[R.O. 2008 §645.010; Ord. No. 5158 §1, 8-23-1993]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following terms shall have the meanings designated
herein:
Any live exhibition, performance, display or dance of any
type, including but not limited to, talking, singing, reading, listening,
posing, serving of food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removing clothing,
or any service offered for amusement on 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 any exhibition, performance, display or dance involving a person
who is nude or in such attire, costume or clothing so 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 the genitals are completely
and opaquely covered.
Any premises to which the public, patrons or members are
invited or admitted and where adult entertainment is provided, offered
or displayed to a member of the public, a patron or member.
Any stockholder who owns ten percent (10%) or greater interests
in a corporation which owns an interest in an adult entertainment
business.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at an adult entertainment
business or render any services directly related to the operation
of an adult entertainment business.
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
The holder of any license issued under the provisions of
this Chapter.
Any person who manages, directs, administers an adult entertainment
business, or is in charge of the affairs and/or conduct of any portion
of any activity involving adult entertainment occurring at any premises
of an adult entertainment business.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons, no matter how organized.
Any area generally visible to public view and shall include
streets, sidewalks, bridges, alleys, parks, driveways, parking lots,
and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
Areas of the human body including uncovered or exposed human
genitals, pubic region or pubic hair; buttocks; female breast or breasts
below a point immediately above the top of the areola or nipple; male
genitals in a discernible erect state, even if completely and opaquely
covered; or any combination of the foregoing.
Any sexual conduct, being actual or simulated; any acts of
human masturbation; any sexual intercourse; any 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; any sadomasochistic abuse; or, acts including animals
or any latent objects in an act of or apparent act of sexual stimulation
or gratification.
[R.O. 2008 §645.020; Ord. No. 5158 §1, 8-23-1993]
A.
The
following standards of conduct shall be adhered to by all adult entertainment
business licensees, their employees and all adult entertainment business
managers, servers and entertainers and patrons of adult entertainment
businesses, while on or about the premises of the adult entertainment
business:
1.
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted on the premises of any adult entertainment
business.
2.
Exterior observation. The premises of all adult
entertainment businesses will be so constructed to include an anteroom,
foyer, partition or other physical barrier on all customer entrances,
that will insure that the interior of the premises is not observable
from the exterior of the building. In addition, all windows or other
openings shall be covered to prevent viewing of the interior of the
premises from the outside. All doorways not constructed with an anteroom
or foyer, will be covered in order to prevent observation of the interior
of the premises from the exterior of the building.
3.
Exterior display. No adult entertainment business
will be conducted in any manner that permits from any exterior source
by display, decoration, sign, show window or other opening, the observation
of live performers engaged in an erotic depiction, dance or material,
or persons depicting, describing or relating to specific sexual activities
or specified anatomical areas, as defined herein.
4.
Nudity prohibited, exceptions. No employee, manager,
server or entertainer in an adult entertainment business shall expose
to view any specified anatomical area by appearing nude, unclothed,
in less than opaque attire or in any fashion.
5.
Certain acts prohibited.
a.
No employee, manager, server or entertainer shall perform any specified
sexual activities as defined herein, wear or use any device or covering
exposed to view which simulates any specified anatomical area, use
artificial devices or inanimate objects to perform or depict any of
the specified sexual activities as defined herein, or participate
in any act of prostitution.
b.
No employee, manager, server, entertainer or patron of an adult entertainment
business shall knowingly touch, fondle or caress any specified anatomical
area of another person, nor knowingly permit another person to touch,
fondle, or caress any specified anatomical area of such employee,
manager, server, entertainer or patron, whether such specified anatomical
areas are clothed, unclothed, covered or exposed.
c.
No employee, manager, server or entertainer of an adult entertainment
business shall be visible from the exterior of the adult entertainment
business while such person is clothed or unclothed so as to expose
to view any specified anatomical area nor be in such attire, costume
or clothing as to expose to view any specified anatomical area.
d.
No entertainer shall solicit, demand or receive any payment or gratuity
from any patron or customer for any act prohibited by this Chapter
and no entertainer shall receive any payment or gratuity from any
customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform, a customer
or patron may place such payment or gratuity into a box affixed to
the stage and located at least two (2) feet from the entertainer,
or
(2)
While such entertainer is not on the stage or platform and is
clothed so as to not expose to view any specified anatomical area,
a customer or patron may either place such payment or gratuity into
the entertainer's hand, or under a leg garter or other money holding
device worn by such entertainer at least four (4) inches below the
bottom of the pubic region.
e.
No owner, operator, manager or other person in charge of the premises
of an adult entertainment premises shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, (unless otherwise permitted pursuant to Chapter 600, Alcoholic Beverages of this Code);
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance, illegal drug or narcotic
on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen
(18) years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises;
(5)
Knowingly allow or permit a violation of this Chapter, any other
City ordinance or State law.
f.
No live exhibition, performance, display or dancing shall be allowed
on any surface where food or drinks are served.
6.
Signs required. Every adult entertainment business
shall have a sign conspicuously displayed in the common area at the
principal entrance to the premises, on which uppercase letters shall
be at least two (2) inches high and lowercase letters at least one
(1) inch high, which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED
AND LICENSED BY THE CITY OF MARYVILLE, 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 nor to fondle, caress or touch the breast or breasts
of a female, or the pubic region, buttocks or genitals of any employee,
patron or other entertainer; nor 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 female breast or breasts below the top of the areola, or any portion
of the entertainer's pubic region, buttocks and or genitals.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
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While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand, or under the
entertainer's leg garter, or other properly located money holding
device.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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Not permitted to touch, caress or fondle the breast or breasts,
pubic region, buttocks or genitals of any employee, manager, server
or entertainer, nor engage in solicitation for prostitution.
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7.
Lighting required. The premises of all adult entertainment
businesses shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted
access at an illumination of not less that 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.
8.
Closed booth or room prohibited. The premises of
all adult entertainment businesses shall be physically arranged in
such manner that the entire interior portions of any booths, cubicles,
rooms or stalls are visible from a common area of the premises. Visibility
shall not be blocked or obscured by doors, curtains, drapes or any
other obstruction whatsoever.
9.
Ventilation and sanitation requirements. The premises
of all adult entertainment businesses shall be kept in a sanitary
condition. Separate dressing rooms and restrooms for men and women
shall be maintained at all times and shall be kept in a sanitary condition.
10.
Hours of operation. No adult entertainment business
may be open or in use between the hours of 1:30 A.M. and 9:00 A.M.
on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday and between
the hours of 1:30 A.M. Sunday and 9:00 A.M. Monday.
[R.O. 2008 §645.030; Ord. No. 5158 §1, 8-23-1993]
No person under the age of eighteen (18) years shall enter or
attempt to enter upon the premises of an adult entertainment business.
