[Ord. No. 917 §1, 5-13-2003]
Adult entertainment establishments as defined herein may be located within the City of Rock Port only as a special use and only in accordance with the terms, conditions and requirements of this Chapter and of the Rock Port Zoning Code dealing with special uses, including Section 400.140.
[Ord. No. 917 §1, 5-13-2003]
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 or sexual fantasies 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 and all persons, including managers, entertainers and
independent contractors, who own any interest in, or work in or at
an adult entertainment establishment or render any services directly
related to the operation of an adult entertainment establishment.
Any person who provides adult entertainment within an adult
entertainment establishment.
The holder of any license issued under the provisions of
this Chapter.
Any person who manages, directs, administers an adult entertainment
establishment 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 establishment.
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 motor vehicles whether moving or not.
Any person who serves food or drink at an adult entertainment
establishment.
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, simulated or any virtual
reality or computer generated conduct, 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.
[Ord. No. 917 §1, 5-13-2003]
A.
The
following standards of conduct shall be adhered to by all adult entertainment
establishments and their licensees, employees, entertainers and patrons
while on or about the premises of an adult entertainment establishment:
1.
Age restriction. No person under the age of eighteen
(18) years shall be allowed or present in or on the premises of any
adult entertainment establishment.
2.
Separation from other uses. No adult entertainment
establishment shall be permitted within one thousand two hundred (1,200)
feet of any lot which is zoned residential, including "R-1" or "R-2",
or within one thousand two hundred (1,200) feet of any church, school,
park or licensed day care center. This separation distance shall be
measured as a straight line, without regard to intervening properties,
from the nearest exterior wall of the adult entertainment establishment
to the nearest lot line of the lot that is zoned residential, including
"R-1" or "R-2", or on which the church, school, park or licensed day
care center is located.
3.
Separation from outer adult entertainment establishments. No adult entertainment establishment shall be permitted within one
thousand (1,000) feet of any other adult entertainment use or within
one thousand (1,000) feet of any bar or tavern. This separation distance
shall be measured as a straight line, without regard to intervening
properties, from the nearest exterior wall of the adult entertainment
establishment to the nearest lot line of the lot on which another
adult entertainment establishment, bar or tavern is located.
4.
Exterior observation. The premises of all adult
entertainment establishments shall be constructed to include an anteroom,
foyer, partition or other physical barrier at all customer entrances
to insure that the interior of the premises is not observable from
the exterior of the building.
5.
Windows and doors. The building in which the adult
entertainment establishment is located shall be designed in such a
fashion that all openings, entries and windows do not permit the view
into such establishment from the exterior of the building. All doorways
constructed without an anteroom or foyer will be covered in order
to prevent observation of the interior of the premises from the exterior
of the building.
6.
Display of merchandise. No merchandise or pictures
of products or entertainment on the premises shall be displayed in
window areas or in any area where such merchandise or pictures can
be viewed from the exterior of the building. No adult entertainment
activities shall take place outside the building containing the adult
entertainment establishment.
7.
Signs. Adult entertainment establishments shall
be limited to one (1) wall-mounted sign not greater than one (1) square
foot of signage per linear foot of wall length, not to exceed a total
of fifty (50) square feet. The sign shall not flash, blink or move
by mechanical means, shall not extend above the roof line of the building
and shall not give the impression of motion or movement.
8.
Parking area lighting. Lighting in all parking areas
that serve an adult entertainment establishment shall provide a minimum
light level of one-quarter (0.25) foot-candles over the entire parking
area, but at no point shall the light level exceed three (3.0) foot-candles,
nor shall any increase in light levels or visible glare be permitted
at the lot line.
9.
Hours of operation. No adult entertainment establishment
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.
10.
Access. All access to and from the adult entertainment
establishment shall be provided from a thoroughfare street.
11.
Frontage. The lot on which the adult entertainment
establishment use is located shall have at least one hundred (100)
feet of street frontage.
12.
