[Editor's Note: Former Ch. 620, Nude Dancing or Erotic Dancing
Establishments, was repealed 11-6-2023 by Ord. No. 395. Prior history
includes R.O. 1994 and Ord. No. 209.]
[Ord. No. 395, 11-6-2023]
A.Â
Adult business establishments are hereby acknowledged to have special
characteristics and impacts upon their surroundings and impacts upon
the use and enjoyment of adjacent property. It is the intent of these
regulations to provide for the confinement of adult business establishments
to those commercial and industrial areas in which these special impacts
are judged to be least disruptive to the use and enjoyment of adjacent
properties. These regulations are further intended to require that
adult entertainment establishments shall not be permitted to locate
in such concentration that their operational features may establish
the dominant character of any commercial or industrial area.
B.Â
These regulations are further intended to protect and balance lawful
rights of expression with other lawful rights to the enjoyment and
use of property. Adult business uses are recognized as having serious
objectionable operational characteristics, particularly if several
such uses are concentrated, thereby having a deleterious effect upon
adjacent areas and could contribute to blight and degradation of the
surrounding neighborhood. The special regulation of adult entertainment
establishments is necessary to ensure that the adverse effect of such
uses will not contribute to the blighting of surrounding neighborhoods
whether residential or non-residential by location or concentration
and to ensure the stability of such neighborhoods.
[Ord. No. 395, 11-6-2023]
Definitions. As used in this Chapter, the following terms shall
have these prescribed meanings:
An establishment having as a ten percent (10%) portion of
its stock-in-trade, books, photographs, magazines, films for sale
or viewing by use of motion-picture devices, computers, or other coin-operated
means, other periodicals which are distinguished or characterized
by their principal emphasis on matters depicting, describing or relating
to sexual activities as said term is variously defined herein, and
the sale of objects or devices used to provide sexual gratification.
Any of the establishments, businesses, buildings, structures,
or facilities defined in this Section which provide entertainment,
goods, or services, as defined herein.
Any live, film, or digital 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 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.
Any premises to which the public, patrons or members are
invited or admitted and wherein an entertainer provides adult entertainment
to a member of the public, a patron or member.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, videotapes, digital
recordings, or films predominantly distinguished or characterized
by their principal emphasis on matters depicting, describing or relating
to specified sexual activities, as said term is defined herein, and
exotic dance facilities (regardless of whether the theater or facility
provides a live presentation, videotape, digital recordings, or film
presentation), where the patrons either:
Engage in personal contact with, or allow personal contact by
employees, devices or equipment, or by personnel provided by the establishment
which appeals to the prurient interest of the patrons; or
Observe any live presentation, videotape, digital recording,
or film presentation of persons wholly or partially nude with their
genitals or pubic region exposed or covered only with transparent
or opaque covering, or in the case of female persons with the areola
and nipple of the breast exposed or covered only with transparent
or opaque covering, or to observe specified sexual activities as said
term is defined herein.
Any building, structure, or facility used for film or digital
recording of specified sexual activities as defined herein, including
facilities that reproduce and distribute such films or recordings.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
Any person who performs any service on the premises of a
sexually oriented business on a full-time, part-time, or contract
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise. Employee does not include a person
exclusively on the premises for repair or maintenance of the premises
or for the delivery of goods to the premises.
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not:
Any dance performed by an erotic dancer in an erotic dance
establishment which emphasizes or seeks to arouse or excite a patron's
sexual desires.
A fixed place of business which, as a portion or all of its
business, emphasizes activities or seeks, through one (1) or more
dancers, to arouse or excite the patrons' sexual desires or sexual
fantasies whether or not alcoholic beverages, beer, intoxicating liquor
or other non-intoxicating beverages are sold or consumed on the premises.
Any male or female who performs in an erotic dance establishment
who is not fully clothed or is wearing clothing designed to accentuate
the body in a manner which would tend to sexually arouse another person.
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, film, digital
recording, or other type of adult entertainment premises as defined
herein.
An establishment which has a fixed place of business having
a source of income or compensation sixty percent (60%) or more of
which is derived from the practice of any method of pressure on or
friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulation of external parts of the human body with
the hands or with the aid of any mechanical electric apparatus or
appliances with or without such supplementary aids as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotion, ointment or
other similar preparations commonly used in the practice of massage
under such circumstances that it is reasonably expected that the person
to whom the treatment is provided or some person on his/her behalf
will pay money or give any other consideration or gratuity; provided
that this term shall not include any establishment operated or supervised
by a medical or chiropractic practitioner or professional physical
therapist licensed by the State of Missouri.
