[CC 1985 § 6-58; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. Purpose. It is the purpose of this Chapter
to regulate the display of explicit sexual material and sexually oriented
businesses in order to promote the health, safety, morals, and general
welfare of the citizens of St. James, Missouri, and to establish reasonable
and uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. The provisions of
this Chapter have neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
explicit sexual materials. Similarly, it is not the intent nor effect
of this Chapter to restrict or deny access by adults to explicit sexual
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent or effect of this
Chapter to condone or legitimize the distribution of obscene or offensive
material of a sexual nature.
B. Findings. Based on evidence concerning
the adverse secondary effects of adult uses on communities as outlined
in numerous studies/reports generally available for consideration,
and on findings incorporated in a series of cases as found and included
herein by reference to the ILM Model Ordinance on Sexually Oriented
Business Regulation, the City Council finds that:
1.
Sexually oriented businesses lend
themselves to ancillary unlawful and unhealthy activities that are
presently uncontrolled by the operators of the establishments. Further,
there is no mechanism to make the owners of these establishments responsible
for the activities that occur on their premises.
2.
Employees of certain sexually oriented
businesses engage in higher incidences of certain types of illicit
sexual behavior than employees of other establishments, and that by
offering or providing such locations may thereby create unhealthy
conditions, unless properly regulated.
3.
At least fifty (50) communicable
diseases may be spread by activities occurring in sexually oriented
businesses, including, but not limited to, syphilis, gonorrhea, human
immunodeficiency virus infections (HIV-AIDS), genital herpes, hepatitis
B, non-A, non-B, amebiasis, salmonella infections and shigella infections.
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
4.
The number of cases of syphilis and
other sexually transmitted diseases has been on the rise or remain
at high levels in the United States.
5.
The findings noted above raise substantial
governmental concerns by establishing that sexually oriented businesses
have operational characteristics that should be reasonably regulated
in order to protect the public interest and to address substantial
governmental concerns.
6.
A reasonable licensing procedure
is an appropriate mechanism to place the burden of that reasonable
regulation on the owners and the operators of the sexually oriented
businesses. Further, such a licensing procedure will place an incentive
on the operators to see that the sexually oriented business is managed
in a way consistent with the health, safety, and welfare of its patrons
and employees, as well as the general public. It is appropriate to
require reasonable assurances that the licensee is the actual operator
of the sexually oriented business, fully in possession and control
of the premises and activities occurring therein.
7.
Removal of doors on adult booths
and requiring sufficient lighting on premises with adult booths advances
a substantial governmental interest in curbing the illegal and unsanitary
sexual activity occurring in adult theaters.
8.
Requiring licensees of sexually oriented
businesses to keep information regarding current employees and past
employees will help reduce the incidence of certain types of criminal
behavior by facilitating the identification of potential witnesses
or suspects and by preventing minors from working in such establishments.
9.
The disclosure of certain information
by those persons ultimately responsible for the day-to-day operation
and maintenance of the sexually oriented business, where such information
is substantially related to the significant governmental interest
in the operation of such uses, will aid in preventing the spread of
sexually transmitted diseases.
10.
In the prevention of the spread of
communicable diseases, it is desirable to obtain a limited amount
of information regarding certain employees who may engage in conduct
that this Chapter is designed to prevent, or who are likely to be
witnesses to such conduct.
11.
The fact that an applicant for an
adult use license has been convicted of a sexually related crime leads
to the rational assumption that the applicant may engage in that conduct
in contravention of this Chapter.
12.
The barring of such individuals from
the management of adult uses serves as a deterrent to, and prevents
conduct that leads to the transmission of sexually transmitted diseases.
13.
The general welfare, health, morals,
and safety of the citizens of St. James, Missouri, will be promoted
by the enactment of this Chapter.
