[Ord. No. 352, 8-22-2005]
A.
Purpose. It is the purpose of this Chapter to regulate the
display of explicit sexual material and sexually oriented businesses
in order to promote the health, safety, morals and general welfare
of the citizens of Stockton, Missouri, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. The provisions of
this Chapter have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
explicit sexual materials. Similarly, it is not the intent nor effect
of this Chapter to restrict or deny access by adults to explicit sexual
materials protected by the First Amendment or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent or effect of this
Chapter to condone or legitimize the distribution of obscene or offensive
material of a sexual nature.
B.
Findings. Based on evidence concerning the adverse secondary
effects of adult uses on communities as outlined in numerous studies/reports
generally available for consideration on regulation of sexually oriented
businesses, the Board of Aldermen find that:
1.
Sexually oriented businesses lend themselves to ancillary, unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is no mechanism to make the
owners of these establishments responsible for the activities that
occur on their premises.
2.
Employees of certain sexually oriented businesses engage in higher
incidences of certain types of illicit sexual behavior than employees
of other establishments and that by offering or providing such locations
may thereby create unhealthy conditions, unless properly regulated.
3.
At least fifty (50) communicable diseases may be spread by activities
occurring in sexually oriented businesses including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infections (HIV-AIDS),
genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections
and shigella infections. According to the best scientific evidence,
AIDS and HIV infection, as well as syphilis and gonorrhea, are principally
transmitted by sexual acts.
4.
The number of cases of syphilis and other sexually transmitted diseases
has been on the rise or remain at high levels in the United States.
5.
The findings noted above raise substantial governmental concerns
by establishing that sexually oriented businesses have operational
characteristics that should be reasonably regulated in order to protect
the public interest and to address substantial governmental concerns.
6.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure
will place an incentive on the operators to see that the sexually
oriented business is managed in a way consistent with the health,
safety and welfare of its patrons and employees, as well as the general
public. It is appropriate to require reasonable assurances that the
licensee is the actual operator of the sexually oriented business,
fully in possession and control of the premises and activities occurring
therein.
7.
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
8.
Requiring licensees of sexually oriented businesses to keep information
regarding current employees and past employees will help reduce the
incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
9.
The disclosure of certain information by those persons ultimately
responsible for the day to day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
10.
In the prevention of the spread of communicable diseases, it is desirable
to obtain a limited amount of information regarding certain employees
who may engage in conduct that this Chapter is designed to prevent
or who are likely to be witnesses to such conduct.
11.
The fact that an applicant for an adult use license has been convicted
of a sexually-related crime leads to the rational assumption that
the applicant may engage in that conduct in contravention of this
Chapter.
12.
The barring of such individuals from the management of adult uses
serves as a deterrent to and prevents conduct that leads to the transmission
of sexually transmitted diseases.
13.
The general welfare, health, morals and safety of the citizens of
Stockton, Missouri, will be promoted by the enactment of this Chapter.
[Ord. No. 352, 8-22-2005]
Words and phrases contained in this Chapter shall be deemed
to have certain meanings, as follows:
Any live or recorded exhibition, performance, display or
dance of any type including, but not limited to, talking, singing,
reading, listening, posing, massaging, serving food or beverages,
soliciting for the sale of food, beverages or entertainment, pantomiming,
modeling, removal of clothing or any service offered for amusement
on a premises where such exhibition, performance, display or dance
is intended to seek to arouse or excite the sexual desires of the
entertainer, other entertainers or patrons or if the entertainment
involves a person who is nude or in such attire, costume or clothing
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 completely and opaquely
covered to include, but not limited to, establishments commonly known
as gentlemen's clubs, juice bars and adult bookstores, etc.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment business.
Any person who provides adult entertainment within adult
entertainment premises as defined in this Section whether or not a
fee is charged or accepted for entertainment.