Lighting required. Every area of the interior of
all adult entertainment establishments into which patrons are permitted
access shall be equipped with overhead lighting of sufficient intensity
to provide an illumination of not less than one (1.0) foot-candle
as measured at the floor level, and such illumination shall be maintained
whenever any patron is present in or on the premises.
13.
Closed booth or room prohibited. The premises of
all adult entertainment establishments shall be physically arranged
so that the entire interior portions of any booths, cubicles, rooms
or stalls are visible from a common area of the premises. Visibility
into such area shall not be blocked or obscured by doors, curtains,
drapes or any other obstruction whatsoever.
14.
Sanitation requirements. The premises of all adult
entertainment establishments 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.
15.
Building and parking area setbacks. The building
in which the adult entertainment establishment is located and the
off-street parking serving the establishment shall be set back at
least twenty (20) feet from the front lot line and at least ten (10)
feet from all side and rear lot lines.
[Ord. No. 917 §1, 5-13-2003]
A.
Nudity Prohibited. It shall be unlawful for any employee
or entertainer in an adult entertainment establishment to expose to
view any specified anatomical area by appearing nude, unclothed in
less than opaque attire or in any similar fashion.
B.
Acts Prohibited.
1.
It shall be unlawful for any employee or entertainer of an adult
entertainment establishment to perform any specified sexual activity,
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.
2.
It shall be unlawful for any employee, entertainer or patron at an
adult entertainment establishment to 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, entertainer or patron, whether such specified
anatomical areas are clothed, unclothed, covered or exposed.
3.
It shall be unlawful for any employee or entertainer at an adult
entertainment establishment to be visible from the exterior of the
adult entertainment establishment while such person is clothed or
unclothed so as to expose to view any specified anatomical area.
4.
It shall be unlawful for any entertainer at an adult entertainment
establishment to dance at a distance less than ten (10) feet from
the patron or to touch any patron while dancing.
5.
It shall be unlawful for any entertainer of an adult entertainment
establishment to dance on a stage that is not raised at least two
(2) feet above the area on which patrons sit or stand.
6.
It shall be unlawful for any entertainer to solicit, demand or receive
any payment or gratuity from any patron or customer for any act prohibited
by this Chapter or receive any payment or gratuity from any patron
or customer for any entertainment except as follows:
a.
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
b.
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 place such payment or gratuity into the entertainer's
hand.
7.
No licensee, owner, manager or other person in charge of the premises
of an adult entertainment establishment shall:
a.
Permit alcoholic liquor or cereal malt beverages to be brought upon
or consumed on the premises, unless otherwise authorized by State
law;
b.
Allow or permit the sale, distribution, delivery or consumption of
any controlled substance or illegal drug on the premises;
c.
Allow or permit any person under the age of eighteen (18) years of
age to be in or upon the premises;
d.
Allow or permit any act of prostitution or patronizing prostitution
on the premises;
e.
Knowingly allow or permit on the premises a violation of this Chapter,
any other City ordinance or State law.
[Ord. No. 917 §1, 5-13-2003]
It shall be unlawful for any person under the age of eighteen
(18) years to enter or attempt to enter upon the premises of an adult
entertainment establishment.
[Ord. No. 917 §1, 5-13-2003]
A.
Every
person, corporation, partnership, entity or association licensed under
this Chapter as an adult entertainment establishment shall post such
license in a conspicuous place and manner on the premises of the adult
entertainment establishment.
B.
Every
adult entertainer working at an adult entertainment establishment
shall post their entertainer's license in a conspicuous place and
manner on the premises of the adult entertainment establishment where
they are employed.
[Ord. No. 917 §1, 5-13-2003]
A.
It
shall be unlawful for any person to operate or maintain an adult entertainment
establishment in the City unless the owner, operator or lessee thereof
has obtained an adult entertainment establishment license from the
City.
B.
It
shall be unlawful for any person to operate an adult entertainment
establishment while or after such adult entertainment establishment
license has been revoked or suspended.
