employees. No employee of any business responsible for selling
or renting sexually explicit material shall be less than eighteen
(18) years of age.
E. Restrictions. Nothing in this Article shall be construed
so as to prohibit or restrict any political subdivision or any department,
agency, office or facility thereof, or any employee or agent thereof
when engaged in the performance of his official duties, or any person
in the conduct of a legitimate activity for bona fide educational,
scientific or medical purposes.
[Ord. No. 1244 §II, 12-20-2010]
A. It
shall be unlawful for any person to operate or maintain a sexually
oriented business in the City unless the owner, operator or lessee
thereof has obtained an adult entertainment business license from
the City, or to operate such business after such license has been
revoked or suspended by the City.
B. It
shall be unlawful for any person to knowingly work as an entertainer,
server or manager at a sexually oriented business unless said business
is licensed in the City.
C. It
shall be prima facie evidence that any sexually oriented business
which fails to post the required adult entertainment business license
in the manner prescribed herein shall be operating unlawfully. In
addition it shall be prima facie evidence that any entertainer, employee
or manager who performs any service or entertainment in a sexually
oriented business in which an adult business license is not posted
as specified herein shall have knowledge that such business is not
licensed.
D. Any
licensed sexually oriented business shall be deemed to have consented
to a periodic inspection of the business premises by appropriate City
and Dunklin Fire District officials, including, but not limited to,
City Administrator, Code Enforcement Officer, Fire Marshal, Chief
of Police, Mayor, City Prosecuting Attorney, or designees of any such
officials. This inspection shall take place during hours when such
sexually oriented business is open to the public, unless otherwise
requested by the sexually oriented business, and shall not unreasonably
interfere with the conduct of such business.
[Ord. No. 1244 §II, 12-20-2010]
A. It
is unlawful for any person to work as an entertainer, server or manager
at a sexually oriented business without first obtaining a license
to do so from the City, or to work as an entertainer, server or manager
at a sexually oriented business after such person's license to do
so has been revoked or suspended.
B. The
license year for all fees required under this Article shall be from
January first (1st) through December thirty-first (31st).
1. The classification of licenses and fees for each shall be as follows:
a. Adult entertainment business license fee is five hundred dollars
($500.00) per year.
b. Adult entertainment manager's license fee is fifty dollars ($50.00)
per year.
c. Adult entertainer's license fee is twenty dollars ($20.00) per year.
d. Adult entertainment server's license fee is twenty dollars ($20.00)
per year.
2. Fees shall be paid by certified/cashier check or money order. The
application is not complete until the fee is paid and not valid until
signed and issued. Licenses are for specific locations as indicated
on the license and are non-transferable. Any change in the type of
sexually oriented business shall invalidate the adult business license.
No more than one (1) sexually oriented business may occupy a business
premise at one (1) time.
[Ord. No. 1244 §II, 12-20-2010]
A. A prospective
licensee (owner, server, entertainer or manager) shall provide a notarized
application to the Pevely Police Department and City Clerk of the
City of Pevely with his or her name, address (mailing and residence),
phone number, principal occupation, recent photograph (2" X 3" color),
date of birth, place of birth, driver's license, social security number,
signed permission for FBI check and similar information for all partners
or stockholders in the venture, as well as a description of the proposed
business; and
B. A statement
from the applicant that the applicant has not been convicted of, released
from confinement for conviction of, or diverted from prosecution on:
1. A felony criminal act within five (5) years immediately preceding
the application, or a misdemeanor criminal act within two (2) years
immediately preceding the application where such felony or misdemeanor
criminal act involved sexual offenses, prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
2. Upon submission of each such application, the Police Department shall
review the information contained therein and verify the qualifications
of the applicant. The Board of Aldermen shall, within forty-five (45)
days, consider the application at a regular session. The applicant
shall be present in person at the meeting when said application is
considered by the Board of Aldermen. If the application meets all
the requirements as set forth in this Article, the Board of Aldermen
may issue a license for operation of the sexually oriented business.
Those opposing such a license shall be permitted to present objections
to the granting of such application and issuance of license during
such meeting. Granting the license requires a super majority vote
constituting more than four (4) votes.