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing or otherwise. This does
not apply to public or private schools wherever persons are enrolled
in a class.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, the showing of
the female breast with less than a fully opaque covering of any part
of the nipple or areola, or the showing of the covered male genitals
in a discernible turgid state.
Any person on the premises of a sexually oriented business
who causes the business to function, puts or keeps the business in
operation, or is authorized to manage the business or exercise overall
operational control of the business premises. A person may be found
to be operating or causing to be operated a sexually oriented business
whether or not such person is an owner, part owner, or licensee of
the business.
A customer of an establishment where erotic dancing or other
type of adult entertainment occurs while on the premises.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial community, joint venture, governmental
entity, or other entity or group of persons however organized engaged
in the ownership and/or operation of an adult entertainment establishment
as defined herein.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
Include:
Acts of oral copulation, masturbation, homosexuality, sexual
intercourse, sodomy, or physical contact with a person's unclothed
genitals, pubic area, buttocks or, if such person be a female, her
breast.
Excretory functions as a part of or in connection with any of
the activities described in Subsection (1)(a) of this definition.
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of stimulation or arousal; or
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
[Ord. No. 395, 11-6-2023]
A.Â
It shall be unlawful for any retail licensee licensed to sell intoxicating
liquor, wine or beer, or his/her employee to permit in or upon his/her
licensed premises:
1.Â
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law;
2.Â
The displaying of any portion of the areola of the female breast;
3.Â
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus or genitals;
4.Â
The actual or simulated displaying of the pubic hair, anus,
vulva or genitals;
5.Â
Any person to remain in or upon the licensed premises who exposes
to public view any portion of his/her genitals or anus; and
6.Â
The displaying of films, digital video programs or pictures
depicting acts, the live performances of which are prohibited by this
regulation or by any other law.
B.Â
In addition to the licensee and/or his/her employee being subject
to all penalties contained in all Sections of the City Code, violation
of any act or any provision contained herein shall be grounds for
the license of the licensee to be suspended or revoked.
[Ord. No. 395, 11-6-2023]
A.Â
A person who knowingly or intentionally, in a public place to include,
but not be limited to, indoor and outdoor entertainment establishments,
restaurants, theaters, bars, bookstores and places of public accommodation
where one (1) or more other persons is present:
[Ord. No. 395, 11-6-2023]
A.Â
As erotic dancing, erotic dancers, and erotic dance establishments
are defined in this Chapter:
1.Â
It shall be unlawful for any erotic dancer to fondle, caress
or touch any patron in any manner which could cause any degree of
sexual arousal or excitement to either person, or for any patron to
fondle, caress or touch any dancer in any manner which could cause
any degree of sexual arousal or excitement to either person.
2.Â
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.
3.Â
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.
4.Â
It shall be unlawful for any patron to tip, pay, give a gratuity
or other thing of value to any erotic dancer or to someone else in
his/her behalf, and it shall be unlawful for any erotic dancer to
receive from a patron in any manner any tip, pay, gratuity or other
thing of value either directly or indirectly. It shall also be unlawful
for any erotic dancer to solicit any pay, tip, gratuity or other thing
of value from any patron.
5.Â
Licensing And Business Records.
a.Â
It shall be unlawful for any establishment in which erotic dancing
occurs to allow erotic dancing to occur on premises without an erotic
dance establishment license.
(1)Â
A prospective licensee shall provide the Police
Department of the City of Jonesburg with his/her name, address, phone
number, principal occupation and similar information for all partners
or stockholders in the venture, as well as a description of the proposed
establishment, the nature of the proposed business and the magnitude
thereof. Upon providing this information, a license to allow erotic
dancing within the establishment will be issued within two (2) business
days.
(2)Â
Owners or operators of an establishment with an
erotic dance license shall maintain business records that include
the names and address and ages of all persons employed as dancers
or contracted to perform dances for a period of two (2) years. Said
list or lists shall be made available to the City of Jonesburg Police
Department upon request at any time. No later than March 1 of each
year, an erotic dance establishment licensee shall file a verified
report with the City Clerk showing the licensee's gross receipts
and the amounts paid to each of the dancers, identifying each by name
and amount, for the preceding calendar year.