Any picture, photograph or other pictorial representation that
depicts actual or simulated "specified sexual activities"; or
Any portion of a book, magazine, newspaper or other printed
or written material; or any video tape, DVD or any other recorded
medium whose content is made up in whole or in dominant part of depictions
or descriptions of "specified sexual activities" or "specified anatomical
areas".
Having knowledge of the character and content of any material
described herein or failure on notice to exercise reasonable inspection
which would disclose the content and character of the same.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
Any book, magazine or other printed or written material or
any picture, drawing, photograph, videotape or other pictorial representation,
figure, object or article.
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association marital community, joint venture, governmental
entity or other entity or group of persons however organized.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in revealing or bizarre costume or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
Any person who serves food or drink at an adult entertainment
business.
Any business enterprise that:
Has as a regular and substantial business purpose the sale,
display or rental of goods that are designed for use in connection
with "specified sexual activities" or that emphasize matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas"; or
Has one (1) of the following as a regular and substantial business
purpose: the providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display "specified
anatomical areas" or "specified sexual activities"; or the providing
of services that provide "specified sexual activities" or "specified
anatomical areas" ancillary to other pursuits or allow participation
in "specified sexual activities" ancillary to other pursuits.
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The definition of "sexually oriented business" also includes, but is not limited to, any and all of the following
as defined herein:
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1.
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ADULT ENTERTAINMENT BUSINESS: Any establishment
to which the general public, patrons or members are invited or admitted
and wherein an entertainer provides "adult entertainment" as defined
herein. These establishments include, but are not limited to, adult
theater, adult entertainment cabaret, adult entertainment studio,
adult encounter parlors and body painting studios.
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2.
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ADULT MOTEL: An enterprise where a regular
and substantial portion of its business is offering public accommodations
for consideration for the purpose of viewing closed circuit television
transmissions, films, motion pictures, videotapes, slides or other
photographic reproductions that are distinguished or characterized
by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas" and rents room accommodations
for less than six (6) hours at a time.
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3.
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ADULT MOTION PICTURE THEATER: An establishment
containing a room that seats facing a screen or projection areas,
where a regular and substantial portion of its business is the exhibition
to customers of films, videotapes or other such devices that are intended
to provide sexual stimulation or sexual gratification to the customers
and that are distinguished by an emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas".
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4.
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ADULT RETAIL ESTABLISHMENTS: An establishment
that has as a regular and substantial business purpose, offers for
sale or rent, any one (1) or more of the following: instruments, devices,
gifts or paraphernalia that are designed for use in connection with
"specified sexual activities" or clothing that graphically depicts
"specified anatomical areas" or any materials such as printed materials,
photographs, slides, films, videotapes or DVD sold or rented in an
adult bookstore, adult news rack or adult newsstand that are characterized
by their emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas".
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5.
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BATHHOUSE: An enterprise where a regular and
substantial portion of its business is offering baths with other persons
present who are nude or displaying "specified anatomical areas".
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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 foregoing;
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 or apparent sexual stimulation or gratification,
as such terms are defined in the pornography and related offenses
Chapter of the Missouri Criminal Code.
[Ord. No. 352, 8-22-2005]
A.
Display. It is unlawful for a person knowingly to:
1.
Display any explicit sexual material or sadomasochistic abuse at
newsstands or any other business establishment frequented by minors
under the age of eighteen (18) years or where said minors are or may
be invited as a part of the general public; or
2.
Permit or authorize the display of any explicit sexual material or
sadomasochistic abuse at news- stands or any other business establishments
frequented by minors under the age of eighteen (18) years or where
said minors are or may be invited as a part of the general public;
or when requested by the Police Department of the City or the Sheriff's
Department of the County to fail to promptly remove from display from
property in his or her possession or under his or her control any
explicit sexual material or sadomasochistic abuse at newsstands or
other business establishments frequented by minors under the age of
eighteen (18) years or where said minors are or may be invited as
a part of the general public.
B.
