[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010; Ord. No. 5485 §1, 8-8-2016]
For the purposes of this Chapter, the following words and phrases
shall have the meanings ascribed to them by this Section:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
money-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are regularly maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are characterized by their emphasis upon matter
exhibiting specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE ADULT VIDEO STORE
A commercial establishment which as one of its principal
business activities offers for sale or rental for any form of consideration
any one or more of the following: books, magazines, periodicals, or
other printed matter, or photographs, films, motion pictures, videocassettes,
compact discs, digital video discs, slides, or other visual representations
which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, juice bar, restaurant, bottle club, or
other commercial establishment which regularly features persons who
appear semi-nude.
ADULT ENTERTAINER
Any person who provides entertainment distinguished or characterized
by an emphasis on the exhibiting of specific sexual activities or
specified anatomical areas, or who appears in a semi-nude condition,
whether or not a fee is charged or accepted.
ADULT MEDIA
Magazines, books, videotapes, movies, slides, compact discs
or other devices used to record computer images, or other media that
are distinguished or characterized by their emphasis on matter depicting,
describing, or relating to hard-core material.
ADULT THEATER
A commercial establishment where films, motion pictures,
videocassettes, slides, or similar photographic reproductions, which
are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas, are regularly shown
to more than five persons for any form of consideration.
CHARACTERIZED BY
Describing the essential character or dominant theme of an
item.
EMPLOY, EMPLOYEE, EMPLOYMENT
Refers to performance of services on the premises of a sexually
oriented business, on a full-time, part-time, or contract basis, whether
or not the person involved is denominated an employee, independent
contractor, agent or otherwise, but excluding a person exclusively
on the premises for repair or maintenance of the premises or for the
delivery of goods to the premises.
GROSS PUBLIC FLOOR AREA
The total interior area accessible or visible to the public,
including showrooms, motion picture theaters, motion picture arcades,
service areas, behind-counter areas, storage areas visible from such
other areas, restrooms (whether or not labeled "public"), areas used
for cabaret or similar shows (including stage areas), plus aisles,
hallways, and entryways serving such areas.
HARD-CORE MATERIAL
Media characterized by sexual activity that includes one
(1) or more of the following: erect male organ; contact of the mouth
of one (1) person with the genitals of another; penetration with a
finger or male organ into any orifice in another person; open female
labia; penetration of a sexually oriented toy or novelty into an orifice;
male ejaculation, or the aftermath of male ejaculation.
INFLUENTIAL INTEREST
Any of the following:
1.
The actual power to operate a business or legal entity or control
the operation, management, or policies of a business or legal entity;
2.
Ownership of a financial interest of thirty percent (30%) or
more of a business or any class of voting securities of a business;
or
3.
Holding an office such as president, vice president, secretary,
treasurer, managing member, or managing director of a business or
legal entity.
MEDIA
Anything printed or written, or any picture, drawing, photograph,
motion picture, film, videotape or videotape production, or pictorial
representation, or any electrical or electronic reproduction of anything
that is or may be used as a means of communication. Media includes
but shall not necessarily be limited to books, newspapers, magazines,
movies, videos, sound recordings, compact discs, other magnetic media,
and undeveloped pictures.
NUDITY or STATE OF NUDITY
The showing of the human genitals, pubic area, vulva, anus,
anal cleft or the female breast with less than a fully opaque fabric
or leather covering of any part of the nipple or areola. Body paint
shall not qualify as fabric or leather.
OPERATOR
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, whether or not an owner
or licensee of the business.
PREMISES
The real property upon which a sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including
but not limited to the sexually oriented business, the grounds, private
walkways, parking lots, and parking garages.
PRINCIPAL BUSINESS ACTIVITY
Exists where the commercial establishment:
1.
Has a substantial portion [as used in this definition, at least
thirty percent (30%)] of its displayed merchandise which consists
of the pertinent items; or
2.
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of the pertinent items; or
3.
Has a substantial portion of the retail value of its displayed
merchandise which consists of the pertinent items; or
4.
