[R.O. 2008 §645.170; Ord. No. 5158 §1, 8-23-1993]
A.
It
shall be the duty of the Director of Public Safety (herein referred
to as the Director), with such aid as may be rendered by members of
the Department of Public Safety or other persons duly sanctioned by
the City Manager, to enforce the provisions of this Chapter.
B.
All
adult entertainment businesses shall permit representatives of the
Maryville Public Safety Department or their agents, or any other City
Official acting in their official capacity, to inspect the premises
as necessary to insure the adult entertainment business is in compliance
with all applicable regulations and laws.
[R.O. 2008 §645.180; Ord. No. 5158 §1, 8-23-1993]
The City Manager, City Clerk, Public Safety Director and any
other member of the Department of Public Safety, shall not have any
interest, direct or indirect, either proprietary or by the means of
any loan, mortgage or other lien, either for his/her own benefit,
in a fiduciary capacity, or any other manner, in or on the premises
of an adult entertainment business; nor shall any such person be or
have any interest in any adult entertainment business, either as owner,
part-owner, partner, member of a syndicate, shareholder or a corporation,
agent or employee, either for his/her own benefit or in a fiduciary
capacity.
[R.O. 2008 §645.190; Ord. No. 5158 §1, 8-23-1993]
The Director or any member of the Department of Public Safety
is hereby empowered to make arrests in connection with the violation
of any provision of this Chapter or other ordinance of the City, to
make searches and seizures in relation to the same, to serve any subpoena
or subpoena duces tecum or other process relating to the enforcement
of this Chapter.
[R.O. 2008 §645.200; Ord. No. 5158 §1, 8-23-1993]
The Director or his/her authorized agent, shall have the right
at any reasonable time to inspect and the licensee shall allow inspection
of any license premises and all portions of the buildings thereof,
including all rooms, cellars, out buildings, passageways, closets,
halls, yards and attics and all buildings used in connection with
the operations carried on under said license and which are in his/her
possession or under his/her control, and to size any and all objects
that may appear to be in violation of any provisions of this Chapter
and to hold in custody such objects as evidence until any matter pertaining
thereto be resolved. If not forfeited, objects shall be returned to
the lawful owner after the matter is finally adjudicated unless the
same are found to be contraband. If such objects are not claimed by
the lawful owner within ninety (90) days after final adjudication,
they shall be deemed forfeited.
[R.O. 2008 §645.210; Ord. No. 5158 §1, 8-23-1993]
The Director shall have the duty of regularly inspecting all
adult entertainment businesses, to maintain periodic checks on all
licenses issued pursuant to this Chapter thereby insuring licensees'
full compliance with the requirements of same and to determine as
to the wholesomeness and orderly manner in which any adult entertainment
business is maintained and operated.
[R.O. 2008 §645.220; Ord. No. 5158 §1, 8-23-1993]
The failure or refusal of any person to obey all terms and conditions
of any subpoena issued by the City Council is hereby declared to be
a ordinance violation.
[R.O. 2008 §645.230; Ord. No. 5158 §1, 8-23-1993]
Any licensee who shall open or operate any adult entertainment
business during the time of any suspension order shall be guilty of
a ordinance violation.
[R.O. 2008 §645.240; Ord. No. 5158 §1, 8-23-1993]
Upon information by the City Prosecuting Attorney that any person
has failed or refused to observe all the terms and conditions of a
subpoena duces tecum issued or upon complaint filed by a Public Safety
Officer or other person authorized to effect arrests, the Municipal
Judge shall issue a warrant for the arrest of the person complained
against, which warrant shall be directed to the Director of Public
Safety and shall be executed by him/her or any Officer or member of
the Department of Public Safety.
[R.O. 2008 §645.250; Ord. No. 5158 §1, 8-23-1993]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be adjudged
guilty of a ordinance violation and punished by a fine not exceeding
one thousand dollars ($1,000.00), or be punished by incarceration
for a period not to exceed one (1) year, or by both such fine and
incarceration. Each day's violation of, or failure, refusal or neglect
to comply with, any provision of this Chapter shall constitute a separate
and distinct offense.
[R.O. 2008 §645.260; Ord. No. 5158 §1, 8-23-1993]
The City Attorney, in addition to or as an alternative remedy from the provisions of Section 635.250, may seek to have the practices, violations or failure to comply with the provisions of this Chapter abated by an action for injunction to be maintained in the appropriate Circuit Court of the State of Missouri.
[R.O. 2008 §645.270; Ord. No. 5158 §1, 8-23-1993]
The City Clerk shall have the power to promulgate regulations,
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Chapter.
