[Ord. No. 3173 §1, 7-6-2015]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
ADULT BUSINESS
Any business enterprise:
1.
That has 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
2.
That has one (1) of the following as a regular and substantial
business purposes:
a.
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
b.
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.
3.
The definition of "adult business" also, includes, but is not
limited to, any and all of the following, as defined herein:
a.
Businesses that offer the following described goods for sale
or rent:
(1)
ADULT RETAIL ESTABLISHMENTSAn establishment which 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 which are designed for use in connection with specified sexual activities or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.
(2)
ADULT BOOKSTOREAn establishment which, as a regular and substantial business purpose, offers for sale or rent, books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(3)
ADULT MEDIA OUTLETAn establishment that has as a regular and substantial business purpose the rental, sale or offering for viewing of the premises or other use of any adult media.
(4)
ADULT NEWS RACKAny coin or card operated device that offers for sale by dispensing printed material, which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(5)
ADULT NEWSSTANDA freestanding structure, vehicle or booth which as a regular and substantial business purpose, offers for sale, books, magazines, periodicals or other printed matter, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
b.
Businesses that provide the following entertainment:
(1)
ADULT ENTERTAINMENT BUSINESSAny enterprise to which the public, patrons or members are invited or admitted, and where providing adult entertainment as defined herein, is a regular and substantial portion of its business.
(2)
ADULT MOTION PICTURE THEATERAn establishment containing a room with 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 motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(3)
ADULT THEATERAn establishment located in an enclosed building where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas or live performers, for observation by customers and patrons.
(4)
ADULT ENTERTAINMENT CABARETAn establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, go-go dancers, or live performances; or material which is primarily characterized by an emphasis on specified sexual activities or specified anatomical areas.
(6)
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate, or consort with employees and/or performers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual gratification or stimulation to such customers.
(7)
BODY PAINTING STUDIOAn establishment where a regular and substantial portion of its business is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customers view specified anatomical areas.
c.
Businesses that provide the following described services:
(1)
BATH HOUSEAn 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.
(2)
ADULT MOTELAn 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, video cassettes, slides or other photographic reproductions which 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.
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any
type, including, but not limited to, talking, singing, reading, listening,
posing, 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.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly to, the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult
entertainment business as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity at an
adult business.
OPERATOR
Any person operating, conducting or maintaining an adult
business.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult business.
SPECIFIED ANATOMICAL AREAS
1.
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 encircling the nipple, or any combination
of the foregoing; or
2.
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
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.
SUBSTANTIAL BUSINESS PURPOSE
1.
Ten percent (10%) or more of the gross floor space, is devoted
to that purpose; or
2.
Ten percent (10%) or more of the retail floor space is devoted
to that purpose; or
3.
Ten percent (10%) or more of the gross sales of the business
are derived from that purpose.
[Ord. No. 3173 §1, 7-6-2015]
A. It shall be unlawful for any person to operate or maintain an adult
business in the City 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 entertainer, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult business.
C. It shall be prima facia evidence that any adult business that fails
to have posted an adult business license, in the manner required by
this Section, has not obtained such a license. In addition, it shall
be prima facia evidence that any entertainer, server, employee, manager,
operator or owner who performs any business, service or entertainment
in an adult business, in which an adult business license is not posted,
in the manner required by this Section, had knowledge that such business
was not licensed.
D. Any business enterprise that sells or rents 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 and that excludes minors by virtue of
age from all or any part of the business premises shall be deemed
to have consented to periodic entry into and inspection of the business
premises by appropriate City Officials and inspection by those officials
of only those business records necessary for the limited purpose of
determining whether such business enterprise is an "Adult Business"
as defined in this Chapter. This entry and inspection shall take place
during hours when such adult business is open to the public, unless
otherwise requested by the adult business, and shall not unreasonably
interfere with the conduct of such business.
[Ord. No. 3173 §1, 7-6-2015]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City, or to work as an entertainer, server or manager
at an adult business after such person's license to do so has
been revoked or suspended.
[Ord. No. 3173 §1, 7-6-2015]
A. The license year for all fees required under this Chapter shall be as stated in Chapter
605. The application for a license shall be accompanied by payment in full and no application shall be considered complete until such fee is paid.
B. All licenses shall be issued for a specific location and shall be
non-refundable and non-transferable.
C. The classification of business and liquor licenses and fees shall be as set forth in Chapters
600 and
605 of the City Code.
D. The license for managers, servers and entertainers shall be:
1.
Manager's license fee is fifty dollars ($50.00) per year.
2.
Entertainer's license fee is fifty dollars ($50.00) per
year.
3.
Server's and bartender's license fee is fifty dollars
($50.00) per year.
