Editor's Note — Ord. No. 1219 §1, adopted September
19, 2007, repealed ch. 630 "adult entertainment, adult book stores
and adult video stores" in its entirety and enacted the new provisions
set out herein. Former ch. 630 derived from ord. no. 703 §§1
— 13, 12-18-2003.
[Ord. No. 1219 §1, 9-19-2007]
The provisions of this Chapter shall apply to the area within
the City of Dardenne Prairie, Missouri.
[Ord. No. 1219 §1, 9-19-2007]
The following definitions shall be applicable in the interpretation
and enforcement of this Chapter, unless otherwise specifically stated:
The City Administrator or the Administrator's designated
employee.
Any business which offers its patrons goods of which a substantial
portion are sexually oriented materials. Any business where more than
fifteen percent (15%) of display space is used for sexually oriented
materials shall be presumed to be an adult business.
Any device or any other items intended to provide sexual
stimulation or sexual ratification to the customer, including, but
not limited to, any book, magazine, newspaper or other printed or
written matter, picture, drawing, photograph, motion picture film,
video, pictorial representation, statue, figure or other three-dimensional
object, recording, transcription or anything which is or may be used
as a means of communication that depicts, describes or portrays human
sexual intercourse, sodomy, bestiality, oral copulation, masturbation,
urinary and defecatory functions, sadism, masochism, sadomasochistic
abuse, exhibition of the genitals or any touching of the genitals,
pubic areas or buttocks of the human male or female, whether alone
or between members of the same or opposite sex or between humans and
animals, in an act of apparent sexual stimulation or gratification.
[Ord. No. 1219 §1, 9-19-2007]
A.
It
shall be unlawful for any owner or operator of a sexually oriented
business to:
2.
Purvey or display child pornography as that term is defined in Section
573.010, RSMo. (1994 as amended);
3.
Purvey or display to a person under the age of eighteen (18) any
sexually oriented material;
4.
Display or promote sexually oriented material so that it is visible
from outside the premises;
5.
Employ at the sexually oriented business any person who:
a.
Has been convicted of violating the provisions of Sections 210.430 to 210.510 of this Code, as amended, Chapters 566, 567, 568 or 573, RSMo. (1994 as amended) or has been convicted of any offense which if committed in the City of Dardenne Prairie or the State of Missouri would constitute such offenses;
b.
Is under the age of eighteen (18).
6.
Make a false statement on the application for a license.
[Ord. No. 1219 §1, 9-19-2007]
The Administrator is authorized to inspect sexually oriented
businesses to determine compliance with this Chapter and to issue
licenses in accordance with this Chapter.
[Ord. No. 1219 §1, 9-19-2007]
A.
It
shall be unlawful for any person to own or operate a sexually oriented
business without a valid license issued therefor by the Administrator
in accordance with the provisions of this Chapter.
B.
A license
issued under this Chapter shall be displayed at all times in an open
and conspicuous place in the sexually oriented business for which
it was issued.
C.
A license
issued pursuant to this Chapter shall be valid for one (1) year from
date of issue. However, any license issued pursuant to this Chapter
may be suspended or revoked at any time for failure to comply with
the regulations contained in this Chapter.
D.
A license
issued under the provisions of this Chapter shall not be transferred
to another person nor shall a single license authorize the operation
of more than one (1) sexually oriented business. The location of the
one (1) business being licensed shall be designated in the application.
[Ord. No. 1219 §1, 9-19-2007]
A.
A sexually
oriented business 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 or other video reproduction which depicts human
sexual intercourse, sodomy, bestiality, oral copulation, masturbation,
urinary or defecatory functions, sadism, masochism, sadomasochistic
abuse, exhibition of the genitals or any touching of the genitals,
pubic areas or buttocks of the human male or female, whether alone
or between members of the same or opposite sex or between humans and
animals, in an act of apparent sexual stimulation or gratification,
which items are intended to provide sexual stimulation or sexual gratification
to the customer, shall comply with the following requirements:
1.
Each application for a license shall contain a diagram of the premises
showing the location of all of the managers' stations, viewing rooms,
lighting fixtures, video cameras and monitors installed for monitoring
purposes and restrooms and shall designate all portions of the premises
in which customers will not be permitted. Restrooms shall not contain
video reproduction equipment. The diagram shall also designate the
place at which the permit will be conspicuously displayed, if granted.
A professionally prepared diagram in the nature of an engineer's or
architect's blueprint shall not be required; however, each diagram
shall be oriented to the north or to some designated roadway or object
and shall 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 Administrator 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. The application shall be certified
to be true and correct by the applicant and no alteration in the configuration
or location of a manager's station or viewing room may be made without
the prior approval of the Administrator.
2.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to ensure that each viewing room is visible
from a continuous main aisle and remains unobstructed by any doors,
curtains, walls, merchandise, display racks or other materials or
enclosures at all times that any customer is present on the premises
and to ensure that no customer is permitted access to any area of
the premises which has been designated in the application as an area
in which customers will not be permitted.
3.
The interior premises, with the exception of any viewing rooms and
the aisles contiguous to each viewing room, shall be equipped with
overhead lighting fixtures 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 floor level. Each
viewing room and the aisles contiguous to such viewing room shall
be illuminated with lighting fixtures of sufficient intensity to provide
an illumination of not less than three-fourths (¾) foot-candle
as measured at three (3) feet above floor level. It shall be the duty
of the licensee to ensure that the illumination described above is
maintained at all times that the premises are open for business.
4.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to ensure that no act of sexual intercourse,
oral sexual contact or sexual contact, including masturbation, occurs
in or on the licensed premises.
5.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to ensure that not more than one (1) person
is present in a viewing room at any time.
6.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to ensure that no openings of any kind exist
between viewing rooms and to make regular inspections for the purpose
of so ensuring.
7.
The licensee shall post conspicuous signs or notices advising customers
that no act of sexual intercourse, oral sexual contact or sexual contact,
including masturbation, is permitted on the premises and that not
more than one (1) person is permitted in a viewing room at any time
and that no openings of any kind are permitted to exist or to be made
between viewing rooms.
8.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to ensure that all wall surfaces, seating
surfaces and floor coverings in viewing rooms, or any room or area
providing patron privacy, are constructed of or permanently covered
by non-porous, easily cleanable materials with no rugs or carpeting.
9.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to ensure that the premises are clean and
sanitary at all times. Cleaning procedures shall include all of the
following:
a.
The licensee shall maintain a regular cleaning schedule, documented
by appropriate logs and shall employ sufficient personnel to assure
the establishment is clean.
b.
The licensee shall provide an employee to check all areas for garbage,
trash, bodily fluids and excrement and to remove and clean all areas
with a disinfectant. All solid waste generated by the business shall
be collected from the premises for lawful disposal at least twice
weekly. Prior to collection solid waste shall be stored in a manner
that prevents access by animals or members of the public and will
not facilitate the creation of a health nuisance.
c.
Thorough cleaning of the entire interior of any room providing customer
privacy shall be done using a disinfectant. Cleaning shall include
floors, walls, doors, seating, monitors, video cameras, windows and
other surfaces.
10.
It shall be the duty of the licensee to ensure that any seating within
a viewing room is designed to accommodate one (1) person only.
11.
It shall be the duty of the licensee to provide in a conspicuous
place on the premises free information relating to the prevention
of sexually transmitted diseases, including AIDS.
12.
It shall be the duty of the licensee and of any employees of the
licensee at the premises to monitor the number of occupants in a viewing
room.
[Ord. No. 1219 §1, 9-19-2007]
A.
Application
for a license under this Chapter may be made by submitting to the
Administrator a completed application in such form as may be prescribed
by the Administrator to ensure compliance with this Chapter, along
with a check or money order in the amount of three hundred seventy-five
dollars ($375.00) for an initial license and two hundred fifteen dollars
($215.00) for a renewal license. Application forms may be obtained
from the City Clerk. The Administrator is authorized to utilize the
Dardenne Prairie Police Department, the City Engineer or any department
or division of the City of Dardenne Prairie which in the opinion of
the Administrator may provide information pertinent to the sufficiency
of the application for license.
B.
The
Administrator shall notify any applicant for a license within thirty
(30) days of receiving the completed application whether the license
shall be issued or denied.
C.
No
license shall issue for any sexually oriented business if:
1.
The proposed location of said business is within one thousand (1,000)
linear feet from any of the following pre-existing land uses, which
have been determined by the Board of Aldermen to be inconsistent with
the operation of a sexually oriented business, measured in a straight
line from the nearest property line to the nearest property line:
D.
A sexually
oriented business in operation at the time this Chapter is enacted
that has submitted to the Administrator a properly completed application
for a license and licensing fee may continue to operate until such
time as the applicant is notified of the denial or revocation of any
license issued or to be issued pursuant to this Chapter. Applications
shall be made within twenty-one (21) days of the date this Chapter
becomes effective and failure so to apply shall be construed as a
voluntary relinquishment of any right to operate such sexually oriented
business.
E.
The
Administrator shall issue a license if the information submitted in
the application, along with any other pertinent information available
to the Administrator, demonstrates that the business to be licensed
complies with the provisions of this Chapter.
[Ord. No. 1219 §1, 9-19-2007]
Licensees desiring to renew current licenses shall, not less
than ten (10) days prior to the expiration of the license, file with
the Administrator an application for renewal. Upon payment of the
license fee as provided for herein, the Administrator shall renew
the license for an additional license year if the conditions under
which the original license was issued have not changed.
[Ord. No. 1219 §1, 9-19-2007]
The Administrator, after public hearing, may suspend or revoke
any license issued under this Code for violations of this Code.
[Ord. No. 1219 §1, 9-19-2007]
An applicant who has been denied either an initial license or
a renewal license or whose license has been suspended or revoked may
appeal the Administrator's decision by filing a written notice of
appeal within ten (10) days of the denial. The Administrator shall
hold a public hearing of the appeal within ten (10) days of receipt
of such notice of appeal and shall issue a decision thereon within
five (5) working days of the public hearing. An applicant aggrieved
by the Administrator's decision may file a written notice of appeal
to the Board of Aldermen within ten (10) days of the final decision
of the Administrator. The Board of Aldermen shall schedule a public
hearing of such appeal within two (2) weeks of filing of the written
notice of appeal or as soon thereafter as is possible if the Board
of Aldermen is not in session when the notice of appeal is filed.
The Board of Aldermen shall affirm the decision of the Administrator
if it finds by clear and convincing evidence that the conditions pertinent
to issuance of a license have not been met. An applicant aggrieved
by any decision shall have the right to seek judicial review at any
time during the process as is permitted by applicable State law.
[Ord. No. 1219 §1, 9-19-2007]
The Administrator shall quarterly inspect any sexually oriented
business within the City's authority to determine compliance with
any of the provisions of this Chapter. The fee for such inspections
shall be eighty dollars ($80.00) per inspection. The Administrator
may request the assistance of the Dardenne Prairie Police, the St.
Charles County Department of Community Health and the Environment
or any department or division of the City of Dardenne Prairie which
the Administrator deems useful in making such inspections as the Administrator
deems necessary.
[Ord. No. 1219 §1, 9-19-2007]
A.
It
shall be unlawful for the owner or operator of a sexually oriented
business to erect, construct or maintain any sign for the sexually
oriented business except for one (1) primary and one (1) secondary
sign as provided herein.
B.
Primary
signs shall have no more than two (2) display surfaces which shall:
1.
Not contain any flashing lights;
2.
Be a flat plane, rectangular in shape;
3.
Not exceed seventy-five (75) square feet in area; and
4.
Not exceed ten (10) feet in height or ten (10) feet in length.
5.
Not contain a photograph, silhouette, drawing or pictorial representation
of any kind and may display only the name of the sexually oriented
business and one (1) or more of the following: "adult bookstore",
"adult movie (or video) theater", "adult novelties", "adult entertainment".
C.
D.
Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name or any portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises or that contains any of the terms set forth in Subsection (C) of this Section or any other terminology that is commonly used to identify or is associated with the presence of a sexually oriented business shall comply with the restrictions of this Section. The intent of this Subsection is to prevent the use of the signage identifying the commercial multi-use center itself as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this Section.
