[R.O. 1997 § 645.010; Ord. No. 2201 § 7, 8-8-2016]
A.
INFLUENTIAL INTEREST
1.
2.
3.
The terms used in this Chapter shall have the meaning set forth in Section 415.590 of the Municipal Code, except as otherwise defined in this Section:
Includes any of the following:
The actual power to operate a sexually
oriented business or control the operation, management, or policies
of a sexually oriented business or legal entity which operates a sexually
oriented business;
Ownership of a financial interest
of thirty percent (30%) or more of a business or of any class of voting
securities of a business; or
Holding an office, such as president,
vice president, secretary, treasurer, managing member, or managing
director, in a legal entity which operates a sexually oriented business.
B.
License Required And Posting Of Licenses.
1.
It shall be unlawful for any person
to operate or maintain a sexually oriented business within the City
without a license or to operate such establishment after such license
has been revoked, suspended or expired.
2.
It shall be unlawful for any employee
to knowingly perform any work, service or entertainment directly related
to the operation of a sexually oriented business that does not have
a sexually oriented business license or which had such license revoked
or suspended.
3.
Every sexually oriented business,
manager, or entertainer required to be licensed by this Chapter shall
post such license in a conspicuous place on the licensed premises
so it is readily available for inspection by City authorities responsible
for enforcement of this Chapter.
C.
License, Classification And Fees.
1.
The license year for all fees required
under this Chapter shall be from 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 check, cashier's check or money order;
and no application shall be considered until such fee is paid.
2.
The classification of licenses and
fees for each shall be as follows:
a.
Sexually oriented business license
fee, one thousand dollars ($1,000.00) for initial application; five
hundred dollars ($500.00) for renewal;
b.
Sexually oriented business manager's
license fee, two hundred fifty dollars ($250.00) for initial application;
one hundred twenty-five dollars ($125.00) for renewal;
c.
Sexually oriented business entertainer's
license fee, two hundred fifty dollars ($250.00) for initial application,
one hundred twenty-five dollars ($125.00) for renewal.
[R.O. 1997 § 645.020; Ord. No. 2201 § 7, 8-8-2016]
A.
Sexually Oriented Business License. An
application for a sexually oriented business license shall be submitted
on a form obtained from the City Clerk. A notarized application shall
be submitted in the name of the person proposing to operate the sexually
oriented business. All applications shall contain the following information:
1.
The business name, address and telephone
number of the establishment, a description of the sexually oriented
business and the name or names of the owner(s) of the premises where
the sexually oriented business will be located.
2.
The name, address, home telephone
number, occupation, social security number, date and place of birth
and social security number of all persons with an influential interest
in the sexually oriented business.
3.
The addresses of all persons with
an influential interest in the sexually oriented business for the
five (5) years immediately prior to the date of the application.
4.
A description of the sexually oriented
business and similar business history of all persons with an influential
interest in the sexually oriented business in the City, or any other
City, County or State, and whether any such person has had a business
license revoked or suspended, the reason therefor and the activity
or occupation subjected to such suspension or revocation.
5.
A statement of each and every business,
occupation or employment of all persons with an influential interest
in the sexually oriented business for the three (3) years immediately
preceding the date of the application.
6.
A statement from all persons with
an influential interest in the sexually oriented business that each
such person has not been convicted of, released from confinement for
conviction of, or diverted from prosecution on:
a.
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:
(1)
Rape and sexual assault
offenses;
(2)
Sexual offenses involving
minors;
(3)
Offenses involving prostitution;
(4)
Obscenity offenses;
(5)
Offenses involving money
laundering;
(6)
Offenses involving tax
evasion;
(7)
Any attempt, solicitation, or conspiracy to commit one (1) of the offenses listed in Subsection (A)(6)(a)(1) to (6) of this Subsection; or
(8)
Any offense committed in another jurisdiction which if committed in this State would have constituted an offense listed in Subsection (A)(6)(a)(1) to (7) of this Subsection.
b.
The statement shall also indicate
that the persons with an influential interest in the sexually oriented
business have 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 the sale of controlled substances or illegal drugs or narcotics.