[CC 1985 § 6-59; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
Words and phrases contained in this
Chapter shall be deemed to have certain meanings, as follows:
ADULT ENTERTAINMENT
Any live or recorded exhibition, performance, display or
dance of any type, including but not limited to, talking, singing,
reading, listening, posing, massaging, serving food or beverages,
soliciting for the sale of food, beverages or entertainment, pantomiming,
modeling, removal of clothing, or any service offered for amusement
on a premises where such exhibition, performance, display or dance
is intended to seek to arouse or excite the sexual desires of the
entertainer, other entertainers or patrons, or if the entertainment
involves a person who is nude or in such attire, costume or clothing
as to expose to view any portion of the human genitals, pubic region,
vulva, pubic hair, buttocks, female breast or breasts below a point
immediately above the top of the areola or nipple or the human male
genitals in a discernibly erect state, even if completely and opaquely
covered, to include, but not limited to establishments commonly known
as gentlemen's clubs, juice bars, and adult book stores, etc.
DISPLAY
1.
To expose in whole or in part; or
2.
To permit an unfolding, viewing or
examination.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
EXPLICIT SEXUAL MATERIAL
1.
Any picture, photograph, or other
pictorial representation that depicts actual or simulated "specified
sexual activities"; or
2.
Any portion of a book, magazine,
newspaper or other printed or written material; or any videotape,
DVD, or any other recorded medium whose content is made up in whole
or in dominant part of depictions or descriptions of "specified sexual
activities" or "specified anatomical areas."
KNOWINGLY
Having knowledge of the character and content of any material
described herein or failure on notice to exercise reasonable inspection,
which would disclose the content and character of the same.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
MATERIAL
Any book, magazine, or other printed or written material,
or any picture, drawing, photograph, videotape, or other pictorial
representation, figure, object or article.
OPERATOR
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
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.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in revealing or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
SERVER
Any person who serves food or drink at an adult entertainment
business.
SEXUALLY ORIENTED BUSINESS
Any business enterprise that:
1.
Has as a regular and substantial
business purpose the sale, display or rental of goods that are designed
for use in connection with "specified sexual activities," or that
emphasize matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas"; or
2.
Has one (1) of the following as a
regular and substantial business purposes: the providing of entertainment
where the emphasis is on performances, live or otherwise, that depict,
portray, exhibit or display "specified anatomical areas" or "specified
sexual activities"; or the providing of services that provide "specified
sexual activities" or "specified anatomical areas" ancillary to other
pursuits, or allow participation in "specified sexual activities"
ancillary to other pursuits;
3.
The definition of "sexually oriented
business" also includes, but is not limited to, any and all of the
following as defined herein:
a.
ADULT ENTERTAINMENT BUSINESSAny establishment to which the general public, patrons or members are invited or admitted and wherein an entertainer provides "adult entertainment," as defined herein. These establishments include, but are not limited to, adult theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlors, and body painting studios.
b.
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, videotapes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and rents room accommodations for less than six (6) hours at a time.
c.
ADULT MOTION PICTURE THEATERAn establishment containing a room that seats facing a screen or projection areas, where a regular and substantial portion of its business is the exhibition to customers of films, videotapes, or other such devices that are intended to provide sexual stimulation or sexual gratification to the customers and that are distinguished by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
d.
ADULT RETAIL ESTABLISHMENTSAn establishment that has as a regular and substantial business purpose, offers for sale or rent, any one (1) or more of the following: instruments, devices, gifts, or paraphernalia that are designed for use in connection with "specified sexual activities" or clothing that graphically depicts "specified anatomical areas" or any materials, such as printed materials, photographs, slides, films, videotapes or DVDs, sold or rented in an adult bookstore, adult news rack, or adult newsstand that are characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
e.
BATHHOUSEAn 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."
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 or nipple, or
any combination of the foregoing; or
2.
Human male genitals in a discernible
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 or apparent sexual stimulation or gratification,
as such terms are defined in Chapter 573, RSMo., Pornography and Related
Offenses.
SUBSTANTIAL BUSINESS PURPOSE
1.
Ten percent (10%) or more of the
gross floor area 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.