(3)Â
It shall be unlawful for any erotic dancer to dance
at an erotic dance establishment within the City limits of the City
of Jonesburg, Missouri, without first securing a license to do so
from the City of Jonesburg. A dancer applying for a license shall
provide the City with his/her name, address, phone number, birth date,
aliases (past and present) and the business name or names and address
or addresses where the dancer intends to dance. The license shall
be obtained from the Jonesburg Police Department and shall be issued
upon application or at least within twenty-four (24) hours thereafter.
b.Â
If any Section, Subsection or clause of this Chapter shall be
deemed to be unconstitutional or otherwise invalid, the validity of
the remaining Sections, Subsections and clauses shall not be affected
thereby.
[Ord. No. 395, 11-6-2023]
A.Â
No adult business as defined herein shall be permitted within one
thousand two hundred (1,200) feet of any religious institution, school
or public park or any property zoned for residential use. Such distance
shall be measured in a straight line without regard to intervening
properties from the closest exterior structural wall of the adult
business establishment to the closest property line of the religious
institution, school or public park, or the property zoned for residential
use.
B.Â
No adult business establishment shall be allowed to locate or expand
within one thousand (1,000) feet of any other adult business use or
of any business licensed to sell or serve alcoholic beverages whether
or not such business is also an adult business establishment as defined
in this Section. The distance between any two (2) adult business establishments
or between an adult business establishment and a business selling
or serving alcoholic beverages shall be measured in a straight line
without regard to intervening structures from the closest exterior
structural wall of each business.
C.Â
All access to and from the adult business establishment shall be
provided from a street classified as a thoroughfare.
D.Â
The property on which such use is located shall have a minimum of
one hundred (100) feet of street frontage.
E.Â
The property on which the use is located shall be screened by solid
masonry wall at least six (6) feet in height along all interior property
lines.
F.Â
The facility on which the use is located and the parking for such
facility shall have a front yard setback of twenty (20) feet, a side
yard setback of ten (10) feet and a rear yard setback of ten (10)
feet.
G.Â
Off-street parking shall be provided at a ratio of one (1) parking
space per seventy-five (75) square feet of interior floor area. All
off-street parking requirements shall conform to the special conditions
of this Chapter.
H.Â
All landscaping and screening requirements of this Section of this
Chapter shall be observed.
I.Â
The facility in which the use is located shall be designed in such
a fashion that all openings, entries and windows prevent view into
such facilities from any pedestrian, sidewalk, walkway, street or
other public area. No adult business activity shall take place partially
or totally outside the adult business establishment.
J.Â
The facility in which such a use is located shall be limited to one
(1) wall-mounted sign no greater than one (1) square foot of sign
per one (1) 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 in front of the building.
No flashing lights and/or lighting which leaves the impression or
movement shall be permitted.
K.Â
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 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.
[Ord. No. 395, 11-6-2023]
A.Â
Each application for a conditional use permit shall require the submission
of an accompanying site plan. The site plan shall include, as a minimum,
the following information:
1.Â
The site plan shall be drawn at a scale of one (1) inch equals
fifty (50) feet or larger.
2.Â
The site plan shall delineate the property lines of the proposed
project and shall indicate the zoning and present use of abutting
properties.
3.Â
The site plan shall delineate existing rights-of-way and easements.
4.Â
The site plan shall delineate the general location and width
of all proposed streets and public rights-of-way such as alleys, pedestrianways
and easements.
5.Â
The site plan shall delineate the solid masonry screening as provided in Section 620.060(E) above.
6.Â
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks as required in Section 620.060(F) above.
7.Â
The site plan shall characterize the proposed usage of the building
and description of the proposed use by type, character and intensity.
8.Â
The site plan shall delineate the location, number of parking spaces, and the proposed parking and loading ratio and its location and requirements in accordance with Section 620.060, Special Conditions, above.
9.Â
The site plan shall delineate all points of access and egress in accordance with Section 620.060(C) above.
10.Â
The site plan shall present in tabular form the proposed net
density of the use providing the number of seats, employees or other
applicable unit of measure.
11.Â
The site plan shall delineate the gross floor area of the building
or structure.
12.Â
The site plan shall detail the proposed stages of construction
for all land in development and improvements within the proposed district.
13.Â
The site plan shall describe the landscaping to be provided.
14.Â
The site plan shall delineate the proposed exterior lighting in accordance with Section 620.060(K) above.
15.Â
The site plan shall delineate the proposed architectural details of the facility in accordance with Section 620.060(I) above.