7.
A full set of fingerprints and a
photograph, to be taken by the Police Department, of all persons with
an influential interest in the sexually oriented business.
8.
If applicable, proof that the applicant
is in good standing with the Missouri Secretary of State.
9.
A statement signed under oath that
the applicant has personal knowledge of the information contained
within the application and that the information contained therein
is true and correct and that the applicant has read the provision
of this Chapter.
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Failure to provide the information
and documentation required by this Subsection shall constitute an
incomplete application which shall not be processed.
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B.
Sexually Oriented Business Manager Or Entertainer's
License. An application for a sexually oriented business manager or
entertainer license for work at a sexually oriented business in the
City shall be submitted on a form obtained from the City Clerk. A
notarized application shall be submitted in the name of the person
proposing to be a sexually oriented business manager or entertainer.
All applications shall contain the following information:
1.
The home telephone number, occupation,
date and place of birth and social security number of the applicant.
2.
The business name, address and telephone
number of the business where the applicant intends to work and intent
to hire statement from the sexually oriented business that is licensed
or that has applied for a license under the provisions of this Chapter.
3.
A statement from the applicant that
the applicant has not been convicted of, released from confinement
of, or diverted from prosecution on:
a.
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:
(1)
Rape and sexual assault
offenses;
(2)
Sexual offenses involving
minors;
(3)
Offenses involving prostitution;
(4)
Obscenity offenses;
(5)
Offenses involving money
laundering;
(6)
Offenses involving tax
evasion;
(7)
Any attempt, solicitation, or conspiracy to commit one (1) of the offenses listed in Subsection (B)(3)(a)(1) to (6) of this Subsection; or
(8)
Any offense committed in another jurisdiction which if committed in this State would have constituted an offense listed in Subsection (B)(3)(a)(1) to (7) of this Subsection.
4.
Documentation that the applicant
has attained the age of eighteen (18) years at the time the application
is submitted.
5.
A full set of fingerprints and a
photograph of the applicant to be taken by the Police Department.
6.
A statement signed under oath that
the applicant has personal knowledge of the information contained
within the application and that the information contained therein
is true and correct and that the applicant has read the provisions
of this Chapter.
|
Failure to provide the information
and documentation required by this Subsection shall constitute an
incomplete application which shall not be processed.
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[R.O. 1997 § 645.030; Ord. No. 2201 § 7, 8-8-2016]
Upon submission of a complete application
for a sexually oriented business license or a sexually oriented business
manager or entertainer license, the City Clerk will transmit one (1)
copy of the application to the Police Chief and one (1) copy to the
Director of Planning. The Police Department shall review the information
contained therein, perform a background check and verify the qualification
of the applicant. Additionally, the Director of Planning will determine
whether the structure of the sexually oriented business complies with
the requirements and meets the standards of the applicable health,
zoning, building, fire and property maintenance ordinances of the
City. The Police Department and the Director of Planning shall report
results to the City Clerk no later than fifteen (15) working days
from the date the completed application is received by the City Clerk.
[R.O. 1997 § 645.040; Ord. No. 2201 § 7, 8-8-2016]
A.
Examination Of Application — Issuance
Of License.
1.
If the application for a license
of a sexually oriented business or for a manager or entertainer of
a sexually oriented business is in proper form, accompanied by the
appropriate license fee, the City Clerk shall examine the application.
If after such examination the City Clerk determines that the applicant
has met the requirements of the Police Department and the Director
of Planning and has met all requirements set forth in this Chapter,
the City Clerk will approve the license. The City Clerk must provide
the applicant with a response within sixty (60) days of the submission
of the completed application for the sexually oriented business or
a license for a manager or entertainer of a sexually oriented business.
No incomplete application will be processed.
2.
If an application for a license is
not approved, the applicant shall be immediately notified by registered
or certified mail to the applicant's last known address and the notification
shall state the bases for such disapproval. Any applicant aggrieved
by the disapproval of a license application may seek judicial review
in a manner provided by law.
3.