[CC 1985 § 6-60; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. A person
commits the offense of public display of explicit sexual material
if he or she recklessly:
1. Exposes, places, exhibits, or in any fashion displays explicit sexual
material in any location, whether public or private, and in such a
manner that it may be readily seen and its content or character distinguished
by normal unaided vision as viewed from a street, highway, public
sidewalk, or the property of others, or from any portion of the person's
store, the exhibitor's store or property when items and material other
than this material are offered for sale or rent to the public; or
2. Fails to take prompt action to remove such a display from property
in his or her possession after learning of its existence.
B. The
offense of public display of explicit sexual material is an ordinance
violation.
C. For
purposes of this Section, each day there is a violation of this Section
shall constitute a separate offense.
[CC 1985 § 6-61; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. It shall be unlawful for any person to
operate or maintain a sexually oriented business in the City unless
the owner, operator or lessee thereof has obtained an adult entertainment
business license from the City, or to operate such business after
such license has been revoked or suspended by the City.
B. It shall be unlawful for any person to
knowingly work as an entertainer, server or manager at a sexually
oriented business unless said business is licensed in the City.
C. It shall be prima facia evidence that any
sexually oriented business that fails to post the required adult entertainment
business license in the manner prescribed herein shall be operating
unlawfully. In addition, it shall be prima facia evidence that any
entertainer, employee or manager who performs any service or entertainment
in a sexually oriented business in which an adult business license
is not posted as specified herein shall have knowledge that such business
is not licensed.
D. Any licensed sexually oriented business
shall be deemed to have consented to a periodic inspection of the
business premises by appropriate City officials. This inspection shall
take place during hours when such sexually oriented business is open
to the public, unless otherwise requested by the sexually oriented
business, and shall not unreasonably interfere with the conduct of
such business.
[CC 1985 § 6-62; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. It is unlawful for any person to work as
an entertainer, server or manager at a sexually oriented business
without first obtaining a license to do so from the City, or to work
as an entertainer, server or manager at a sexually oriented business
after such person's license to do so has been revoked or suspended.
B. The license year for all fees required
under this Chapter shall be from January 1 through December 31.
1.
The classification of licenses and
fees for each shall be as follows:
a.
Adult entertainment business license
fee is five hundred dollars ($500.00) per year.
b.
Adult entertainment manager's license
fee is fifty dollars ($50.00) per year.
c.
Adult entertainer's license fee is
twenty dollars ($20.00) per year.
d.
Adult entertainment server's license
fee is twenty dollars ($20.00) per year.
2.
Fees shall be paid by certified/cashier
check or money order. The application is not complete until the fee
is paid. Licenses are for specific locations as indicated on the license
and are non-transferable. Any change in the type of sexually oriented
business shall invalidate the adult business license. No more than
one (1) sexually oriented business may occupy a business premises
at one (1) time.
[CC 1985 § 6-63; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. A prospective licensee (owner, server,
entertainer or manager) shall provide a notarized application to the
St. James Police Department and Collector of the City of St. James
with his or her name, address (mailing and residence), phone number,
principal occupation, recent photograph [two (2) inches by three (3)
inches, color], date of birth, place of birth, driver's license, social
security number, signed permission for FBI check and similar information
for all partners or stockholders in the venture, as well as a description
of the proposed business.
B. A statement from the applicant that the
applicant has not been convicted of, released from confinement for
conviction of, or diverted from prosecution on:
1.
A felony criminal act within five
(5) years immediately preceding the application, or a misdemeanor
criminal act within two (2) years immediately preceding the application
where such felony or misdemeanor criminal act involved sexual offenses,
prostitution, sexual abuse of a child, pornography or related offenses
as defined in the Missouri Criminal Code, or involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substances Act or other Statutes or ordinances.
2.
Upon submission of each such application,
the Police Department shall review the information contained therein
and verify the qualifications of the applicant. The City Council shall,
within forty-five (45) days, consider the application at a regular
session. The applicant shall be present in person at the meeting when
said application is considered by the City Council. If the application
meets all the requirements as set forth in this Chapter, the City
Council may issue a license for operation of the sexually oriented
business. Those opposing such a license could present objections at
this time. Granting the license requires a super majority vote.
C. No person is eligible nor shall a license
be issued to a sexually oriented business applicant if one (1) or
more of the following conditions exist:
1.