[Ord. No. 3173 §1, 7-6-2015]
All adult business licenses shall be issued only for the one (1) adult business use listed on the application. Any change in the type of adult use shall invalidate the adult business license. This shall not exclude additional licensing as may be required for serving alcohol as set forth in Chapter
600.
[Ord. No. 3173 §1, 7-6-2015]
A. Adult Business License. All persons desiring to
secure a license to operate an adult business under the provision
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 business. All applications shall be
submitted on a form supplied by the City Clerk and shall require the
following information:
1.
The name, residence address, home telephone number, occupation,
date and place of birth, and social security number of the applicant.
2.
The name of the adult business, a description of the type of
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 addresses, social security numbers and
dates of births 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 ten percent
(10%) or greater interest in the corporation.
4.
The residence addresses of the applicant, or of 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 history of the applicant,
or of the partnership and all partners, or of the corporation and
all corporate officers and directors.
6.
A statement from the applicant, or from all partners, or from
all such 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 of any type revoked or suspended,
and if so, the reason therefor, and the activity or occupation subjected
to such action, suspension or revocation.
7.
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 the application.
8.
A statement from the applicant, or from each partner, or from
each corporate officer and director, that each such person has not
been convicted of, released from confinement for conviction or, or
diverted from prosecution on:
a.
Any felony 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 involved
sexual offenses, prostitution, promotion of prostitution, indecent
exposure, sexual abuse of a child or pornography and 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 of the State of Missouri
or ordinances of the City.
9.
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.
10.
On applications requesting a license to operate a bath house
or body painting studio, the applicant shall provide for each person
working on the premises a health certificate from a duly licensed
Missouri physician stating that within ninety (90) days prior thereto,
the applicant and all other persons working on the premises have been
examined and found free of any contagious or communicable disease
as defined herein.
11.
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant, or of all partners if the
applicant is a partnership, or of all such corporate officers and
directors if the applicant is a corporation.
12.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
13.
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.
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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. Manager, Server Or Entertainer License. All persons
desiring to secure a license under the provisions of this Chapter
to be a manager, server 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 a manager, server 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 entertaining or at the business.
2.
The name and address of each adult business where the applicant
intends to work as a manager, server 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. Failure to provide an intent to hire
statement shall not invalidate the application.
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 within five (5) years immediately preceding the application,
or
b.
A misdemeanor within two (2) years immediately preceding the
application, where such felony or misdemeanor involved sexual offenses,
prostitution, promotion of prostitution, indecent exposure, sexual
abuse of a child or pornography and 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 of the State of Missouri or ordinances
of the City.
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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.
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4.
A full set of fingerprints and a photograph of the applicant
to be taken by the Police Department.
5.
The applicant shall present to the City Clerk who shall copy
documentation that the applicant has attained the age of twenty-one
(21) years at the time the application is submitted. Any of the following
shall be accepted as documentation of age:
a.
A valid motor vehicle operator's license issued by any
State, bearing this 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. Facilities Necessary. No adult business license
to conduct a bath house or body painting studio shall be issued unless
an inspection by the Director, Clay County Health Department, or his/her
authorized representative reveals that the premises the applicant
intends to conduct business from complies with each of the following
minimum requirements.
1.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given. Floors shall
be free from any accumulation of dust, dirt, or refuse. All equipment
used in the business's operation shall be maintained in a clean
and sanitary condition. Towels, linen and items for personal use of
operators and patrons shall be clean and freshly laundered. Towels,
cloths, and sheets shall not be used for more than one (1) patron.
Heavy, white paper may be substituted for sheets provided that such
paper is changed for every patron. No service or practice shall be
carried on within any cubicle, room, booth, or any area within any
permitted establishment which is fitted with a door capable of being
locked.
2.
Toilet facilities shall be provided in convenient locations.
When five (5) or more employees and patrons of different sexes are
on the premises at the same time, separate toilet facilities shall
be provided. A single water closet per sex shall be provided for each
twenty (20) or more employees or patrons of that sex on the premises
at any one (1) time. Urinals may be substituted for water closets
after one (1) water closet has been provided. Toilets shall be designated
as to the sex accommodated therein.
3.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
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The Director, Clay County Health Department, or his/her representative,
shall certify that the proposed business establishment complies with
all of the requirements of this Section and shall give or send such
certification to the City Clerk. Provided, however, that nothing contained
herein shall be construed to eliminate other requirements of statute
or ordinance concerning the maintenance of premises, nor to preclude
authorized inspection thereof. The appropriate City Official may recommend
the issuance of a license contingent upon the compliance with any
requirements in this Section.
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D. Application Processing.
1.
Upon receipt of a complete application for an adult business,
manager, server 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 the application to the Codes Enforcement Officer.
2.