Derives a substantial portion of its revenues from the sale
or rental of the pertinent items; or
5.
Maintains a substantial section of its interior business space
for the sale or rental of the pertinent items; or
6.
Maintains an adult arcade.
SADOMASOCHISTIC PRACTICES OR ABUSE
Flagellation or torture by or upon a person, or the conditions
of being fettered, bound, or otherwise physically restrained, as an
act of sexual stimulation or gratification.
SEMI-NUDE MODEL STUDIO
A place where persons regularly appear in a state of semi-nudity
for money or any form of consideration in order to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
other persons, but excluding a modeling class operated by a college,
junior college, or university supported entirely or partially by taxation,
by a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college
or university supported entirely or partially by taxation, or in a
structure which has no sign visible from the exterior of the structure
or other advertising that indicates a semi-nude person is available
for viewing and students must enroll at least three (3) days in advance
to participate in the class.
SEMI-NUDE OR STATE OF SEMI-NUDITY
The showing of the human female breast below a horizontal
line across the top of the areola and extending across the width of
the breast at such point, or the showing of the human male or female
buttocks. Such definition includes the lower portion of the human
female breast, but shall not include any portion of the cleavage of
the human female breasts exhibited by a bikini, dress, blouse, skirt,
leotard, or similar wearing apparel, provided the areola is not exposed
in whole or in part. Coverage by other than opaque fabric or leather
shall still constitute "showing" for purposes hereof, and body paint
shall not qualify as fabric or leather.
SERVER
Any person who serves food or drink at a sexually oriented
business.
SEX SHOP
A commercial establishment offering goods for sale or rent
that meets any of the following tests:
1.
The establishment offers for sale items from any two (2) of
the following categories:
c.
Leather goods marketed or presented in a context to suggest
their use for sadomasochistic practices or abuse; and the combination
of such items constitutes more than ten percent (10%) of its stock
in trade or occupies more than ten percent (10%) of its gross public
floor area.
2.
More than ten percent (10%) of its stock in trade consists of
sexually oriented toys or novelties.
3.
More than ten percent (10%) of its gross public floor area is
devoted to the display of sexually oriented toys or novelties.
SEXUAL ENCOUNTER CENTER
A commercial establishment that, as one of its principal
business activities, offers for any form of consideration physical
contact in the form of wrestling or tumbling between two or more persons
where one (1) or more of the persons is semi-nude.
SEXUALLY ORIENTED BUSINESS
An inclusive term used to describe, individually and collectively,
adult cabaret; adult bookstore; adult video store, adult theater,
semi-nude model studio, sexual encounter center, and/or sex shop as
defined by City ordinance as well as any sexually oriented business
as defined by State law, including Section 573.010, RSMo.
SEXUALLY ORIENTED TOYS OR NOVELTIES
Instruments, devices, or paraphernalia either designed as
representations of human genital organs or female breast, or designed
or marketed primarily for use to stimulate human genital organs, or
for sadomasochistic practices or abuse.
SPECIFIED ANATOMICAL AREAS
1.
Less than completely and opaquely covered (by fabric or leather,
not body paint) human genitals, pubic region, buttock, and female
breast below a point immediately above the top of the areola; and
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Intercourse, oral copulation, masturbation, sodomy, or excretory
functions as a part of or in connection with any of the foregoing.
Human genitals in a state of sexual stimulation or arousal or acts
of human masturbation, sexual intercourse, oral copulation, sodomy,
or fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast, and any related excretory functions, or
any sadomasochistic practices or abuse, or bestiality.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010; Ord. No. 5485 §1, 8-8-2016]
A. It is unlawful for any person to operate a sexually oriented business
at any location in the City at any time without a sexually oriented
business license issued by the City in effect for such business at
such location.
B. It is unlawful for any adult entertainer, employee or manager to
knowingly perform any work, service or entertainment at an unlicensed
sexually oriented business within the City.
