[R.O. 2008 § 210.740; 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.
[R.O. 2008 § 210.750; Ord. No. 1244 § II, 12-20-2010]
As used in this chapter the following terms shall mean:
ADULT CABARET
A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear seminude.
CHARACTERIZED BY
Describing the essential character or dominant theme of an item.
CHILD
Any person under the age of fourteen (14).
CHILD PORNOGRAPHY
1. 
Any obscene material or performance depicting sexual conduct, sexual contact as defined in Section 566.010, RSMo., or a sexual performance and which has as one of its participants or portrays as an observer of such conduct, contact, or performance a minor; or
2. 
Any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct where:
a. 
The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct.
b. 
Such visual depiction is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction is of an actual minor engaged in sexually explicit conduct; or
c. 
Such visual depiction has been created, adapted, or modified to show that an identifiable minor is engaging in sexually explicit conduct. "Identifiable minor" means a person who was a minor at the time the visual depiction was created, adapted, or modified; or whose image as a minor was used in creating, adapting, or modifying the visual depiction; and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature. The term "identifiable minor" shall not be construed to require proof of the actual identity of the identifiable minor.
EMPLOY, EMPLOYEE, or EMPLOYMENT
Any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
EXPLICIT SEXUAL MATERIAL
Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
MATERIAL
Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. Material includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects.
MINOR
Any person less than eighteen (18) years of age.
NUDITY or STATE OF NUDITY
The showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola.
OBSCENE
Any material or performance if, taken as a whole:
1. 
Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
2. 
The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and
3. 
A reasonable person would find the material lacks serious literary, artistic, political or scientific value.
OPERATOR
Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business.
PERFORMANCE
Any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more.
PORNOGRAPHIC FOR MINORS
Any material or performance if the following apply:
1. 
The average person, applying contemporary community standards, would find that the material or performance, taken as a whole, has a tendency to cater or appeal to a prurient interest of minors; and
2. 
The material or performance depicts or describes nudity, sexual conduct, the condition of human genitals when in a state of sexual stimulation or arousal, or sadomasochistic abuse in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for minors; and
3. 
The material or performance, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.
PREMISES
The real property upon which a sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots or parking garages or both.
PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means, including a computer.
REGULARLY
The consistent and repeated doing of the act so described.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
SEMINUDE or STATE OF SEMINUDITY
The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL CONDUCT
Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or act, including animals or any latent objects in an act of apparent sexual stimulation or gratification.
SEXUAL PERFORMANCE
Any performance, or part thereof, which includes sexual conduct by a child who is less than seventeen (17) years of age.
SEXUALLY EXPLICIT CONDUCT, ACTUAL OR SIMULATED
1. 
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex.
2. 
Bestiality.
3. 
Masturbation.
4. 
Sadistic or masochistic abuse; or
5. 
Lascivious exhibition of the genitals or pubic area of any person.
SEXUALLY ORIENTED BUSINESS
Includes:
1. 
An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
a. 
Has a substantial portion of its displayed merchandise which consists of such items; or
b. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
e. 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
f. 
Maintains an adult arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
2. 
An adult cabaret.
3. 
An adult motion picture theater. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.
4. 
A seminude model studio. "Seminude model studio" means a place where persons regularly appear in a state of seminudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of seminudity do so in a modeling class operated:
a. 
By a college, junior college, or university supported entirely or partly by taxation.
b. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
c. 
In a structure:
(1) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; and
(2) 
Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
5. 
A sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is seminude.
SPECIFIED ANATOMICAL AREAS
Include:
1. 
Less than completely and opaquely covered: human genitals, public region, buttock, and female breast below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY
Includes any of the following:
1. 
Intercourse, oral copulation, masturbation, or sodomy; or
2. 
Excretory functions as a part of or in connection with any of the activities described in Subsection 1.
SUBSTANTIAL
At least thirty percent (30%) of the item or items so modified.
VISUAL DEPICTION
Includes undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image.
[R.O. 2008 § 210.760; Ord. No. 1244 § II, 12-20-2010]
A. 
A person commits the offense of public display of explicit sexual material if he or she recklessly:
1. 
Exposes, places, exhibits, or in any fashion, displays explicit sexual material in any location, whether public or private, and in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision as viewed from a street, highway, public sidewalk, or the property of others, or from any portion of the person's store, the exhibitor's store or property when items and material other than this material are offered for sale or rent to the public; or
2. 
Fails to take prompt action to remove such a display from property in his or her possession after learning of its existence.
B. 
The offense of public display of explicit sexual material is a class A misdemeanor unless the person has been found guilty of an offense under this section committed at a different time, in which case it is a class E felony.
C. 
For purposes of this Section, each day there is a violation of this Section shall constitute a separate offense.