It shall be the duty of the Chief of Police or his/her 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 immediately
upon receiving the results of his/her investigation.
3.
It shall be the duty of the Codes Enforcement Officer 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 Codes Enforcement Officer shall report the results of
the investigation to the City Clerk immediately upon receiving the
results of his/her investigation.
4.
Upon receipt of the reports from the Chief of Police and Codes
Enforcement Officer, the City Clerk shall submit to the Board of Aldermen
for consideration, provided the license application for an adult business,
manager, server 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.
[Ord. No. 3173 §1, 7-6-2015]
A. If the application for an adult business, manager, server or entertainer license is in proper form and accompanied by the appropriate license fee, the Board of Aldermen shall examine the application, and after such examination, the Board of Aldermen shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to Section
640.080.
B. The record of the City Clerk shall show the action taken on the application,
and if the license is granted, the City Clerk shall issue the proper
license. The license shall state that it is not transferable to other
persons or entities and the fiscal year 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 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 application may seek judicial review in a manner provide by
law.
[Ord. No. 3173 §1, 7-6-2015]
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.
The applicant's premises is located within one thousand
(1,000) feet of any school, church, public park, licensed child care
center or licensed child care home. Measurements shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's
business to the nearest point on the property line of such school,
church, public park, licensed day care center, or licensed child care
home.
b.
The applicant's premises is located within one thousand
(1,000) feet of any other adult business for which there is a license
issued. Measurements shall be made in a straight line, without regard
to intervening structures or objects, from the nearest point on the
property line of the applicant's business to the nearest point
on the property line of such other adult business.
c.
The applicant's premises is located within one hundred-fifty
(150) feet of any residentially zoned property. Measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
business to the nearest point on the property line of the residentially
zoned property.
d.
In the case of an application for an adult business license for a business use defined in Section
640.010 described as adult entertainment business, adult motion picture theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlor, body painting studio, bath house or adult motel, the applicant's premises is located within three hundred (300) feet of any residentially zoned property. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's business to the nearest point on the property line of the residentially zoned property.
e.
The applicant failed to supply all of the information requested
on the application.
f.
The applicant gave materially false, fraudulent or untruthful
information on the application.
g.
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, 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 City Administrator.
h.
The applicant has been convicted, released from incarceration,
for conviction, or diverted on any of the crimes set forth in Section
640.060(H) of this Chapter during the time period set forth in said
Section.
i.
The applicant has had an adult business or comparable license
revoked or suspended in this or any other City during the past five
(5) years.
j.
If the applicant is applying for a license to operate a bath
house or body painting studio and has not produced a health certificate
as required herein for all persons working on the premises.
2.
An applicant for a manager, server 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
(A) above.
b.
The applicant has been convicted, released from incarceration
for conviction, or diverted on any of the crimes set forth in Section
640.060(H) of this Chapter 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 a manager, server, entertainer or comparable
license revoked or suspended in this or any other City during the
past five (5) years.
[Ord. No. 3173 §1, 7-6-2015]
A. The following standards of conduct shall be adhered to by all adult
entertainment business licensees, their employees and all adult entertainment
business managers, servers and entertainers and patrons of adult entertainment
businesses while on or about the premises of the business:
1.
Interior restrictions.
a.
It shall be unlawful for any erotic dancer to dance at a distance
of less than ten (10) feet from any patron or to touch any patron
while dancing.
b.
It shall be unlawful for any erotic dancer to dance on a stage
that is not raised at least two (2) feet above the area on which the
patron or patrons sit or stand.
2.
Age restriction. Only persons twenty-one (21)
years of age or older shall be permitted on the premises of any adult
entertainment business.
3.
Exterior observation. The premises of all adult
entertainment businesses will be so constructed as to include an anteroom,
foyer, partition or other physical barrier on all customer entrances
that will insure observation of the interior of the premises and is
not observable from the exterior of the building. In addition, all
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 so as to prevent observation of
the interior of the premises from the exterior of the building.
4.
Exterior display. No adult entertainment business
will be conducted in any manner that permits the observation of live
performers engaged in an erotic depiction or dance or any material
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.
5.
Nudity prohibited — exceptions. No employee,
server or entertainer in an adult entertainment business shall appear
nude, unclothed, in less than opaque attire, or in any fashion that
exposes to view any specified anatomical area.
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, server, entertainer or patron of an adult entertainment
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, server,
entertainer or patron, whether such specified anatomical areas are
clothed, unclothed, covered or exposed.
c.
No employee, server or entertainer of an adult entertainment
business shall be visible from the exterior of the adult entertainment
business while such person is unclothed or in such attire, costume
or clothing as to expose to view any specified anatomical area.
d.
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 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 place such payment or gratuity into
the entertainer's hand.
e.