C. No
person is eligible nor shall a license be issued to a sexually oriented
business applicant if one (1) or more of the following conditions
exist:
1. The applicant's premises is located within one thousand (1,000) feet
of a school, church, hospital, City park, or licensed child care center
or property zoned for residential use as measured in a straight line
from a point on or along the property boundary line of said school,
church, hospital, City park, or licensed child care center or property
zoned for residential use lying in closest proximity to any point
on or along the property line of the applicant's premises property
boundary line.
2. The applicant's premises is located within one thousand (1,000) feet
of any other sexually oriented business for which there is a license
issued.
3. The applicant failed to supply all of the information requested on
the application.
4. The applicant gave material false, fraudulent or untruthful information
on the application.
5. The applicant's proposed business premises does not comply with or
meet the requirement of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City of Pevely.
6. The applicant has been convicted, released from incarceration for
conviction, or diverted on any of the crimes set forth in said Section.
7. The applicant has had an adult entertainment license revoked or suspended
in this City or any other City or County during the past five (5)
years.
8. The facility shall be designed in such a fashion that all openings,
entries and windows prevent view into such facilities from any pedestrian
sidewalk, walkway, street or other public area. No business activities
shall take place outside the sexually oriented business visible from
the exterior.
9. The facility in which such a use is located shall be limited to one
(1) wall-mounted advertising sign no greater than one (1) square foot
of sign per linear foot of wall length, not to exceed a total of fifty
(50) square feet, said sign shall not flash, blink or move by mechanical
means and shall not extend above the roof line of the building. Further,
no merchandise or pictures of products or entertainment on the premises
shall be displayed in window areas or any area where such merchandise
or pictures can be viewed from the sidewalk in front of the building.
No flashing lights and/or lighting that leaves the impression of motion
or movement shall be permitted.
10. Lighting in the parking area must provide a minimum light level of
twenty-five hundredths (0.25) foot-candles over the entire parking
area, but in no point shall the light level exceed three (3.0) foot-candles,
nor shall any increase in light levels or visible glare be permitted
at the lot line. The interior premises of sexually oriented businesses
must be equipped with overhead lighting of sufficient intensity to
illuminate 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.
11. Any owner, operator, manager or other person in charge of the premises
of a sexually oriented business premises shall:
a. Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon or consumed on the premises;
b. Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
c. Knowingly allow or permit any person under the age of eighteen (18)
years of age to be in or upon the premises in any capacity as entertainer,
server or customer;
d. Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or
e. Knowingly allow or permit a violation of this Article or any other
City ordinance provision or State law.
12. Hours of operation shall not exceed 10:00 A.M. to 11:00 P.M.
[Ord. No. 1244 §II, 12-20-2010]
A. Upon
receipt of a complete application for an adult entertainment business
license, the City Clerk shall transmit one (1) copy of the application
to the Police Department for investigation of the application, one
(1) copy to the City Administrator, and one (1) copy to the Code Enforcement
Officer.
B. It
shall be the duty of the Police Chief or a designee to investigate
the application to determine whether the information contained therein
is accurate and whether the applicant has qualified to be issued the
license. The results of this investigation shall be forwarded to the
City Administrator no later than ten (10) working days from the application
date.
C. It
shall be the duty of the City Administrator to determine compliance
with the requirements of this Article and the applicable health, zoning,
building code, fire and property maintenance ordinances of the City.
The Code Enforcement Officer shall provide his report to the City
Administrator within ten (10) working days from the application date.
D. Upon
receipt of these reports, the City Administrator shall either issue
or deny the license, provided the license applications for sexually
oriented businesses, entertainers, servers, and managers shall be
approved or disapproved within forty-five (45) days from the filing
date. If the license is disapproved, the applicant shall be notified
in writing by certified mail to the applicant's last known address,
and the notification shall state the basis for disapproval.
[Ord. No. 1244 §II, 12-20-2010]
A. The
following standards of conduct shall be used by all adult entertainment
business licensees, their employees and all sexually oriented business
managers, servers and entertainers and patrons of sexually oriented
businesses while on or about the premises of the establishment:
1. Any manager, server or entertainer issued a license by the City under
the provisions of this Article shall, at all times while working in
a sexually oriented business, have in their possession a valid identification
card issued by the City bearing the permit number, the signature of
the City Clerk, individual's name, age, weight, eye color, and height.