C. If a sexually oriented business within the City fails at any time
to have posted on its premises, in the manner required by ordinance,
an effective sexually oriented business license, such failure shall
be prima facie evidence that the business does not have such a license
in effect for such location. In addition, the absence of such a properly
posted effective license shall be prima facie evidence that an adult
entertainer, employee or manager who performs any work, service or
entertainment at the sexually oriented business had knowledge that
such business was not licensed.
D. All required zoning, building and occupancy permits must be separately
applied for and obtained, in addition to the license required by this
Section.
E. No license may be issued under Chapter
600 to a sexually oriented business and no intoxicating liquor shall be sold, served or consumed on the premises of a sexually oriented business.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
It is unlawful for any person to work as an adult entertainer,
server or manager at a sexually oriented business within the City
at any time without an effective license issued by the City.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. The license year for licenses required under this Chapter shall run
from each March 16 to the subsequent March 15.
B. An application for a license under this Chapter shall be accompanied by payment in full of the license tax due under Chapter
605 of the Code of Ordinances and annual inspection fees of three hundred sixty dollars ($360.00), and no application shall be considered complete until such fees have been paid.
C. All licenses under this Chapter shall be issued solely for a specific
person or entity at a specific location and shall be non-refundable
and non-transferable.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. Sexually Oriented Business License Application. Any
person desiring to secure a license to operate a sexually oriented
business within the City shall submit a notarized application to the
Chief of Police. Such application shall be submitted in the name of
the person proposing to conduct or operate the sexually oriented business.
Incomplete applications shall not be processed. All applications shall
be submitted on a form supplied by the City 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 business, a description of the activities to
be performed on the licensed premises and the name of the owner of
the premises to be licensed.
3.
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 or limited liability company,
the same information for all corporate officers and directors, stockholders,
managers or members who own more than ten percent (10%) or greater
interest in the corporation or limited liability company, and for
any other person with an influential interest in the business.
4.
The addresses of the applicant and of all partners or of all
corporate officers, directors, managers, and members and other persons
with an influential interest for the five (5) years immediately prior
to the date of application.
5.
A description of the sexually oriented business history of the
applicant and of all partners or of all corporate officers, directors,
managers, and members and other persons with an influential interest;
and whether any such person or entity, in previously operating such
a business in this City or elsewhere, has had a business license revoked
or suspended, the reason therefor and the activity or occupation subjected
to such action, suspension or revocation.
6.
A statement of the business, occupation or employment history
of the applicant and of all partners, or of all corporate officers
and directors, managers and members and other persons with an influential
interest, for the three (3) years immediately preceding the date of
the application.
7.
A statement from the applicant and from each partner, corporate
officer and director, manager and member, and any other person with
an influential interest in the business that each such person has
not been found guilty of any of the following specified offenses for
which less than eight (8) years has elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is later:
a.
Rape and sexual offenses;
b.
Sexual offenses involving minors;
c.
Offenses involving prostitution;
e.
Offenses involving money laundering;
f.
Offenses involving tax evasion;
g.
Any attempt, solicitation, or conspiracy to commit one of the offenses listed in Subsection
(A)(7)(a) through
(f); or
h.
Any offense committed in another jurisdiction which if committed in Missouri would have constituted an offense listed in Subsection
(A)(7)(a) through
(g).
8.
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, directors,
managers or members if the applicant is a corporation or other entity
and all other persons with an influential interest.
9.
A certificate of good standing issued by the Missouri Secretary
of State, if applicable.
10.
A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and that
the information contained therein is true and correct and that the
applicant has read the provisions of this Chapter regulating sexually
oriented businesses.
B. Adult Entertainment Manager, Server Or Entertainer License. All persons desiring to secure a license under the provisions of
this Chapter to be a manager, server or adult entertainer at a sexually
oriented business shall submit a notarized application to the Chief
of Police. All applicants shall be submitted in the name of the person
proposing to be a manager, server or adult entertainer. Incomplete
applications shall not be processed. All applications shall be submitted
on a form supplied by the City 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.
2.