C.
It
shall be unlawful for any entertainer, manager or server to knowingly
perform any work, service or entertainment for or directly related
to the operation of an adult entertainment establishment that is unlicensed
or whose license is suspended.
D.
It
shall be prima facie evidence that an adult entertainment establishment
has not obtained such a license if said establishment fails to have
its adult entertainment establishment license posted in the manner
required by this Chapter.
E.
It
shall be prima facie evidence that any entertainer, manager or server
who performs any work or service in an adult entertainment establishment
had knowledge that such establishment was not licensed if the adult
entertainment license is not posted in the manner required by this
Chapter.
[Ord. No. 917 §1, 5-13-2003]
A.
It
is unlawful for any person to work as an entertainer, manager or server
at an adult entertainment establishment unless the person has obtained
a license to do so from the City nor shall a person work at an adult
entertainment establishment after the entertainer's license has been
revoked or suspended.
B.
It
shall be prima facie evidence that an entertainer, manager or server
at an adult entertainment establishment has not obtained such a license
if said person fails to have his or her license posted in the manner
required by this Chapter.
[Ord. No. 917 §1, 5-13-2003]
A.
The
license year for all fees required under this Chapter shall be from
July first (1st) through June thirtieth (30th). The application for
a license shall be accompanied by payment in the form of a bank draft,
United States or express money order, certified check or cashier's
check made payable to the City for the correct amount of the license
fee. No application shall be considered complete until such fee is
paid as required.
B.
All
licenses shall be issued for a specific location and shall be non-refundable
and non- transferable.
C.
The
classification of licenses and fees for each shall be as follows:
1.
Adult entertainment establishment license fee: $500.00 per year.
2.
Adult entertainment entertainer's license fee (per person): $200.00
per year.
3.
Adult entertainment manager's license fee (per person): $200.00 per
year.
4.
Adult entertainment server's license fee (per person): $200.00 per
year.
D.
All
license fees shall be due and payable on or before July first (1st)
of each year and shall be good for the year beginning July first (1st)
and ending June thirtieth (30th). If such license is originally issued
after July first (1st) but before December thirty-first (31st) of
the same calendar year, the applicant shall pay one-twelfth (1/12)
of such fee for each month or fraction thereof remaining in the twelve
(12) month period ending on the June thirtieth (30th) of the next
following calendar year. The fee for any license issued subsequent
to December thirty-first (31st) of any license year shall be one-half
(½) of the annual fee with all renewals thereafter being issued
on July first (1st) of each year.
[Ord. No. 917 §1, 5-13-2003]
A.
Adult Entertainment Establishment License. All persons desiring
to secure a license to operate an adult entertainment establishment
under the provisions of this Chapter 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 entertainment
establishment and shall be accompanied by the fee required by this
Chapter. All applications shall be submitted on a form supplied by
the City Clerk and shall contain the following required information:
1.
The name, residence address, home telephone number, principal occupation,
date and place of birth and Social Security number of the applicant.
2.
The name of the adult entertainment establishment, a description
of the adult entertainment to be performed on the licensed premises
and the name of the owner of the premises where the adult entertainment
establishment will be located.
3.
If the applicant is a partnership, the names, residence address,
home telephone number, occupation, date of birth and Social Security
numbers of all partners.
4.
If the applicant is a corporation, L.L.C., L.L.P. or other business
entity, the names, residence addresses, Social Security numbers and
dates of birth shall be provided for all officers, directors, managers,
partners, members and for all stockholders who hold ten percent (10%)
or greater interest in the corporation.
5.
A statement from the applicant, each partner and from each corporate
officer, director and applicable stockholders that each person has
not plead guilty to, been convicted of or been diverted from prosecution
on:
a.
Any felony criminal act within five (5) years immediately preceding
the application, including any felony criminal act involving sexual
offenses, prostitution, promotion of prostitution, sexual abuse of
a child, pornography or related offenses as defined by State law or
crimes involving controlled substances as defined by State law or
City ordinance.
b.