Such card shall be laminated to prevent alteration.
2. No manager, employee, server, entertainer or patron in a sexually
oriented business, other than a licensed bathhouse, shall appear nude,
unclothed, in less than opaque attire or in any fashion that exposes
to view any "specified anatomical area".
3. No manager, employer, server, entertainer or patron of a sexually
oriented business shall perform any "specified sexual activities",
wear or use any device or covering exposing to view an image that
simulates any "specified anatomical areas", use artificial devices
or other objects to perform or depict any "specified sexual activities",
or participate in any act of prostitution.
4. No manager, employee, server, entertainer or patron of a sexually
oriented business shall knowingly touch, fondle or caress any "specified
anatomical area" of another person whether such "specified anatomical
area" is clothed, unclothed, covered or exposed to view.
5. A manager shall be on duty at all times on the premises when the
sexually oriented business is open. The manager shall verify that
any person who provides adult entertainment or works as a server possesses
a current and valid adult entertainment license. It shall also be
the manager's duty to insure that no person under the age of eighteen
(18) enters the premises.
[Ord. No. 1244 §II, 12-20-2010]
The premises of all sexually oriented businesses shall be kept
in a sanitary condition. Separate dressing rooms and restrooms for
men and women shall at all times be maintained and kept in a sanitary
condition.
[Ord. No. 1244 §II, 12-20-2010]
A. Performances
shall always take place on a stage of at least twenty-four (24) inches
above the floor level of the audience. Entertainers shall be at least
ten (10) feet from customers and shall not touch customers or be touched
by customers. Customers shall not be permitted on the stage at any
time. No entertainer shall be permitted to demand or collect any payment
or gratuity from any employee or patron of the sexually oriented business.
B. The
premises of all sexually oriented businesses shall be physically arranged
so that the entire interior portions of any booths, cubicles, room
or stalls are visible from a common area. The use of video cameras
to meet this requirement is not allowed. Visibility shall not be blocked
or obscured by doors, curtains, drapes or any other obstruction. The
manager shall be required to position himself/herself so as to be
able to view the entire interior portion of the premises while on
duty.
[Ord. No. 1244 §II, 12-20-2010]
A. Every
person, corporation, partnership, or association licensed under this
Article as a sexually oriented business shall post such license in
a conspicuous place and manner on the premises of the business.
B. Any
person found to be in violation of any provision of this Code, though
he may have been previously issued a license as provided herein, shall
have his license revoked immediately forthwith. Prior to revocation
said licensee shall have notice of said violations, and the matter
of revocation shall be placed before the next regularly scheduled
meeting of the Board of Aldermen for hearing. Should the Board of
Aldermen find said violations did occur, and upon motion of the Board
of Aldermen after hearing, the revocation shall be issued from the
City Clerk, all licenses previously issued surrendered for a period
of one (1) year unless the Board of Aldermen may by motion direct
a shorter time.
[Ord. No. 1244 §II, 12-20-2010]
All sexually oriented businesses shall have conspicuously displayed
in the common area at the entrance to the premises and displayed for
viewing to persons entering the premises a sign of which uppercase
letters shall be at least two (2) inches in height and lowercase letters
at least one (1) inch in height, which read as follows:
THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND
LICENSED BY THE CITY OF PEVELY, MISSOURI
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any employee, patron, or other entertainer
or to permit any employee, patron, or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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Not permitted to be nude, unclothed, or in less than opaque
attire, costume or clothing so as to expose to view any portion of
the breasts below the top of the areola, or any portion of the pubic
region, buttocks and/or genitals.
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Not permitted to demand or collect any payment or gratuity from
any patron for entertainment.
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Not permitted to perform, except on a stage of at least twenty-four
(24) inches above the floor level of the audience and to maintain
at least a ten (10) foot separation from any patron at all times while
performing.
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PATRONS ARE:
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Not permitted to be upon the stage at any time. Not permitted
to touch, caress or fondle the breasts, pubic region, buttocks or
genitals of any employee, server or entertainer or engage in solicitation
for prostitution.
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