The name and address of each sexually oriented business within
the City where the applicant intends to work as a manager, server
or adult entertainer and an "intent to hire" statement from a sexually
oriented business that is licensed or that has applied for a license,
under the provisions of this Chapter, indicating the sexually oriented
business intends to hire the applicant to manage, serve or entertain
on its premises.
3.
A statement from the applicant that the applicant has not been
found guilty of any of the following specified offenses for which
less than eight (8) years has elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is later:
a.
Rape and sexual offenses;
b.
Sexual offenses involving minors;
c.
Offenses involving prostitution;
e.
Offenses involving money laundering;
f.
Offenses involving tax evasion;
g.
Any attempt, solicitation, or conspiracy to commit one (1) of the offenses listed in Subsection
(B)(3)(a) through
(f); or
h.
Any offense committed in another jurisdiction which if committed in Missouri would have constituted an offense listed in Subsection
(B)(3)(a) through
(g).
4.
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant.
5.
The applicant shall present to the Police Department which shall
thereupon copy documentation that the applicant has attained the age
of eighteen (18) years at the time the application is submitted. Any
of the following shall be accepted as documentation of age:
a.
A motor vehicle operator's license issued by any State
bearing the applicant's photograph and date of birth;
b.
A State-issued identification card bearing the applicant's
photograph and date of birth;
c.
An official and valid passport issued by the United States of
America;
d.
An immigration card issued by the United States of America;
or
e.
Any other form of identification deemed reliable by the Police
Department.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. Upon receipt of a complete application for a sexually oriented business
license or a manager, server or adult entertainer license, it shall
be the duty of the Chief of Police or his designee to investigate
such application to determine whether the information contained in
the application is accurate and whether the applicant is qualified
to receive the license. The Chief of Police shall report the results
of the investigation to the Finance Director not later than thirty
(30) days from the date the complete application is received. If an
application for a sexually oriented business license or a manager,
server or adult entertainer license is in proper form and accompanied
by the appropriate license fee, and if the applicant is qualified,
the Chief of Police shall recommend issuance of a license by the Finance
Director, who shall then issue the license.
B. The license shall state that it is not transferable and is only in
effect for the period for which it is issued. The license shall be
kept posted in a conspicuous place in the place of business that is
licensed or where the licensee is working, publicly visible upon entry
by means of the main entrance to the premises.
C. If an application for a license is disapproved, the applicant shall
be immediately notified by the Police Chief by certified mail to the
applicant's last known address, and the notification shall state
the basis for such disapproval.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. No person is eligible nor shall a license be issued to:
1.
A sexually oriented business applicant if one (1) or more of
the following conditions exist:
a.
The applicant failed to supply all of the information requested
on the application.
b.
The applicant gave materially false, fraudulent or untruthful
information on the application.
c.
The applicant or any partner, corporate officer, director, manager, and member or person with an influential interest has been found guilty of any of the offenses specified in Section
617.050 for which less than eight (8) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later.
d.
The applicant has had a similar license revoked or suspended
in this or any other political subdivision during the past five (5)
years.
2.
An applicant for a manager, server or adult entertainer license
if one (1) or more of the following conditions exists:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive a sexually oriented business license for any of the reasons stated in Subsection
(A)(1) above.
b.
The applicant has been found guilty of any of the offenses specified in Section
617.050 for which less than eight (8) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is later.
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 similar license revoked or suspended
in this or any other political subdivision during the past five (5)
years.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. The following standards of conduct shall apply to all sexually oriented
businesses, their employees, operators, and all managers, servers
and adult entertainers and the patrons of sexually oriented businesses,
while on or about the premises of the business:
1.
Interior restrictions.
a.
Adult entertainers shall perform at a distance of at least ten
(10) feet away from any patron and shall not touch or be touched (directly
or through clothing) by any patron while performing.
b.
Adult entertainers shall only perform on a fixed stage that
is raised at least two (2) feet above the area on which the patron
or patrons sit or stand, in a room of at least six hundred (600) square
feet of floor area.
c.
No one shall be allowed on a stage during business hours besides
a licensed adult entertainer, nor shall any employee other than a
licensed adult entertainer appear in a semi-nude condition.