Any misdemeanor criminal act within two (2) years immediately preceding
the application involving sexual offenses, prostitution, promotion
of prostitution, sexual abuse of a child, pornography or related offenses
as defined by State law or crimes involving controlled substances
as defined by State law or City ordinance.
6.
If the applicant is a corporation, L.L.C. or L.L.P., a current certificate
of registration issued by the Missouri Secretary of State.
7.
A statement signed under oath by the applicant that the applicant
has personal knowledge of the information contained in the application,
that the information contained therein is true and correct, and that
the applicant has read and understands the provisions of this Chapter
regulating adult entertainment establishments.
8.
Until the information and documentation required by this Subsection
is provided, the application shall constitute an incomplete application
and it shall not be processed.
B.
Adult Entertainment Establishment Employee's License. All
persons desiring to secure a license under the provisions of this
Chapter to be an entertainer, manager or a server at an adult entertainment
establishment shall file a notarized application with the City Clerk.
All applications shall be submitted in the name of the person proposing
to be an adult entertainment establishment entertainer, manager or
server and shall be accompanied by the fee required by this Chapter.
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, aliases (past and present),
and the establishment name or stage names used in entertaining.
2.
The name and address of each adult entertainment establishment where
the applicant intends to work.
3.
A statement from the applicant that the applicant has not plead guilty
to, been convicted of or been diverted from prosecution on:
a.
A felony criminal act within five (5) years immediately preceding
the application, including any felony criminal act involving sexual
offenses, prostitution, promotion of prostitution, sexual abuse of
a child, pornography or related offenses as defined by State law or
crime involving controlled substances as defined by State law or City
ordinance.
b.
A misdemeanor criminal act within two (2) years immediately preceding
the application, including any misdemeanor criminal act involving
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined by State law
or involving controlled substances as defined by State law or City
ordinance.
4.
Documentation that the applicant has attained the age of twenty-one
(21) years of age at the time the application is submitted. The City
Clerk shall photocopy such documentation and retain said photocopy.
5.
Until the information and documentation required by this Subsection
is provided, the application shall constitute an incomplete application
and it shall not be processed.
C.
Application Processing.
1.
Upon receipt of a complete application for an adult entertainment
establishment license or an adult entertainment establishment entertainer's,
manager's or server's license, the City Clerk shall immediately transmit
one (1) copy of the application to the Chief of the Rock Port Police
Department for verification of the facts contained in the application.
2.
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 sought. The results of said investigation
shall be reported to the City Clerk in writing not later than ten
(10) working days from the date the application is received by the
City Clerk, unless additional time is deemed to be necessary by the
Board of Aldermen.
3.
In the case of an application for an adult entertainment establishment
license, it shall be the duty of the City Clerk with the Building
Inspector to determine whether the structure meets the requirements
and standards of the applicable zoning and building code, ordinances
of the City of Rock Port, as well as the requirements of this Chapter.
The City Clerk shall prepare a report of said investigation not later
than ten (10) days from the date the application is received by the
City Clerk, unless additional time is deemed to be necessary by the
Board of Aldermen.
4.
Upon receipt of the reports noted herein, the City Clerk shall furnish
all pertinent information to the Board of Aldermen.
5.
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 and the applicant shall
be notified in writing of the date when the Board of Aldermen will
consider the application.
[Ord. No. 917 §1, 5-13-2003]
A.
If
the application for an adult entertainment establishment license or
an adult entertainment entertainer's, manager's or server's license
is in proper form and accompanied by the appropriate license fee,
the Board of Aldermen shall examine the application. After such examination,
if the applicant is qualified, the Board of Aldermen shall approve
a license as provided for by law.
B.
A license
shall not be approved to any person who has failed to render full,
free and complete answers to all questions contained on the application
or who is ineligible by reason of an affirmative answer to the questions
contained herein or who is ineligible pursuant to any provision of
this Chapter. The record of the Board of Aldermen shall reflect the
action taken on the application.