Removal. Where it appears that this Chapter or any part
of this Chapter is being or about to be violated, the Mayor or City
Attorney of the City of Stockton may commence and maintain, in the
name of the City, an action in the Circuit Court to enjoin the display
of any explicit sexual material. No provisions of this Section shall
be construed to prohibit the prosecution for violation of the provisions
of this Section in the Municipal Court.
C.
Employees. No employee of any business responsible for selling
or renting sexually explicit material shall be less than eighteen
(18) years of age.
D.
Restrictions. Nothing in this Chapter shall be construed
so as to prohibit or restrict any political subdivision or any department,
agency, office or facility thereof or any employee or agent thereof
when engaged in the performance of his official duties or any person
in the conduct of a legitimate activity for bona fide educational,
scientific or medical purposes.
[Ord. No. 352, 8-22-2005]
A.
It
shall be unlawful for any person to operate or maintain a sexually
oriented business in the City unless the owner, operator or lessee
thereof has obtained an adult entertainment business license from
the City or to operate such business after such license has been revoked
or suspended by the City.
B.
It
shall be unlawful for any person to knowingly work as an entertainer,
server or manager at a sexually oriented business unless said business
is licensed in the City.
C.
It
shall be prima facie evidence that any sexually oriented business
that fails to post the required adult entertainment business license
in the manner prescribed herein shall be operating unlawfully. In
addition, it shall be prima facie evidence that any entertainer, employee
or manager who performs any service or entertainment in a sexually
oriented business in which an adult business license is not posted,
as specified herein, shall have knowledge that such business is not
licensed.
D.
Any
licensed sexually oriented business shall be deemed to have consented
to a periodic inspection of the business premises by appropriate City
Officials. This inspection shall take place during hours when such
sexually oriented business is open to the public, unless otherwise
requested by the sexually oriented business and shall not unreasonably
interfere with the conduct of such business.
[Ord. No. 352, 8-22-2005]
A.
It
is unlawful for any person to work as an entertainer, server or manager
at a sexually oriented business without first obtaining a license
to do so from the City or to work as an entertainer, server or manager
at a sexually oriented business after such person's license to do
so has been revoked or suspended. The license year for all fees required
under this Chapter shall be from January first (1st) through December
thirty-first (31st). License fees are not refundable.
1.
The classification of licenses and fees for each shall be as follows:
Adult entertainment business license fee is one thousand dollars ($1,000.00)
per year or part thereof. Adult entertainment manager's license fee
is one hundred dollars ($100.00) per year or part thereof. Adult entertainer's
license fee is fifty dollars ($50.00) per year or part thereof. Adult
entertainment server's or clerk's license fee is fifty dollars ($50.00)
per year.
2.
Fees shall be paid by cash, certified/cashier check or money order.
The application is not complete until the fee is paid. Licenses are
for specific locations as indicated on the license and are non-transferable.
Any change in the type of sexually oriented business shall invalidate
the adult business license. No more than one (1) sexually oriented
business may occupy a business premise at one time.
[Ord. No. 352, 8-22-2005]
A.
A prospective
licensee (owner, server, entertainer or manager) shall provide a notarized
application to the City Clerk with his or her name, address (mailing
and residence), phone number, principal occupation, recent photograph
(two (2) inch by three (3) inch color), date of birth, place of birth,
driver's license, social security number, signed permission for FBI
check and similar information for all partners or stockholders in
the venture, as well as a description of the proposed business.
B.
A statement
from the applicant that the applicant has not been convicted of, released
from confinement for conviction of or diverted from prosecution on:
1.
A felony criminal act within five (5) years immediately preceding
the application or a misdemeanor criminal act within two (2) years
immediately preceding the application where such felony or misdemeanor
criminal act involved sexual offenses, 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.
2.
Upon submission of each such application, the City Clerk shall cause
the Police Department/Sheriff s Department to review the information
contained therein and verify the qualifications of the applicant.
The Board of Aldermen shall, within forty-five (45) days, consider
the application at a regular session. The applicant shall be present
in person at the meeting when said application is considered by the
Board of Aldermen. If the application meets all the requirements as
set forth in this Chapter, the Board of Aldermen may issue a license
for operation of the sexually oriented business. Those opposing such
a license may present objections at this time.