The license, if granted, shall state
on its face the name of the person or persons to whom it is granted,
the expiration date and the address of the sexually oriented business.
4.
A single license will authorize the
operation of only one (1) sexually oriented business; more than one
(1) business use within a licensed sexually oriented business premises
is prohibited.
5.
No person is eligible nor shall licenses
be issued to a sexually oriented business or manager or entertainer
if the applicant does not meet the requirements set forth in this
Chapter or if one (1) of the following requirements is not met:
a.
The applicant failed to supply all
of the information requested on the application;
b.
The applicant gave false, fraudulent
or untruthful information on the application;
c.
The applicant's proposed sexually
oriented business does not comply with or meet the ordinances of the
City, provided, that upon a showing that the premises meet said requirements
and that the applicant is otherwise qualified, the application shall
be eligible for reconsideration by the City.
d.
The applicant has been convicted,
released from incarceration for conviction or diverted on any of the
crimes set forth in this Chapter during the time period set forth
in this Section.
e.
The applicant or applicant's spouse
has had any license relating to a sexually oriented business revoked
or suspended in this or any other City during the past five (5) years.
B.
Renewal Of A Sexually Oriented Business
License Or A License For A Manager Or Entertainer Of A Sexually Oriented
Business.
1.
A sexually oriented business license
or a license for a manager or entertainer of a sexually oriented business
may be renewed by making application to the City Clerk on the application
forms provided. Such licenses shall expire on June 30 of each year
and renewal application for such licenses shall be submitted by June
1 of each year.
2.
Upon payment of the license fee and review of the application by the City Clerk, the City Clerk shall renew the license for an additional license year if conditions under which the original license was issued have not changed. If the application for renewal of a license is not made during the time provided in Subsection (B)(1) of this Subsection, a new application shall be required.
3.
A license will not be renewed if
the applicant is overdue in the payment to the City of taxes, fees,
fines or penalties assessed against the business or imposed upon the
business in relation to the sexually oriented business.
[R.O. 1997 § 645.050; Ord. No. 2201 § 7, 8-8-2016]
A.
Transferability — Revocation And/Or
Suspension Of License.
1.
Licenses issued under this Chapter
shall not be transferable, either to any person, persons or other
entities.
2.
The City Clerk may suspend a license for a period not to exceed thirty (30) days upon a determination that a licensee or employee has violated any part of this Chapter or Section 415.590. Said suspension shall be issued, in writing, mailed by certified mail, return receipt requested, to the licensee at the address of the establishment or at the home of the licensee or served by process server at the usual place of abode of the licensee or at the address of the establishment. If a suspension is issued for a correctable violation, said suspension shall be terminated upon verification by inspection that the correction has been made which shall be determined no later than forty-eight (48) hours after receipt of written notice of correction by the City Clerk.
3.
The City Clerk shall revoke any license
where any of the following occur:
a.
The sexually oriented business license
or the sexually oriented business manager or entertainer license was
obtained through false statements in the application for such license
or renewal thereof; or
b.
The sexually oriented business license
or sexually oriented business manager or entertainer licensee failed
to make a complete disclosure of all information required in the application
for such license or renewal thereof; or
c.
All persons with an influential interest
in the licensed sexually oriented business or any licensed manager
or entertainer has become disqualified from having a license under
this Chapter; or
d.
All persons with an influential interest
in the licensed sexually oriented business or any licensed manager
or entertainer has been convicted of two (2) or more violations of
this Chapter within a license year.
B.
Appeal From Denial, Suspension Or Revocation
Of License. An applicant who has been denied either an initial license
or a renewal license or whose license has been suspended or revoked
may appeal the City Clerk's decision by filing a written notice of
appeal to the City Council within ten (10) days of the City Clerk's
decision. The City Council shall schedule a public hearing of such
appeal within twenty-one (21) days of filing of the written notice
of appeal. The City Council shall affirm the decision of the City
Clerk if it finds that the conditions pertinent to issuance or maintenance
of a license have not been met. An applicant aggrieved by any decision
shall have the right to seek judicial review as is permitted by applicable
State law.