The applicant's premises is located
within seven hundred fifty (750) feet of a school, church, hospital,
City park, or licensed child care center or property zoned for residential
use as measured in a straight line of the property boundary.
2.
The applicant's premises is located
within one thousand (1,000) feet of any other sexually oriented business
for which there is a license issued.
3.
The applicant failed to supply all
of the information requested on the application.
4.
The applicant gave material false,
fraudulent or untruthful information on the application.
5.
The applicant's proposed business
premises does not comply with or meet the requirement of the applicable
health, zoning, building code, fire and property maintenance ordinances
of the City of St. James.
6.
The applicant has been convicted,
released from incarceration for conviction, or diverted on any of
the crimes set forth in this Section.
7.
The applicant has had an adult entertainment
license revoked or suspended in this City or any other city or county
during the past five (5) years.
8.
The facility 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 business activities shall take place outside
the sexually oriented business visible from the exterior.
9.
The facility in which such a use
is located shall be limited to one (1) wall-mounted advertising sign
no greater than one (1) square foot of sign per linear foot of wall
length, not to exceed a total of fifty (50) square feet; said sign
shall not flash, blink or move by mechanical means and shall not extend
above the roof line of the building. Further, no merchandise or pictures
of products or entertainment on the premises shall be displayed in
window areas or any area where such merchandise or pictures can be
viewed from the sidewalk in front of the building. No flashing lights
and/or lighting that leaves the impression of motion or movement shall
be permitted.
10.
Lighting in the parking area must
provide a minimum light level of twenty-five hundredths (0.25) footcandles
over the entire parking area, but in no point shall the light level
exceed three (3) footcandles, nor shall any increase in light levels
or visible glare be permitted at the lot line. The interior premises
of sexually oriented businesses must be equipped with overhead lighting
of sufficient intensity to illuminate every place to which customers
are permitted access at an illumination of not less than one (1) 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.
11.
No owner, operator, manager or other
person in charge of the premises of a sexually oriented business premises
shall:
a.
Knowingly permit alcoholic liquor
or cereal malt beverages to be brought upon or consumed on the premises;
b.
Knowingly allow or permit the sale,
distribution, delivery or consumption of any controlled substance
or illegal drug or narcotic on the premises;
c.
Knowingly allow or permit any person
under the age of eighteen (18) years of age to be in or upon the premises
in any capacity as entertainer, server or customer;
d.
Knowingly allow or permit any act
of prostitution or patronizing prostitution on the premises; or
e.
Knowingly allow or permit a violation
of this Chapter or any other City ordinance provision or State law.
12.
Hours of operation shall not exceed
10:00 A.M. to 1:00 A.M.
[CC 1985 § 6-64; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. Upon receipt of a complete application
for an adult entertainment business license, the Deputy City Collector
shall transmit one (1) copy of the application to the Police Department
for investigation of the application and one (1) copy to the Code
Administrator.
B. It shall be the duty of the Police Chief
or a designee to investigate the application to determine whether
the information contained therein is accurate and whether the applicant
has qualified to be issued the license. The results of this investigation
shall be forwarded to the Deputy City Collector no later than ten
(10) working days from the application date.
C. It shall be the duty of the Code Administrator
to determine compliance with the requirements of this Chapter and
the applicable health, zoning, building code, fire and property of
the City. The Code Administrator shall provide his/her report to the
Deputy City Collector within ten (10) working days from the application
date.
D. Upon receipt of these reports, the Deputy
City Collector shall either issue or deny the license; the license
applications for sexually oriented businesses, entertainers, servers,
and managers shall be approved or disapproved within forty-five (45)
days from the filing date. If the license is disapproved, the applicant
shall be notified in writing by certified mail to the applicant's
last known address, and the notification shall state the basis for
disapproval.
[CC 1985 § 6-65; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. The following standards of conduct shall
be used by all adult entertainment business licensees, then employees
and all sexually oriented business managers, servers and entertainers
and patrons of sexually oriented businesses while on or about the
premises of the establishment:
1.