C.
No
person is eligible nor shall a license be issued to a sexually oriented
business if one (1) or more of the following conditions exist:
1.
The applicant's proposed business premises is located within seven
hundred fifty (750) feet of a school, church, hospital, City park,
licensed childcare center or residential property or property zoned
for residential use as measured in a straight line from nearest property
boundary.
2.
The applicant's property boundary line is located within one thousand
(1,000) feet of any property boundary line of any other sexually oriented
business.
3.
The applicant failed to supply all of the information requested on
the application.
4.
The applicant gave material false, fraudulent or untruthful information
on the application.
5.
The applicant's proposed business premises does not comply with or
meet the requirement of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City of Stockton.
6.
The applicant has plead guilty or been convicted of any offense referred to in Section 625.060(B)(1) of the City Code.
7.
The applicant has had an adult entertainment license revoked or suspended
in this City or any other City or County during the past five (5)
years.
8.
The proposed business premises is not designed in such a fashion
that all openings, entry ways and windows prevent view into such facilities
from any pedestrian, sidewalk, walkway, street or other public area.
[Ord. No. 352, 8-22-2005]
A.
Hours
of operation of the sexually oriented business shall not exceed 8:00
A.M. to 2:00 A.M.
B.
The
facility in which such a use is located shall be limited to one (1)
exterior wall-mounted advertising sign no greater than one (1) square
foot of sign 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 roof line of the
building. Further, no 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 or parking
lot in front of the building. No flashing lights and/or lighting that
causes the impression of motion or movement shall be permitted.
C.
Lighting
in the parking area must provide a minimum light level of twenty-five
hundredths (0.25) foot-candles over the entire parking area, but in
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. The interior premises of sexually oriented businesses
must 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.
D.
No
business activities shall take place outside the sexually oriented
business visible from the exterior.
E.
No
owner, operator, manager or other person in charge of the premises
of a sexually oriented business premises shall:
1.
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises, unless otherwise permitted pursuant to Chapter 600 "Alcoholic Beverages" of the City Code,
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 in any capacity as entertainer,
server or customer,
4.
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises, or
5.
Knowingly allow or permit a violation of this Chapter or any other
City ordinance provision or State law.
[Ord. No. 352, 8-22-2005]
A.
Upon
receipt of a complete application for an adult entertainment business
license, the City Clerk shall transmit one (1) copy of the application
to the Police Department/Sheriff's Department for investigation of
the application and one (1) copy to the City Administrator or the
City Superintendent.
B.
It
shall be the duty of the Police Chief/Sheriff or a designee to investigate
the application to determine whether the information contained therein
is accurate and whether the applicant has qualified to be issued the
license. The results of this investigation shall be forwarded to the
City Clerk no later than ten (10) working days from the application
date.
C.
It
shall be the duty of the City Administrator or the City Superintendent
to determine compliance with the requirements of this Chapter and
the applicable health, zoning, building code, fire and property maintenance
ordinances of the City. The City Administrator or City Superintendent
shall provide his or her report to the City Clerk within ten (10)
working days from the application date.
D.
Upon
receipt of these reports, the City Clerk shall either issue or deny
the license, provided the license applications for sexually oriented
businesses, entertainers, servers and managers shall be approved or
disapproved within forty-five (45) days from the filing date. If the
license is disapproved, the applicant shall be notified in writing
by certified mail to the applicant's last known address and the notification
shall state the basis for disapproval.
[Ord. No. 352, 8-22-2005]
A.
The
following standards of conduct shall be used by all adult entertainment
business licensees, their employees and all sexually oriented business
managers, servers and entertainers and patrons of sexually oriented
businesses while on or about the premises of the establishment:
1.
Any manager, server or entertainer issued a license by the City under
the provisions of this Chapter shall, at all times while working in
a sexually oriented business, have in their possession a valid identification
card issued by the City bearing the permit number, the signature of
the City Clerk, individual's name, age, weight, eye color and height.