[R.O. 2008 § 210.770; 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 a sexually oriented 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.
[R.O. 2008 § 210.780; 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 1 through December 31.
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 sexually oriented business license. No more than one (1) sexually oriented business may occupy a business premises at one (1) time.
[R.O. 2008 § 210.790; Ord. No. 1244 § II, 12-20-2010]
A. 
No person shall establish a sexually oriented business within one thousand (1,000) feet of any preexisting primary or secondary school, house of worship, State-licensed daycare facility, public library, public park, residence, or other sexually oriented business. This Subsection shall not apply to any sexually oriented business lawfully established prior to August 28, 2010. For purposes of this Subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the closest portion of the parcel containing the sexually oriented business to the closest portion of the parcel containing the preexisting primary or secondary school, house of worship, State-licensed daycare facility, public library, public park, residence, or other sexually oriented business.
B. 
No person shall establish a sexually oriented business if a person with an influential interest in the sexually oriented business has been found guilty of any of the following specified offenses for which less than eight (8) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later:
1. 
Rape and sexual assault offenses.
2. 
Sexual offenses involving minors.
3. 
Offenses involving prostitution.
4. 
Obscenity offenses.
5. 
Offenses involving money laundering.
6. 
Offenses involving tax evasion.
7. 
Any attempt, solicitation, or conspiracy to commit one of the offenses listed in Subsections (B)(1) to (B)(6) of this Subsection; or
8. 
Any offense committed in another jurisdiction which if committed in this State would have constituted an offense listed in Subsections (B)(1) to (B)(7) of this Subsection.
C. 
No person shall knowingly or intentionally, in a sexually oriented business, appear in a state of nudity.
D. 
No employee shall knowingly or intentionally, in a sexually oriented business, appear in a seminude condition unless the employee, while seminude, shall be and remain on a fixed stage at least six (6) feet from all patrons and at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.
E. 
No employee, who appears in a seminude condition in a sexually oriented business, shall knowingly or intentionally touch a patron or the clothing of a patron in a sexually oriented business.
F. 
A sexually oriented business, which exhibits on the premises, through any mechanical or electronic image-producing device, a film, video cassette, digital video disc, or other video reproduction, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose.
2. 
An operator's station shall not exceed thirty-two (32) square feet of floor area.
3. 
If the premises has two (2) or more operator's stations designated, the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations.
4. 
The view required under this Subsection shall be by direct line of sight from the operator's station.
5. 
It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by such operator station; and
6. 
It shall be the duty of the operator and of any employees present on the premises to ensure that the view area specified in this Subsection remains unobstructed by any doors, curtains, walls, merchandise, display racks, or other materials or enclosures at all times that any patron is present on the premises.
G. 
Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements of Sections 573.525 to 573.537, RSMo., shall be given one hundred eighty (180) days after August 28, 2010, to comply with the stage and building requirements of Sections 573.525 to 573.537, RSMo. During such 180-day period, any employee who appears within view of any patron in a seminude condition shall remain, while seminude, at least six (6) feet from all patrons.
H. 
No operator shall allow or permit a sexually oriented business to be or remain open between the hours of 12:00 midnight and 6:00 a.m. on any day.
I. 
No person shall knowingly or intentionally sell, use, or consume alcoholic beverages on the premises of a sexually oriented business.
J. 
No person shall knowingly allow a person under the age of eighteen (18) years on the premises of a sexually oriented business.
K. 
As used in this Section, the following terms mean:
ESTABLISH or ESTABLISHMENT
Includes any of the following:
a. 
The opening or commencement of any sexually oriented business as a new business.
b. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
c. 
The addition of any sexually oriented business to any other existing sexually oriented business.
INFLUENTIAL INTEREST
Includes any of the following:
a. 
The actual power to operate a sexually oriented business or control the operation, management, or policies of a sexually oriented business or legal entity which operates a sexually oriented business.
b. 
Ownership of a financial interest of thirty percent or more of a business or of any class of voting securities of a business; or
c. 
Holding an office, such as president, vice president, secretary, treasurer, managing member, or managing director, in a legal entity which operates a sexually oriented business.
VIEWING ROOM
The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, digital video disc, or other video reproduction.
[R.O. 2008 § 210.800; 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.
[R.O. 2008 § 210.810; 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 ensure that no person under the age of eighteen (18) enters the premises.
[R.O. 2008 § 210.820; 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.
[R.O. 2008 § 210.830; 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.
[R.O. 2008 § 210.840; 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.
[R.O. 2008 § 210.850; 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
ENTERTAINERS ARE:
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.
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.
Not permitted to demand or collect any payment or gratuity from any patron for entertainment.
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.
PATRONS ARE:
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.