No owner, operator, manager or other person in charge of the
premises 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 pursuant to Chapter
600, Alcoholic Beverages, of this 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 twenty-one (21) years of age to be in or upon the premises;
(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.
7.
Signs required. All adult entertainment business
shall have conspicuously displayed in the common area at the principal
entrance to the premises a sign, on which uppercase letters shall
be at two (2) inches high and lowercase letters at least one (1) inch
high, which shall reads as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF PLEASANT VALLEY ENTERTAINERS ARE:
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•
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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 any employee, patron
or other entertainer or to permit any employee, patron or other entertainer
to fondle, caress or touch said entertainer.
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•
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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, unless upon a stage at least two
(2) feet above the customer floor and a sufficient distance 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 the stage, by placing such
payment or gratuity into the entertainer's hand.
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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 any employee, server
or entertainer or engage in solicitation for prostitution.
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8.
Lighting required. The premises of all adult
entertainment businesses shall be equipped with overhead lighting
of sufficient intensity to illuminate every place to which customers
are permitted access to an illumination of not less than one-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.
9.
Closed booth or room prohibited. The premises
of all adult entertainment businesses shall be physically arranged
in such manner that the entire interior portions of any booths, cubicles,
rooms or stalls is visible from a common area of the premises. Visibility
shall not be blocked or obscured by doors, curtains, drapes or any
other obstruction whatsoever.
10.
Ventilation and sanitation requirements. The
premises of all adult entertainment 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.
11.
Hours of operation. No adult entertainment
business may be open or in use between the hours of 12:00 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 12:00 A.M. and 12:00 Noon.
[Ord. No. 3173 §1, 7-6-2015]
A. Every person, corporation, partnership, or association licensed under
this Chapter as an adult business shall post such license in a conspicuous
place and manner on the adult business premises.
B. Every person holding a server, manager or entertainer license shall
post his or her license in his or her work area on the adult business
premises so it shall be readily be available for inspection by City
authorities responsible for enforcement of this Chapter.
[Ord. No. 3173 §1, 7-6-2015]
A. A manager shall be on duty at any adult business at all times the
premises are open for business. The name of the manager on duty shall
be prominently posted during business hours.
B. It shall be the responsibility of the manager to verify that any
person who provides adult entertainment or works as a server within
the premises possesses a current and valid adult entertainer's
license or an adult entertainment server's license and that such
license are prominently posted.
C. It shall be the responsibility of the manager to insure persons under
the age of twenty-one (21) do not enter upon the premises.
[Ord. No. 3173 §1, 7-6-2015]
All adult businesses shall permit representatives of the Police
Department or any other City Officials acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
[Ord. No. 3173 §1, 7-6-2015]
A. Whenever the City Clerk has information that:
1.
The owner or operator of an adult business or a holder of a
manager, server or entertainer license has violated, or knowingly
allowed or permitted the violation of any of the provisions of this
Chapter; or
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 business knew or should have known that such violations
were committed; or
3.
The adult business license or the manager, server or entertainer
license was obtained through false statements in application for such
license, or renewal thereof; or
4.
The adult business licensee or the manager, server or entertainer
licensee 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 Section
640.080; or
6.
The holder of a manager, server or entertainer license has become disqualified from having a license by conviction as provided in Section
640.080;
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Then the City Clerk shall make this information known to the
Board of Aldermen, which upon five (5) days' written notice to
the person holding the license shall 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:
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1.
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Suspend the license for up to ninety (90) days.
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2.
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Revoke the license for the remainder of the license year.
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3.
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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 further
violation does occur and after a hearing the additional violation
is determined to have actually occurred, the license will be revoked
for the remainder of the license year.
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[Ord. No. 3173 §1, 7-6-2015]
A license may be renewed by making application to the City Clerk on application forms provided for that purpose. The provisions in Chapters
600 and
605 shall apply.
[Ord. No. 3173 §1, 7-6-2015]
Following the entry of an order by the Board of Aldermen, suspending
or revoking a license issued pursuant to this Chapter, or the Board
of Aldermen 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. 3173 §1, 7-6-2015]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be 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. 3173 §1, 7-6-2015]
The City Clerk shall have the power to promulgate regulations,
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Chapter.
[Ord. No. 3173 §1, 7-6-2015]
If any Section, Subsection, subdivision, paragraph, sentence,
clause or phrase in this Chapter or any part thereof, is for any reason
held to be unconstitutional or invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity
or effectiveness of the remaining portions of this Chapter or any
part thereof. The Board of Aldermen hereby declares that it would
have passed the ordinance which adopted this Chapter and each section,
subsection, subdivision, paragraph, sentence, clause or phrase in
this Chapter or any part hereof irrespective of the fact that anyone
or more other sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional.