[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §1, 2-1-2010]
Missouri Cities of the Fourth Class, Foristell being such, have
the authority, pursuant to the provisions of Sections 79.450 and 67.2540
et seq., RSMo., to enact ordinances to provide for the reasonable
regulation of adult businesses within its City limits in order to
prevent public indecencies and to provide for the public welfare,
to mitigate the adverse secondary efforts of sexually oriented businesses,
to limit harm to minors, and to reduce prostitution crime, juvenile
delinquency, deterioration in property values and lethargy in neighborhood
improvement efforts.
[Ord. No. 592 §1, 4-5-2004]
A.
Adult
entertainment establishments are hereby acknowledged to have special
characteristics and impacts upon their surroundings and upon the use
and enjoyment of adjacent property. It is the intent of these regulations
to provide for the confinement of adult entertainment establishments
to those commercial and industrial areas in which these special impacts
are judged to be least disruptive to the use and enjoyment of adjacent
properties. These regulations are further intended to require that
adult entertainment establishments shall not be permitted in such
concentration that their operational features may establish the dominant
character of any commercial or industrial area.
B.
These
regulations are further intended to protect and balance lawful rights
of expression with other lawful rights to the enjoyment and use of
property. Adult entertainment uses are recognized as those having
serious objectionable characteristics, thereby having a deleterious
effect upon adjacent areas, which could contribute to blight and degradation
of the surrounding neighborhood. The special regulation of adult entertainment
establishments is necessary to ensure that the adverse effect of such
uses will not contribute to the blighting and downgrading of surrounding
neighborhoods, whether residential or non-residential, by location
or concentration and to ensure the stability of such neighborhoods.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §2, 2-1-2010]
As used in this Article, the following terms shall have the
following meaning unless the context plainly requires otherwise:
A person who has attained the age of twenty-one (21) years.
An establishment, whether permanent, temporary or mobile,
having as a significant portion of its stock in trade books, photographs,
films, magazines and other periodicals or materials for sale, rental
or viewing on the premises by use of motion picture devices electronically
or otherwise by coin- or token-operated means or other periodicals
or materials or products which are distinguished or characterized
by their principal emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas" as
herein defined, or an establishment or section devoted to the sale,
rental or display of such material.
Any adult bookstore, adult entertainment establishment, adult
motion picture theater or any other adult business as defined or described
by the City Code.
Any establishment including, but not limited to, adult stores,
adult motion picture theaters, adult mini-motion picture theaters
or establishments providing live dancers or models, having as a material
portion of its business the offering of entertainment, sexually oriented
lotions or devices, stocks in trade or materials, scenes or other
presentations characterized by emphasis on depiction or descriptions
of specified sexual activities.
An enclosed building or section devoted thereto with a capacity
of two (2) or more persons used for presenting or showing, for money
consideration, movie, video or electronic films or pictures or other
material distinguished or characterized by a principal emphasis on
matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" as herein defined, for observation
by patrons therein.
An establishment having any portion of its stock in trade,
books, photographs, magazines, videos, films for sale or viewing or
periodicals which are distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to specified
sexual activities or instruments, lotions, devices or paraphernalia
which are designated for use in connection with specified sexual activities.
Only adults as herein defined shall be permitted on the premises
of any adult entertainment establishment as herein defined. It shall
be a violation of City ordinance if a person allows on the premises
of a sexually oriented business a person under the age of twenty-one
(21) years, except for a person exclusively on the premises for repair
or maintenance of the premises or equipment on the premises or for
the delivery of goods to the premises.
Exposing, placing, posting, exhibiting or in any fashion
displaying on any location, whether public or private, an item in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from the street,
or public sidewalk or from the property of others or from any portion
of the person's store or the exhibitor's store or property when items
and material other than this material are offered for sale or rent
to the public.
A person who is at least twenty-one (21) years of age and
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,
and whether or not said person is paid a salary, wage or other compensation
by the operator of said business. The term "employee" does not include a person exclusively on the premises for repair
or maintenance of the premises or equipment on the premises or for
the delivery of goods to the premises.
Any person who provides adult entertainment within an adult
business premises as defined in this Article, whether or not a fee
is charged or accepted for entertainment.
Any pictorial or three-dimensional material or product depicting
human masturbation, deviate sexual intercourse, sexual intercourse,
direct physical stimulation of unclothed genitals, sadomasochistic
abuse or emphasizing the depiction of post-pubertal human genitals.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity or premises
involving adult business occurring at any adult business premises.
Anything printed or written, or any product, picture, drawing,
photograph, motion picture film, recording or transcription, or mechanical,
digital or electrical reproduction or anything which is or may be
used as a means of communication. "Material" includes
undeveloped photographs (film or digital) molds, printing plates and
other latent representational objects.
Any person who has not attained the age of eighteen (18)
years.
The showing of post-pubertal human genitals, pubic area or
buttocks with less than a fully opaque covering, or the showing of
the female breast with less than a full opaque covering below a point
immediately below the top of the areola, or the showing of the covered
male genitals in a discernibly turgid state.
Any material or performance if:
Taken as a whole and applying contemporary community standards,
its predominant appeal is prurient interest in sex;
Applying contemporary community standards, it depicts or describes
sexual conduct in a patently offensive way; and
Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
Any person operating, conducting or maintaining an adult
business.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity or other entity or group of persons however organized.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise or offer or agree to do the same.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and vehicles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
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 forgoing;
or
Human male genitals in a discernible erect state even if completely
and opaquely covered.
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 of apparent sexual stimulation or gratification.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §11, 2-1-2010]
A.
It
shall be unlawful for any person to operate or maintain an adult business
in the City of Foristell unless the owner, operator or lessee thereof
has obtained an adult business license from the City or to operate
such business after such license has been revoked or suspended by
the City.
B.
It
is unlawful for any manager, server, employee or entertainer to knowingly
perform any work, service or entertainment directly related to the
operation of an unlicensed adult business.
C.
It
shall be prima facie evidence that any adult business that fails to
have posted, in the manner required by this Article, an adult business
license, has not obtained such a license. In addition, it shall be
prima facie evidence that any manager, server, employee or entertainer
who performs any work, service or entertainment in an adult business
in which an adult business license is not posted, in the manner required
by this Article, had knowledge that such adult business was not licensed.
D.
The
license required for an adult business or store shall apply to subtenants,
consignees, consignors, tenants or owners of property where it is
situated, and that property will be considered the point of sale for
items sold from that business premises directly or indirectly through
parties or events off premises.
[Ord. No. 592 §1, 4-5-2004]
It is unlawful for any person to perform any work as a manager,
server, employee or entertainer at an adult business without first
obtaining a license to do so from the City or to work as an manager,
server, employee or entertainer at an adult business after such person's
license to do so has been revoked or suspended.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §§7, 9, 2-1-2010]
A.
The
license year for all fees required under this Article shall be from
each February first (1st) through January thirty-first (31st). The
application for a license shall be accompanied by payment in full
of the fee stated in this Section by certified or cashier's check
or money order and no application shall be considered complete until
such fee is paid.
B.
Business
permits are not transferable and such authority as a permit confers
shall be conferred only on the permittee named therein.
Any applications made, fees paid and permits obtained under
the provisions of this Chapter shall be in addition to and not in
lieu of any other fees, permits or licenses required to be paid or
obtained under any other ordinances of this City.
C.
The
classification of licenses and fees for each shall be as follows:
1.
Every application for a permit to maintain, operate or conduct an
adult store or entertainment establishment shall file an application
with the City Clerk and pay an annual fee to the City Clerk of two
hundred dollars ($200.00) which shall not be refundable or prorated
and which shall be in addition to any other applicable tax, license
or fee.
2.
Adult entertainment manager's license fee is one hundred dollars
($100.00) per year;
3.
Adult entertainer's license fee is fifty dollars ($50.00) per year;
4.
Adult entertainment server's and other employees license fee is twenty-five
dollars ($25.00) per year.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §7, 2-1-2010]
A.
Adult Business License. All persons required to secure a
license to operate an adult business under the provisions of this
Article shall make a notarized application with the City Clerk. All
applications shall be submitted in the name of the person proposing
to conduct or operate the adult business. All applications shall be
submitted on a form supplied by the City Clerk and shall require the
following information:
1.
The name, resident address, home telephone number, occupation, date
and place of birth and Social Security number of the applicant.
2.
The name of the adult business, the address and phone number, a description
of the adult business to be performed on the licensed premises and
the name of the owner of the premises where the adult business will
be located.
3.
The names, residence address, Social Security numbers and dates of
birth of all partners, if the applicant is a partnership; and if the
applicant is a corporation, the same information for all corporate
officers and directors and stockholders who own a ten percent (10%)
or greater interest in the corporation.
4.
The address of the applicant or all partners or of all corporate
officers and directors for the five (5) years immediately prior to
the date of application.
5.
A description of the adult business or similar business history of
the applicant or of all partners or of all corporate officers and
directors; whether any such person or entity, in previously operating
in this or another City, County or State, has had a business license
revoked or suspended, the reason therefore and the activity or occupation
subjected to such action, suspension or revocation.
6.
A statement of the business, occupation or employment of the applicant
or of all partners or of all corporate officers and directors for
the three (3) years immediately preceding the date of application.
7.
A statement from the applicant or from each partner or from each
corporate officer and director that such person has not been convicted
or released from confinement for conviction of or diverted from prosecution
on:
a.
A felony criminal act within five (5) years immediately preceding
the application; or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of 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.
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The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
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8.
A full set of fingerprints and a photograph to be taken by the Foristell
Police Department of the applicant or of all partners, if the applicant
is a partnership, or of all corporate officers and directors if the
applicant is a corporation.
9.
If the applicant is a corporation, a current certificate of registration
and good standing issued by the Missouri Secretary of State.
10.
A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult businesses.
11.
A statement signed under oath that the adult business owner or applicant
or any partner or corporate officer or director from the company that
the adult business does not rent, promote, furnish, sell or display
any obscene material or performance in the adult business as defined
in Section 573.010, RSMo., and that the adult business has not been
found or declared to have obscene material or performance being rented,
sold, promoted, furnished or displayed in violation of Chapter 673,
RSMo., and any amendments thereto, and that the adult business has
not been enjoined from promoting, furnishing or displaying any material
or performance determined to be obscene pursuant to Section 573.070,
RSMo., or any amendments thereto.
12.
The applicant for a permit to operate an adult store or entertainment
establishment shall set forth the exact nature of the store or establishment,
the proposed place of business and facilities therefore.
13.
Each applicant shall provide written proof that he/she is an adult,
as defined herein; and that he/she has no criminal convictions involving
moral turpitude; and the business, occupation or employment of the
applicant for ten (10) years immediately preceding the date of application.
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Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
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B.
Adult Business Manager, Server, Employee Or Entertainer License. All persons required to secure a license under the provisions of
this Article to be an adult business manager, server, employee or
entertainer shall make a notarized application with the City Clerk.
All applications shall be submitted in the name of the person proposing
to be an adult business manager, server, employee or entertainer.
All applications shall be submitted on a form supplied by the City
Clerk and shall require the following information:
1.
The applicant's name, home address, home telephone number, date and
place of birth, Social Security number and any stage names or nicknames
used in employment.
2.
The name and address of each adult business where the applicant intends
to work as a manager, server, employee or entertainer and an "intent
to hire" statement from an adult business that is licensed or that
has applied for a license under the provisions of this Chapter indicating
the adult business intends to hire the applicant to manage, serve
or entertain on the premises.
3.
A statement from the applicant that the applicant has not been convicted
of, released from confinement for conviction of, or diverted from
prosecution on:
a.
A felony criminal act within five (5) years immediately preceding
the application, or
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Missouri
Criminal Code, or involved controlled substances of illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances. The statement shall also indicate
that the applicant has not been convicted of a municipal ordinance
violation or diverted from prosecution on a municipal ordinance violation
within two (2) years immediately preceding the application where such
municipal ordinance violation involved sexual offenses, indecent exposure,
prostitution or sale of controlled substances or illegal drugs or
narcotics.
4.
A full set of fingerprints and a photograph of the applicant as taken
by the Foristell Police Department.
5.
The applicant shall present to the City Clerk who shall copy documentation
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A motor vehicle operator's license issued by any State bearing the
applicant's photograph and date of birth;
b.
A State-issued identification card bearing the applicant's photograph
and date of birth;
c.
An official and valid passport issued by the United States of America;
d.
An immigration card issued by the United States of America;
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk; or
f.
Any other form of identification deemed reliable by the City Clerk.
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Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
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C.
Transfer Of Licenses — Other Licenses, Fees.
1.
Business and employee licenses are not transferable and such authority
as a license confers shall be conferred only on the premises named
therein.
2.
Any application made, fees paid and licenses obtained under the provisions
of these regulations shall be in addition to and not in lieu of any
other fees, permits or licenses required to be paid or obtained under
any other ordinances of the City.
D.
Application Processing. Upon receipt of a complete application
for an adult business or an adult business manager, server, employee
or entertainer license, the City Clerk shall immediately transmit
one (1) copy of the application to the Chief of Police for investigation
of the application. In addition, the City Clerk shall transmit a copy
of any application for an adult business to the Building Inspector.
It shall be the duty of the Chief of Police or his designee to investigate
such application to determine whether the information contained in
the application is accurate and whether the applicant is qualified
to be issued the license applied for. The Chief of Police shall report
the results of the investigation to the City Clerk not later than
ten (10) working days from the date the application is received by
the Chief of Police. It shall be the duty of the Building Inspector
or his designee to determine whether the structure where the adult
business will be conducted complies with the requirements and meets
the standards of the applicable health, zoning, building code, fire
and property maintenance ordinances of the City. The Building Inspector
shall report the results of the investigation to the City Clerk not
later than ten (10) working days from the date the application is
received by the Building Inspector. Upon receipt of the Chief of Police
and Building Inspector reports, the City Clerk shall schedule the
application for consideration by the Board of Aldermen at the earliest
meeting consistent with the notification requirements established
by law, provided the license application for an adult business and
for an adult business manager, server, employee or entertainer license
shall be approved or disapproved within forty-five (45) days from
the date of filing of a completed application with the City Clerk's
office. The applicant will be notified in writing of the date when
the Board of Aldermen will consider the application and invited to
attend.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §8, 2-1-2010]
A.
After
the filing of an application in proper form for a business permit,
the City Clerk shall issue such permit within twenty-one (21) days
following the application, unless the City Clerk finds that the applicant
has knowingly made any false, misleading or fraudulent statement of
fact in the application or has failed or refused to pay the required
fee.
B.
The
record of the Board of Aldermen shall show the action taken on the
application, and if the license is granted, the Board of Aldermen
shall direct the City Clerk to issue the proper license. The license
shall state that it is not transferable to other persons or premises
and the period for which it is issued. The license shall be kept posted
in a conspicuous place in the place of business that is licensed or
where the licensee is working.
C.
If
an application for a license is disapproved, the applicant shall be
immediately notified by registered mail or certified mail to the applicant's
last know address and the notification shall state the basis for such
disapproval. Any applicant aggrieved by the disapproval of a license
may seek judicial review in a manner provided by law.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §9, 2-1-2010]
A.
No
person is eligible, nor shall a license be issued to:
1.
An adult business applicant if one (1) or more of the following conditions
exist:
a.
No adult store or adult entertainment establishment shall be permitted
within one thousand two hundred (1,200) feet of any religious institution,
school or public park or any property zoned or used for residential
purposes. Such distance shall be measured in a straight line without
regard to intervening properties from the closest exterior structural
wall of the adult store or entertainment establishment to the closest
property line of the religious institution, school or public park
or the property zoned or used for residential purposes. The facility
in which the use is located shall be designed in such a fashion that
all openings, entries and windows prevent view into such facility.
b.
The applicant's premises is located within one thousand two hundred
(1,200) feet of any other adult business for which there is a license
issued or within one thousand two hundred (1,200) feet of any other
business licensed to sell or serve alcoholic beverages, whether or
not such business is also an adult business as defined in these regulations.
The distance between two (2) adult businesses or between an adult
business and a business selling alcoholic beverages shall be measured
in a straight line without regard to intervening structures, right-of-way
or easements from the closest exterior wall of each business.
c.
The applicant failed to supply all of the information requested on
the application.
d.
The applicant gave materially false, fraudulent or untruthful information
on the application.
e.
The applicant's proposed business premises does not comply with or
meet the requirements of the applicable health code, zoning code,
building code, fire and property maintenance ordinances of the City,
provided that upon a showing that the premises meets said requirements
and that the applicant is otherwise qualified, the application shall
be eligible for reconsideration by the Board of Aldermen.
f.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Subsection 605.316(A) during the time period set forth in said Section. The applicant has had an adult business license revoked or suspended in this City or any other City or County during the past ten (10) years.
2.
An applicant for an adult manager, server, employee or entertainer
if one (1) or more of the following conditions exist:
a.
The employer for whom the applicant intends to work does not have
or is ineligible to receive an adult business license for any of the
reasons stated in Subsection 605.318(1) above;
b.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Subsection 605.316(B) during the time period set forth in said Section;
c.
The applicant failed to provide all of the information required on
the application;
d.
The applicant gave materially false, fraudulent or untruthful information
on the application;
e.
The applicant has had an adult manager, server, employee or entertainer
license revoked or suspended in this City or any other City or County
during the past five (5) years.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §6, 2-1-2010]
A.
The
following standards of conduct shall be adhered to by all adult business
licensees, their employees and all adult business managers, servers,
employees and entertainers and patrons of adult businesses while on
or about the premises of the adult business:
1.
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted on the premises of the adult business.
2.
Exterior observation. The premises of all adult
businesses will be constructed so as to include an anteroom, foyer,
partition or other physical barrier on all customer entrances which
will insure observation of the interior of the premises is not observable
from the exterior of the building. In addition, windows will be covered
to prevent viewing of the interior of the building from the outside
and all doorways not constructed with an anteroom or foyer will be
covered as to prevent observation of the interior of the premises
from the exterior of the building.
3.
Exterior display. No adult business shall be conducted
in any manner that permits the observation of live performers engaged
in an erotic depiction of dance or any materials or persons depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" as defined herein from any exterior source by display,
decoration, sign, show, window or other opening.
4.
Exterior signage. The facility in which such a use
is located shall be limited to one (1) wall-mounted sign no greater
than one (1) square foot 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 roofline
of the building. Further, no explicit sexual material, 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 which leaves the impression of motion or movement
shall be permitted.
5.
Nudity prohibited. No employee, manager, server
or entertainer in an adult business shall appear in a state of nudity.
6.
Certain acts prohibited.
a.
No employee, 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 business
shall knowingly touch, fondle or caress any "specified anatomical
area" of another person or 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 uncovered.
c.
No adult entertainer shall solicit, demand or receive any payment
or gratuity from any patron or customer for any act prohibited by
this Chapter and no adult entertainer shall receive any payment or
gratuity from any patron or 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, 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 the leg garter worn by such entertainer
at least four (4) inches below the bottom of the pubic region.
d.
No owner, operator, manager or other person in charge 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
by City Code and proper licenses);
(2)
Knowingly allow or permit the sale, distribution, delivery or
consumption of any controlled substance or 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 premise; or
(5)
Knowingly allow or permit a violation of this Article or any
other City ordinance, provision or State law.
(6)
All adult businesses with entertainers as part of their adult
business shall have conspicuously displayed in the common area at
the principal entrance to the premises a sign, of 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 BUSINESS IS REGULATED AND LICENSED BY THE CITY OF
FORISTELL
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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 and must be upon a stage at least two (2) feet above
the customer floor and ten (10) feet from the customers to prevent
the customers from touching the entertainers.
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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 stage, by either placing such
payment or gratuity into the entertainer's hand or under the entertainer's
leg garter.
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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 breasts, pubic
region, buttocks or genitals of any manager, server, employee or entertainer
or other person or to engage in solicitation for prostitution.
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7.
Lighting required. The premises of all adult 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 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.
8.
Closed booths or rooms prohibited. The premises
of all adult businesses shall be physically arranged in such a 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 businesses shall be kept in a sanitary condition. Separate
dressing rooms and rest rooms for men and women shall at all time
be maintained and kept in a sanitary condition.
10.
Hours of operation. No adult entertainment business
may be open or in use between the hours of 1:00 A.M. and 9:00 A.M.
on any day other than a Sunday when the business may not be open between
the hours of 1:00 A.M. and 12:00 Noon.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §3, 2-1-2010]
A.