Any manager, server or entertainer
issued a license by the City under the provisions of this Chapter
shall at all times while working in a sexually oriented business have
in their possession a valid identification card issued by the City,
bearing the permit number, the signature of the City Clerk, individual's
name, age, weight, eye color, and height. Such card shall be laminated
to prevent alteration.
2.
No manager, employee, server, entertainer
or patron in a sexually oriented business, other than a licensed bathhouse,
shall appear nude, unclothed, in less than opaque attire or in any
fashion that exposes to view any "specified anatomical area."
3.
No manager, employer, server, entertainer
or patron of a sexually oriented business shall perform any "specified
sexual activities," wear or use any device or covering exposing to
view an image that simulates any "specified anatomical areas," use
artificial devices or other objects to perform or depict any "specified
sexual activities," or participate in any act of prostitution.
4.
No manager, employee, server, entertainer
or patron of a sexually oriented business shall knowingly touch, fondle
or caress any "specified anatomical area" of another person, whether
such "specified anatomical area" is clothed, unclothed, covered or
exposed to view.
5.
A manager shall be on duty at all
times on the premises when the sexually oriented business is open.
The manager shall verify that any person who provides adult entertainment
or works as a server possesses a current and valid adult entertainment
license. It shall also be the manager's duty to insure that no person
under the age of eighteen (18) enters the premises.
[CC 1985 § 6-66; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
The premises of all sexually oriented
businesses shall be kept in a sanitary condition. Separate dressing
rooms and restrooms for men and women shall at all times be maintained
and kept in a sanitary condition.
[CC 1985 § 6-67; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. Performances shall always take place on
a stage of at least twenty-four (24) inches above the floor level
of the audience. Entertainers shall be at least ten (10) feet from
customers and shall not touch customers or be touched by customers.
Customers shall not be permitted on the stage at any time. No entertainer
shall be permitted to demand or collect any payment or gratuity from
any employee or patron of the sexually oriented business.
B. The premises of all sexually oriented businesses
shall be physically arranged so that the entire interior portion of
any booths, cubicles, room or stalls are visible from a common area.
The use of video cameras to meet this requirement is not allowed.
Visibility shall not be blocked or obscured by doors, curtains, drapes
or any other obstruction. The manager shall be required to position
himself/herself so as to be able to view the entire interior portion
of the premises while on duty.
[CC 1985 § 6-68; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
A. Every person, corporation, partnership,
or association licensed under this Chapter as a sexually oriented
business shall post such license in a conspicuous place and manner
on the premises of the business.
B. Any person found to be in violation of
any provision of this Code, though he/she may have been previously
issued a license as provided herein, shall have his/her license revoked
immediately forthwith. Prior to revocation, said licensee shall have
notice of said violations, and the matter of revocation shall be placed
before the next regularly scheduled meeting of the City Council for
hearing. Should the City Council find said violations did occur, and
upon motion of the City Council after hearing, the revocation shall
be issued from the City Clerk, all licenses previously issued surrendered
for a period of one (1) year unless the City Council may by motion
direct a shorter time.
[CC 1985 § 6-69; Ord. No. 783, 8-4-2003; Ord. No. 786, 9-2-2003]
All sexually oriented businesses
shall have conspicuously displayed in the common area at the entrance
to the premises a sign of which uppercase letters shall be at least
two (2) inches high and lowercase letters at least one (1) inch high,
which reads as follows:
THIS SEXUALLY ORIENTED BUSINESS
IS REGULATED AND LICENSED BY THE CITY OF ST. JAMES, MISSOURI
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ENTERTAINERS ARE:
|
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 portion of the breasts below the top of the areola, or
any portion of the pubic region, buttocks and or genitals.
|
Not permitted to demand or collect
any payment or gratuity from any patron for entertainment.
|
Not permitted to perform, except
on a stage of at least twenty 24 inches above the floor level of the
audience and to maintain at least a 10-foot separation from any patron
at all times while performing.
|
PATRONS ARE:
|
Not permitted to be upon the stage
at any time.
|
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.
|
Not permitted to offer or tender
any payment or gratuity to any employee, server or entertainer for
entertainment.
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