16.Â
The site plan shall indicate the signage in accordance with Section 620.060(J) above.
17.Â
The site plan shall set forth any other information necessary
for determination of the suitability of the proposed use for the site.
18.Â
The site plan shall show that the measurements from the building
to structures and property line comply with this Section.
[Ord. No. 395, 11-6-2023]
A.Â
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 entertainment business license from the City,
or to operate such business after such license has been revoked or
suspended by the City.
B.Â
It is unlawful for any entertainer, employee or manager to knowingly
perform any work, service or entertainment directly related to the
operation of an unlicensed adult business.
C.Â
It shall be prima facia evidence that any adult business that fails
to have posted, in the manner required by this Section, an adult business
license, has not obtained such a license. In addition, it shall be
prima facia evidence that any entertainer, employee or manager who
performs any service or entertainment in an adult business in which
an adult entertainment license is not posted, in the manner required
by this Section, had knowledge that such business was not licensed.
[Ord. No. 395, 11-6-2023]
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. 395, 11-6-2023]
A.Â
The license year for all fees required under this Chapter shall be
from each July 1 through June 30. The application for a license shall
be accompanied by payment in full of the fee stated in this Section
by certified or cashier's check or money order, and no application
shall be considered complete until such fee is paid.
B.Â
All licenses shall be issued for a specific location and shall be
non-refundable and nontransferable.
C.Â
The classification of licenses and fees for each shall be as follows:
1.Â
Adult business license fee: five hundred dollars ($500.00) per
year.
2.Â
Adult entertainment manager's license fee: two hundred
dollars ($200.00) per year.
3.Â
Adult entertainment license fee: two hundred dollars ($200.00)
per year.
4.Â
Adult entertainment server's license fee: two hundred dollars
($200.00) per year.
[Ord. No. 395, 11-6-2023]
A.Â
Adult Business License.
1.Â
All persons desiring to secure a license to operate an adult
business 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
business. All applications shall be submitted on a form supplied by
the City Clerk and shall require the following information:
a.Â
The name, residence address, home telephone number, occupation,
date and place of birth and social security number of the applicant.
b.Â
The name of the adult business, 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 business will be located.
c.Â
The names, residence addresses, social security numbers and
dates of birth of all partners, if the applicant is a partnership;
and, if the applicant is a corporation, the same information for all
corporate officers and directors and stockholders who own more than
ten percent (10%) or greater interest in the corporation.
d.Â
The 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.
e.Â
A description of the adult entertainment or similar business
history of the applicant, or of all partners, or of all corporate
officers and directors; whether any such person or entity, in previously
operating in this or another City, County or State, has had a business
license revoked or suspended, the reason therefor, and the activity
or occupation subjected to such action, suspension or revocation.
f.Â
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.
g.Â
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 of, or
diverted from prosecution on:
(1)Â
A felony criminal act within five (5) years immediately
preceding the application; or
(2)Â
A misdemeanor criminal act within two (2) years
immediately preceding the application where such felony or misdemeanor
criminal act involved sexual offenses, prostitution, promotion of
prostitution, sexual abuse of a child, pornography or related offenses
as defined in the Missouri Criminal Code, or involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substance Act or other Statutes or ordinances.
|
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.
|
h.Â
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 corporate officers and directors if the
applicant is a corporation.
i.Â
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
j.Â
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.
2.Â
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B.Â
Adult Entertainment Manager, Server Or Entertainer's License.
1.Â
All persons desiring to secure a license under the provisions
of this Section to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. All applicants
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall
be submitted on a form supplied by the City Clerk and shall require
the following information:
a.Â
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.
b.Â
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.
c.Â
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)Â
A felony criminal act within five (5) years immediately
preceding the application; or
(2)Â
A misdemeanor criminal act within two (2) years
immediately preceding the application, where such felony or misdemeanor
criminal act involved sexual offenses, prostitution, promotion of
prostitution, sexual abuse of a child, pornography or related offenses
as defined in the Missouri Criminal Code, or involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substance Act or other Statutes or ordinances.
|
The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics.
|
d.Â
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant.
e.Â
The applicant shall present to the City Clerk who shall copy
documentation that the applicant has attained the age of eighteen
(18) years at the time the application is submitted. Any of the following
shall be accepted as documentation of age:
(1)Â
A motor vehicle operator's license issued
by any State bearing this applicant's photograph and date of
birth;
(2)Â
A State-issued identification card bearing the
applicant's photograph and date of birth;
(3)Â
An official and valid passport issued by the United
States of America;
(4)Â
An immigration card issued by the United States
of America;
(5)Â
Any other form of picture identification issued
by a governmental entity that is deemed reliable by the City Clerk;
or
(6)Â
Any other form of identification deemed reliable
by the City Clerk.
2.Â
Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
C.Â
Application Processing.
1.Â
Upon receipt of a complete application for an adult entertainment
or an adult entertainment 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 Building
Inspector. 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 not later than ten (10) working days from the date the application
is received by the City Clerk. It shall be the duty of the Building
Inspector 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.
2.Â
The Building Inspector shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk. Upon receipt of the
reports from the Chief of Police and the Building Inspector, the City
Clerk shall schedule the application for the consideration by the
Board of Aldermen at the earliest meeting consistent with the notification
requirements established by law, providing the license application
for an adult business and for an adult business manager, server or
entertainer license shall be approved or disapproved within forty-five
(45) days of the date of filing of a completed application with the
City Clerk's office. The applicant shall be notified in writing
of the date when the Board of Aldermen will consider the application.
[Ord. No. 395, 11-6-2023]
A.Â
If the application for an adult business or an adult business manager,
server or entertainer 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 for any person who has not met all the
requirements of this Chapter.
B.Â
The record of the Board of Aldermen shall show the action taken on
the application and, if the license is granted, the Board of Aldermen
shall direct the City Clerk to issue the proper license. The license
shall state that it is not transferable to other persons and the calendar
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.Â
If an application for a license is disapproved, the applicant shall
be immediately notified 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 a manner provided
by law.
[Ord. No. 395, 11-6-2023]
A.Â
No person is eligible nor shall a license be issued to:
1.Â
An adult business applicant if one (1) or more of the following
conditions exist:
a.Â
The applicant failed to supply all of the information requested
on the application.
b.Â
The applicant gave materially false, fraudulent or untruthful
information on the application.
c.Â
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 Board of Aldermen.
d.Â
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 620.110(A)(1)(g)(1) and (2) during the time period set forth in said Section.
e.Â
The applicant has had an adult entertainment license revoked
or suspended in this or any other City during the past five (5) years.
B.Â
An applicant for an adult entertainment manager, server or entertainer
if one (1) or more of the following conditions exist:
1.Â
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.
2.Â
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 620.110(B)(1)(c)(1) and (2) during the time period set forth in said Section.
3.Â
The applicant failed to provide all of the information required
on the application.
4.Â
The applicant gave materially false, fraudulent or untruthful
information on the application.
5.Â
The applicant has had an adult entertainment manager, server
or entertainer license revoked or suspended in this or any other City
during the past five (5) years.
[Ord. No. 395, 11-6-2023]
A.Â
The following standards of conduct shall be adhered to by all adult
business licensees, their employees and all adult business managers,
servers and entertainers and patrons of adult businesses while on
or about the premises of the business:
1.Â
Interior Restrictions.
a.Â
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.Â
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.Â
Age Restriction. Only persons eighteen (18) years of age or
older shall be permitted on the premises of any adult business.
3.Â
Exterior Observation. The premises of all adult businesses will
be so constructed as to include an anteroom, foyer, partition or other
physical barrier on all customer entrances that will ensure 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.Â
Exterior Display. No adult business will be conducted in any
manner that permits the observation of live performers engaged in
an erotic depiction or dance or display of any merchandise, 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.Â
Nudity Prohibited — Exceptions. No employee, server or
entertainer in an adult business shall appear nude, unclothed, in
less than opaque attire or in any fashion that exposes to view any
specified anatomical area.
6.Â
Certain Acts Prohibited.
a.Â
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.Â
No employee, server, entertainer or patron of an adult business
shall knowingly touch, fondle or caress any specified anatomical area
of another person, or knowingly permit another person to touch, fondle
or caress any specified anatomical area of such employee, server,
entertainer or patron, whether such specified anatomical areas are
clothed, unclothed, covered or exposed.
c.Â
No employee, server or entertainer of an adult business shall
be visible from the exterior of the adult business while such person
is unclothed or in such attire, costume or clothing as to expose to
view any specified anatomical area.