2.
Age restriction. Only persons eighteen (18)
years of age or older shall be permitted on the premises of any sexually
oriented business.
3.
Exterior observation. The premises of a sexually
oriented business will be so constructed as to include an anteroom,
foyer, partition or other physical barrier on all customer entrances
and other doors that will assure that the remainder of the interior
of the premises is not observable from the exterior of the building
when doors are opened. In addition, all windows will be covered to
prevent viewing of the interior of the building from the exterior
of the building.
4.
Exterior display. No sexually oriented 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 in this Chapter,
from any exterior source by display, decoration, sign, show window
or other opening.
5.
Nudity prohibited. No employee, server or adult
entertainer or other person at a sexually oriented business shall
appear nude, unclothed, in less than opaque attire (consisting of
fabric or leather, not body paint) or in any fashion that exposes
to view any "specified anatomical area" as defined in this Chapter.
6.
Certain acts prohibited.
a.
No employee, manager, server or adult entertainer shall perform
any "specified sexual activities" as defined in this Chapter, wear
or use any device or covering exposed to view which simulates any
"specified anatomical area" as defined in this Chapter, use artificial
devices or inanimate objects to perform or depict any of the "specified
sexual activities" as defined in this Chapter or participate in any
act of prostitution.
b.
No employee, manager, server, adult entertainer or patron of
a sexually oriented business shall knowingly touch, fondle or caress
any "specified anatomical area" as defined in this Chapter of another
person or knowingly permit another person to touch, fondle or caress
any "specified anatomical area" as defined in this Chapter of such
employee, server, adult entertainer or patron, whether such "specified
anatomical areas" are clothed, unclothed, covered or exposed. No one
in a semi-nude condition shall touch any other person or the clothing
of any other person.
c.
No employee, manager, server or adult entertainer of a sexually
oriented business shall be visible from the exterior of the business
premises while such person is unclothed or in such attire, costume
or clothing as to expose to view any "specified anatomical area" as
defined in this Chapter.
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 or other law, and no adult entertainer shall receive
any payment or gratuity from any customer for any entertainment except
as follows:
(1) While such adult entertainer is on a stage or platform,
a customer or patron may place such payment or gratuity into a box
affixed to the stage or platform; or
(2) While such adult entertainer is not on a stage
or platform and is clothed so as to not expose to view any "specified
anatomical area" as defined in this Chapter, a customer or patron
may place such payment or gratuity into the adult entertainer's
hand.
e.
No owner, operator, manager or other person in charge of the
premises of a sexually oriented business premises shall:
(1) Knowingly permit intoxicating liquor of any type
to be brought upon, sold or consumed on the premises;
(2) Knowingly allow or permit the sale, distribution,
delivery or consumption of any controlled substance or illegal drug
or narcotic on the premises;
(3) Knowingly allow or permit any person under the
age of eighteen (18) years of age to be in or upon the premises;
(4) Knowingly allow or permit any act of prostitution
or patronizing prostitution on the premises; or
(5) Knowingly allow or permit a violation of this Chapter
or any other City ordinance or County, State or Federal law.
7.
Signs required. All sexually oriented businesses
shall have conspicuously displayed in the common area inside the principal
entrance to the premises a sign, on which uppercase letters shall
be at two (2) inches high and lowercase letters shall be 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 CREVE COEUR
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No person shall engage in any type of sexual conduct or prostitution
on the premises or fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any other person or permit any other person
to fondle, caress or touch their breasts, pubic region, buttocks or
genitals.
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No person shall 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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*
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No person shall make or receive any payment or gratuity related
to the performance of an adult entertainer, except as follows:
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While the entertainer is on the stage, by placement of such
payment or gratuity into a box affixed to the stage, or
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While the entertainer is not on the stage but is fully clothed,
by placement of such payment or gratuity into their hand.
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CUSTOMERS ARE NOT PERMITTED TO BE UPON STAGE AT ANY TIME
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8.