A permittee
shall have the premises supervised at all times when open for business.
The permittee shall personally supervise the business and shall not
violate or permit others to violate any applicable provision of this
Article. The violation of any such provision by any agent or employee
of the permittee shall constitute a violation by the permittee.
B.
All
permittees under the provisions of this Article shall keep and maintain
on their premises a current register of all their employees showing
such employee's name, address, age, sex and duties. Such register
shall be open to the inspection at all reasonable times by any duly
authorized officer of the City.
[Ord. No. 592 §1, 4-5-2004]
All adult businesses shall permit representatives of the Chief
of Police, Building Inspector or any other City Official acting in
their official capacity to inspect the premises as necessary to insure
the business is complying with all applicable regulations and laws.
Such inspections shall be at reasonable times and in a reasonable
manner. It shall be unlawful for any adult business permittee or manager
to fail to provide such officers of the City immediate access to the
premises or to hinder such officer in any manner.
[Ord. No. 592 §1, 4-5-2004]
A.
Whenever
the City Clerk, Building Inspector or Chief of Police or their designee
has information that:
1.
The owner or operator of an adult business or a holder of an adult
business manager, server, employee or entertainer license has violated
or knowingly allowed or permitted the violation of any of the provisions
of this Article; or
2.
There have been recurrent violations of provisions of this Article
that have occurred under such circumstances that the owner or operator
of an adult business knew or should have known that such violations
were committed; or
3.
The adult business license or the adult business manager, server,
employee or entertainer license was obtained through false statements
in the application for such license or renewal thereof; or
4.
The adult business licensee or the adult business manager, server,
employee or entertainer failed to make a complete disclosure of all
information in the application for such license or renewal thereof;
or
5.
The owner or operator or any partner or any corporate officer or director holding an adult business license has become disqualified from having a license by a conviction as provided in Subsection 605.316(A); or
6.
The holder of an adult business manager, server, employee or entertainer license has become disqualified from having a license by a conviction as provided in Subsection 605.316(B), then the City Clerk shall make this information known to the Board of Aldermen, which upon at least five (5) days' written notice to the person holding the license, conduct a public hearing to determine whether the license should be suspended or revoked. The Board of Aldermen may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Board of Aldermen may take any of the following actions:
a.
Suspended the license for up to ninety (90) days.
b.
Revoke the license for the remainder of the license year.
c.
Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of these regulation occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, the license will be revoked for the remainder of
the license year.
d.
Take such other action and set such conditions as the Board of Aldermen
deems appropriate to the circumstances.
[Ord. No. 759 §4, 2-1-2010]
Any duly authorized Police Officer of the City may, based upon
a complaint, make an inspection of each adult entertainment establishment
for the purpose of determining that the provisions of this Article
are complied with. Such inspections shall be at reasonable times and
in a reasonable manner. It shall be unlawful for any permittee to
fail to allow such officer immediate access to the premises or to
hinder such officer in any manner.
[Ord. No. 592 §1, 4-5-2004]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on January
thirty-first (31st) of each calendar year and renewal applications
for such renewals shall be submitted between November first (1st)
and December fifteenth (15th).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Article shall be renewed by issuance
of a new license in the manner provided in this Article.
[Ord. No. 592 §1, 4-5-2004]
Following the entry of an order by the City Clerk suspending
or revoking a license issued pursuant to this Article or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Clerk
may stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and/or final disposition of proceedings
for judicial review.
[Ord. No. 592 §1, 4-5-2004; Ord. No. 759 §10, 2-1-2010]
Any person who violates any provision of this Article shall,
upon conviction, be punished in accordance with the provisions of
this Article and shall be subject to imprisonment for up to ninety
(90) days and to a fine up to five hundred dollars ($500.00), or both
such fines and imprisonment. Each day of such violation may constitute
a separate offense.
[Ord. No. 592 §1, 4-5-2004]
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 Article.
[Ord. No. 592 §1, 4-5-2004]
A.
Severability. Should any Section, sentence or clause of
this Chapter be declared invalid or unconstitutional, such declaration
shall not affect the validity of the remaining Sections, sentences
or clauses.
B.
Ordinances In Conflict. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
C.
Effective Date. This Article shall be in full force and
effect from the date of passage (April 5, 2004).