d.Â
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)Â
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)Â
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.Â
No owner, operator, manager, or other person in charge of the
premises of an adult entertainment premises shall:
(1)Â
Knowingly permit alcoholic liquor or cereal malt
beverages to be brought upon or consumed on the premises;
(2)Â
Knowingly allow or permit the sale, distribution,
delivery or consumption of any controlled substance or illegal drug
or narcotic on the premises;
(3)Â
Knowingly allow or permit any person under the
age of eighteen (18) years of age to be in or upon the premises;
(4)Â
Knowingly allow or permit any act of prostitution
or patronizing prostitution on the premises; or
(5)Â
Knowingly allow or permit a violation of this Chapter
or any other City ordinance provision or State law.
f.Â
No film or digital recording of adult entertainment performances
shall be permitted by any manager, employee, entertainer, or patron.
g.Â
The premises of any adult business shall not be used for production
of film or digital video recordings of sexual activities.
h.Â
Except for an adult business facility manager or owner, no other
staff or performer shall be allowed to live on the premises and any
living accommodation contained within the premises must meet all City
code requirements for residential occupancy and require a conditional
use permit.
7.Â
Signs Required. All adult businesses shall have conspicuously
displayed in the common area at the principal entrance to the premises
a sign, on which uppercase letters shall be at least two (2) inches
high and lowercase letters at least one (1) inch high, which shall
read as follows:
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This Adult business is Regulated and Licensed by the City of
Jonesburg
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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 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.
| |
|
*
|
Not permitted to be nude, unclothed or in less than opaque attire,
costume, or clothing so as to expose to view any position 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.
| |
|
*
|
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 either
such payment or gratuity into the entertainer's hand.
| |
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CUSTOMERS ARE
| ||
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*
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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 engage in solicitation for prostitution.
| |
8.Â
Lighting Required. The premises of all adult businesses shall
be equipped with overhead lighting of sufficient intensity to illuminate
every place to which customers are permitted access to 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.
9.Â
Closed Booth Or Room Prohibited. The premises of all adult 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.Â
Ventilation And Sanitation Requirements. The premises of all
adult 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.Â
Hours Of Operation. No adult business may be open or in use
between the hours of 1:30 A.M. and 9:00 A.M. on any day other than
a Sunday when the business may not be open between the hours of 1:30
A.M. and 12:00 noon.
[Ord. No. 395, 11-6-2023]
A.Â
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 entertainment facility premises.
B.Â
Every person holding an adult entertainment server, manager or entertainer
license shall post his/her license in his/her work area on the adult
entertainment facility premises so it shall be readily available for
inspection by City authorities responsible for enforcement of this
Chapter.
[Ord. No. 395, 11-6-2023]
A.Â
An adult business manager shall be on duty at any adult business
at all times the premises is open for business. The name of the manager
on duty shall be prominently posted during business hours.
B.Â
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
licenses are prominently posted.
[Ord. No. 395, 11-6-2023]
All adult businesses shall permit representatives of the Police
Department or any other City official acting in their official capacity
to inspect the premises as necessary to ensure the business is complying
with all applicable regulations and laws.
[Ord. No. 395, 11-6-2023]
A.Â
Whenever the City Clerk has information that:
1.Â
The owner or operator of an adult business or a holder of an
adult entertainment manager, server or entertainer license has violated,
or knowingly allowed or permitted the violation of, any of the provisions
of this Chapter;
2.Â
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;
3.Â
The adult business license or the adult entertainment manager,
server or entertainer license was obtained through false statements
in the application for such license or renewal thereof;
4.Â
The adult business licensee or the adult entertainment manager,
server or entertainer licensee failed to make a complete disclosure
of all information in the application for such license or renewal
thereof;
5.Â
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 620.110(A)(1)(g)(1) and (2); or
6.Â
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 620.110(B)(1)(c)(1) and (2),
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then the City Clerk shall make this information known to the
Board of Aldermen, which shall upon five (5) days' written notice
to the person holding the license conduct a public hearing to determine
whether the license should be suspended or revoked. The Board of Aldermen
may pass a resolution setting forth the procedures for the conduct
of such hearings.
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B.Â
Based on the evidence produced at the hearing, the Board of Aldermen
may take any of the following actions:
1.Â
Suspend the license for up to ninety (90) days.
2.Â
Revoke the license for the remainder of the license year.
3.Â
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of this Chapter occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, license will be revoked for the remainder of the
license year.
[Ord. No. 395, 11-6-2023]
A.Â
A license may be renewed by making an application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on June 30 of each calendar year, and renewal applications for such
licenses shall be submitted between June 15 and June 30.
B.Â
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.
[Ord. No. 395, 11-6-2023]
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 exceeding 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.