Such card shall be laminated to prevent alteration.
2.
No manager, employee, server, entertainer or patron in a sexually
oriented business, other than a licensed bathhouse, shall appear nude,
unclothed, in less than opaque attire or in any fashion that exposes
to view any "specified anatomical area".
3.
No manager, employer, server, entertainer or patron of a sexually
oriented business shall perform any "specified sexual activities",
wear or use any device or covering exposing to view an image that
simulates any "specified anatomical areas", use artificial devices
or other objects to perform or depict any "specified sexual activities"
or participate in any act of prostitution.
4.
No manager, employee, server, entertainer or patron of a sexually
oriented business shall knowingly touch, fondle or caress any "specified
anatomical area" of another person whether such "specified anatomical
area" is clothed, unclothed, covered or exposed to view.
5.
A manager shall be on duty at all times on the premises when the
sexually oriented business is open. The manager shall verify that
any person who provides adult entertainment or works as a server possesses
a current and valid adult entertainment license. It shall also be
the manager's duty to insure that no person under the age of eighteen
(18) enters the premises.
[Ord. No. 352, 8-22-2005]
The premises of all sexually oriented businesses shall be kept
in a sanitary condition. Separate dressing rooms and restrooms for
men and women shall at all times be maintained and kept in a sanitary
condition.
[Ord. No. 352, 8-22-2005]
A.
Performances
shall always take place on a stage of at least twenty-four (24) inches
above the floor level of the audience. Entertainers shall be at least
ten (10) feet from customers and shall not touch customers or be touched
by customers. Customers shall not be permitted on the stage at any
time. No entertainer shall be permitted to demand or collect any payment
or gratuity from any employee or patron of the sexually oriented business.
B.
The
premises of all sexually oriented businesses shall be physically arranged
so that the entire interior portion of any booths, cubicles, room
or stalls are visible from a common area. The use of video cameras
to meet this requirement is not allowed. Visibility shall not be blocked
or obscured by doors, curtains, drapes or any other obstruction. The
manager shall be required to position himself/herself so as to be
able to view the entire interior portion of the premises while on
duty.
[Ord. No. 352, 8-22-2005]
A.
Every
person, corporation, partnership or association licensed under this
Chapter as a sexually oriented business shall post such license in
a conspicuous place and manner on the premises of the business.
B.
Any
person found to be in violation of any provision of this Code, though
he or she may have been previously issued a license as provided herein,
shall have his or her license revoked immediately forthwith. Prior
to revocation said licensee shall have notice of said violations and
the matter of revocation shall be placed before the next regularly
scheduled meeting of the Board of Aldermen for hearing. Should the
Board of Aldermen find that said violations did occur and upon a majority
vote of the Board of Aldermen after hearing, the revocation shall
be issued from the City Clerk and all licenses previously issued shall
be immediately surrendered by the holder thereof.
[Ord. No. 352, 8-22-2005]
All sexually oriented businesses shall have conspicuously displayed
in the common area at the 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 SEXUALLY ORIENTED BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF STOCKTON, MISSOURI
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises 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.
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Not permitted to demand or collect any payment or gratuity from
any patron for entertainment.
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Not permitted to perform, except on a stage of at least twenty-four
(24) inches above the floor level of the audience and to maintain
at least a ten (10) foot separation from any patron at all times while
performing.
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PATRONS 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 employee, server or entertainer
or other patron or engage in solicitation for prostitution.
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[Ord. No. 352, 8-22-2005]
Any person violating this Chapter shall be deemed guilty of
an offense and, upon conviction thereof, shall be fined not less than
two hundred dollars ($200.00) or be imprisoned in jail for not less
than five (5) days or be punished by both such fine and imprisonment
or be fined not more than five hundred dollars ($500.00) or be imprisoned
in jail for not more than ninety (90) days or be so punished by both
such fine and imprisonment.