C.
If
the license application 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 shall
state the period for which it is issued. The license shall be posted
at all times in a conspicuous location in the place of business that
is licensed or where the licensee is working.
D.
If
the application for a license is disapproved, the applicant shall
be immediately notified in person or by registered or certified mail
to the applicant's last known address and the notification shall state
the basis for such disapproval. Any applicant aggrieved by the disapproval
of a license application may seek judicial review in the manner provided
by law.
[Ord. No. 917 §1, 5-13-2003]
A.
An
application for an adult entertainment establishment license shall
be ineligible and disqualified if one (1) or more of the following
conditions exist:
1.
The applicant's premises is located within one thousand two hundred
(1,200) feet of any lot which is zoned residential, including "R-1"
or "R-2", or within one thousand two hundred (1,200) feet of any church,
school, park or licensed day care center. Measurements shall be made
in a straight line, without regard to intervening properties, from
the nearest exterior wall of the adult entertainment establishment
to the nearest lot line of the lot that is zoned residential, including
"R-1" or "R-2", or on which the church, school, park or licensed day
care center is located.
2.
The applicant's premises is located within one thousand (1,000) feet
of any other adult entertainment establishment for which there is
a license issued, or within one thousand (1,000) feet of any bar or
tavern. Measurements shall be made in a straight line, without regard
to intervening properties, from the nearest exterior wall of the adult
entertainment establishment to the nearest lot line on which another
adult entertainment establishment, bar or tavern is located.
3.
The applicant failed to supply all of the information requested in
the application.
4.
The applicant gave materially false, fraudulent or untruthful information
in the application.
5.
The applicant's proposed business premises does not comply with or
meet the requirements of the applicable health, zoning, Building Code,
fire and property maintenance ordinances of the City. However, upon
a subsequent showing that the premises meet said requirements and
that the applicant is otherwise qualified, the application shall be
eligible for reconsideration by the Board of Aldermen.
6.
The application or business sought to be licensed fails to meet any
of the requirements or standards set forth in this Chapter.
B.
An
application for an adult entertainment establishment entertainer,
manager or server license shall be ineligible or disqualified if one
(1) or more of the following conditions exist:
1.
The applicant failed to provide all of the information requested
in the application.
2.
The applicant gave materially false, fraudulent or untruthful information
in the application.
3.
The employer for whom the applicant intends to work does not have
a current adult entertainment license or is ineligible to receive
an adult entertainment establishment license.
4.
The application or applicant sought to be licensed fails to meet
any of the requirements or standards set forth in this Chapter.
[Ord. No. 917 §1, 5-13-2003]
In the event of the death of a licensee, any relative of such
deceased licensee, who shall meet the other requirements of this Chapter,
may be permitted to operate the business of the licensee for the remainder
of the period for which a license fee has been paid by the deceased
licensee.
[Ord. No. 917 §1, 5-13-2003]
Whenever proof that a license has been lost or destroyed is
furnished by a licensee, a duplicate in lieu thereof shall be issued
by the City Clerk upon payment of the sum of five dollars ($5.00)
by the said licensee and submission by the latter of an application
for a duplicate license in the form provided wherein true and complete
answers must be given as to when the license was lost or destroyed,
the circumstances under which the license was lost or destroyed, and
a request that a duplicate license be issued.
[Ord. No. 917 §1, 5-13-2003]
A.
The
City Clerk or Chief of Police may recommend to the Board of Aldermen
the suspension, revocation or cancellation of any license granted
under the terms of this Chapter.
B.
The
Board of Aldermen may consider suspension, revocation or non-renewal
whenever it has information that:
1.
The licensee has violated, knowingly allowed or permitted the violation
of any of the provisions of this Chapter.
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of an adult entertainment establishment knew or should have known
that such violations were committed.
3.
The license was obtained through false statements in the application
for such license or renewal thereof.
4.
The licensee failed to make a complete disclosure of all information
in the application for such license or renewal thereof.