Lighting required. The premises of a sexually
oriented business shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers or patrons
are permitted access to an illumination of not less than one (1) footcandle
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 a sexually oriented business shall be physically arranged in such
manner that the entire interior portions of any booths, cubicles,
rooms or stalls are visible from a common area of the premises. Visibility
shall not be blocked or obscured by doors, curtains, drapes or any
other obstruction whatsoever. In addition, all requirements of State
law must be met (see for example Section 573.531.6, RSMo.).
10.
Ventilation and sanitation requirements. The
premises of a sexually oriented business 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.
No adult media shall be displayed in restrooms.
11.
Hours of operation. A sexually oriented business
may only be open for business or in use by customers between 11:00
A.M. and 11:00 P.M. on any day besides a Sunday. A sexually oriented
business shall not be open for business or in use by customers at
any other times.
12.
Breast-feeding. Consistent with Section 191.918,
RSMo., notwithstanding any other provision of this Chapter, a mother
may with discretion breast-feed her child or express breast milk in
any public or private place where the mother is otherwise authorized
to be, and such conduct shall not constitute sexual conduct or sexual
contact or be considered indecent or otherwise prohibited or restricted.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. A licensed manager shall be on duty at a sexually oriented business
at all times the premises is open to the public. The name of the manager
on duty shall be prominently posted so as to be publicly visible upon
entering the main entrance during business hours.
B. It shall be the responsibility of the manager to verify that any
person who works as an adult entertainer or as a server within the
premises possesses a current and valid adult entertainer's license
or server's license and that all required licenses are prominently
posted as required by ordinance.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
All sexually oriented businesses shall permit representatives
of the Police Department or any other City Official acting in their
official capacity to inspect portions of the premises accessible to
the public on a monthly basis to insure the business is complying
with all applicable regulations and laws.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. The Police Chief shall notify the Finance Director whenever the Police
Chief has information that:
1.
The owner or operator of a licensed sexually oriented business
or a holder of a manager, server or adult entertainer license has
violated or knowingly allowed or permitted the violation of any of
the provisions of the City Code; or
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of a sexually oriented business knew or should have known that such
violations were committed; or
3.
A sexually oriented business license or manager, server or adult
entertainer license was obtained through false statements in the application
for such license or renewal thereof; or
4.
A sexually oriented business licensee or a manager, server or
adult 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, member or manager or other person with an influential
interest of an entity holding a sexually oriented business license
has become disqualified from having a license by a conviction as provided
in this Chapter; or
6.
The holder of a manager, server or adult entertainer license
has become disqualified from having a license by a conviction as provided
in this Chapter.
B. Upon receipt of such notice from the Police Chief, the Finance Director
shall conduct a public hearing upon reasonable notice to determine
whether the license should be suspended or revoked. Based on the evidence
produced at the hearing, the Finance Director may take any of the
following actions:
1.
Suspend the license for up to ninety (90) days.
2.
Revoke the license for the remainder of the license year.
3.
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of this Chapter occur during the period of probation. If after a hearing
upon reasonable notice it is determined that another violation has
occurred, the license will be revoked for the remainder of the license
year.
4.
Any action authorized in the City Code not inconsistent with
this Section.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
A. A license may be renewed by making an application for renewal pursuant to Section
617.050 to the Police Chief. Licenses shall expire on March 15 of each calendar year, and renewal applications for such licenses shall be submitted to the Police Chief by the preceding February 15 of each license year to avoid a gap in licensing.
B. Upon timely application and review as provided for a new license,
a license issued under the provisions of this Chapter shall be renewed
by issuance of a new license in the manner provided in this Chapter.
C. If the application for renewal of a license is not made during the
time otherwise provided in the Creve Coeur Municipal Code, a new application
shall be required.
[Ord. No. 5132 §1, 4-26-2010; Ord. No. 5167 §1, 12-13-2010]
Following the entry of an order suspending or revoking a license
issued pursuant to this Chapter or disapproving the application or
renewal application for a license, such licensee or applicant may
seek review in a manner provided by law.