5.
The licensee fails to meet any of the standard requirements of this
Chapter.
6.
The licensee, since the issuance of such license, has ceased to be
the person actually engaged in the active control and management of
the licensed establishment.
7.
The operation of the establishment for which it has been discontinued
or abandoned.
8.
Any other occurrence that would render the licensee or licensed premises
ineligible or unsuitable for a license under the provisions of this
Chapter.
C.
Before
it may suspend or revoke a license, the Board of Aldermen must hold
a hearing to determine whether grounds for suspension or revocation
exist. Prior to the hearing, the Board of Aldermen must give ten (10)
days' written notice to the licensee setting out the reasons for the
hearing and alleged grounds for suspension or revocation and conditions
under which that hearing may be held, which notice shall be personally
served upon the licensee or a copy of which shall be left at the premises
covered by the license or shall be mailed by registered or certified
mail to the licensee at his last known address or residence address.
The notice shall set forth the date, place and time of said hearing.
D.
The
Board of Aldermen shall have the right to examine books, records and
papers of each licensee or applicant for a license or renewal thereof.
For such purpose, the Board of Aldermen shall have the power to issue
subpoenas over the signature of the City Clerk and all necessary processes
to subpoena witnesses, to compel by subpoena duces tecum issued over
the signature of the City Clerk the production of books, records,
papers and other evidence and to administer oaths and take testimony.
E.
The
applicant or licensee shall have the full right to be represented
by counsel, to produce witnesses and cross-examine all witnesses who
may appear against him or her at any hearing held hereunder. Subpoenas
shall be issued by the City Clerk for any witness whose presence is
desired at any hearing or proceeding held hereunder. Such subpoena
shall be served and return thereon made in the same manner as provided
by law in civil suits in this State. Witnesses may also appear voluntarily
at such hearings and testify. Before any witness shall testify in
any such hearing or proceeding, the witness shall be sworn by the
Mayor or President of the Board of Aldermen to tell the truth and
nothing but the truth.
F.
All
decisions, findings and orders of the Board of Aldermen adverse to
a party to the proceedings shall be in writing. Parties to the proceedings
shall be notified of the decision of the Board of Aldermen by certified
mail.
G.
Based
on the evidence produced at the hearing, the Board of Aldermen may
take any of the following actions:
1.
Suspend the license for up to ninety (90) days.
2.
Revoke the license for the remainder of the license year.
3.
Place the license holder on administrative probation for a period
of up to one (1) year on the condition that no further violations
of the Chapter occur during the period of probation. If a subsequent
violation is determined to have occurred, the license may be revoked
for the remainder of the license year.
[Ord. No. 917 §1, 5-13-2003]
A.
Each person holding a license under this Chapter and desiring such license renewed shall file with the City Clerk an application for license renewal between the first (1st) day of May and the fifteenth (15th) day of May each year. Said application shall update and certify in affidavit form all information required pursuant to Section 401.090. A license may be renewed by making application to the City Clerk on application forms provided for that propose.
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
C.
If
any affidavit contains information which does not justify such renewal
or if the Board of Aldermen has other information that the applicant
has not met all the other requirements of this Chapter, the Board
of Aldermen may refuse to renew such license. In the event of such
refusal, the applicant shall be given a hearing before the Board of
Aldermen in the same manner as provided herein for revocation or suspension
proceedings.
[Ord. No. 917 §1, 5-13-2003]
Following the entry of an order by the Board of Aldermen suspending
or revoking a license issued pursuant to this Chapter or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The Board of
Aldermen 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. 917 §1, 5-13-2003]
It shall be unlawful far any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be adjudged
guilty of a misdemeanor and punished by a fine not to exceed five
hundred dollars ($500.00) or be punished by incarceration for a period
not to exceed ninety (90) days, 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.
[Ord. No. 917 §1, 5-13-2003]
The City Attorney, in addition to or as an alternative remedy
from the provisions of violations of this Chapter, 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.