[R.O. 1997 § 645.060; Ord. No. 2201 § 7, 8-8-2016]
A.
Manager Responsibility.
1.
At least one (1) licensed sexually
oriented business manager shall be on duty during all hours of operation
of a sexually oriented business. The name and license number of the
manager on duty shall be prominently posted on the premises at all
times.
2.
It shall be the responsibility of
the manager on duty to verify that any employee who provides adult
entertainment within the premises possesses a current and valid entertainer's
license issued by the City.
3.
It shall be the responsibility of
the manager to ensure all standards and obligations of the license
are maintained.
4.
The licensed sexually oriented business
must notify the City within seventy-two (72) hours of the termination
or resignation of any licensed manager.
B.
Unlawful Activities.
1.
No person shall knowingly or intentionally,
in a sexually oriented business, appear in a state of nudity.
2.
No employee shall knowingly or intentionally,
in a sexually oriented business, appear in a seminude condition unless
the employee, while seminude, shall be and remain on a fixed stage
at least six (6) feet from all patrons and at least eighteen (18)
inches from the floor in a room of at least six hundred (600) square
feet.
3.
No employee, who appears in a seminude
condition in a sexually oriented business, shall knowingly or intentionally
touch a patron or the clothing of a patron in a sexually oriented
business.
4.
No employee shall perform any specified
sexual activities, engage in sexual conduct, wear or use any device
or covering exposed to view which simulates any specified anatomical
area, or participate in any act of prostitution.
5.
No employee shall solicit, demand
or receive any payment or gratuity from any patron or customer for
any act prohibited by this Section.
6.
It is unlawful for an employee to
be visible from the exterior of the sexually oriented business while
such person is in a state of nudity or seminudity.
7.
It is unlawful to operate a sexually
oriented business in a manner that permits the observation of employees
in a state of nudity or seminudity from the exterior of the sexually
oriented business by display, decoration, sign, show window or other
opening.
C.
Regulation Of Mainstream Media Outlets.
1.
In all mainstream media outlets,
all sexually oriented materials shall be kept in a separate room or
section of the outlet that:
a.
Is not open to any child;
b.
Is physically and visually separated
from the rest of the outlet by an opaque wall of durable material,
reaching at least eight (8) feet high or to the ceiling, whichever
is less;
c.
Is located so that the entrance to
it is as far as reasonably practical from media or other inventory
in the store advertised for sale to children;
d.
Has access controlled by electronic
or other means to provide assurance that children will not gain admission;
e.
Has continuous video or window surveillance
by store personnel; and
f.
Has signage at the entrance stipulating
that children are not permitted inside the room or section.
2.
Media outlets that contain less than
ten percent (10%) of the stock-in-trade which involves sexually oriented
materials are not regulated by this Subsection. However, no obscene
material may be publicly displayed in such media outlets.
D.
Operational Criteria.
1.
No sexually oriented business may
be open or in use between the hours of 12:00 Midnight and 10:00 A.M.
on any day.
2.
No operator, manager or employee
shall knowingly allow a person under eighteen (18) years on the premises
of a sexually oriented business.
3.
A sexually oriented business, which
exhibits sexually oriented materials on the premises through any mechanical
or electronic image-producing device, shall comply with the following
requirements:
a.
The interior of the premises shall
be configured in such a manner that there is an unobstructed view
from an operator's station of every area of the premises, including
the interior of each viewing room but excluding restrooms, to which
any patron is permitted access for any purpose;
b.
An operator's station shall not exceed
thirty-two (32) square feet of floor area;
c.
If the premises has two (2) or more
operator's stations designated, the interior of the premises shall
be configured in such a manner that there is an unobstructed view
of each area of the premises to which any patron is permitted access
for any purpose from at least one (1) of the operator's stations;
d.
The view required under this Subsection
shall be by direct line of sight from the operator's station;
e.
It is the duty of the operator to
ensure that at least one (1) employee is on duty and situated in an
operator's station at all times that any patron is on the portion
of the premises monitored by such operator station; and
f.
It shall be the duty of the operator
and of any employees present on the premises to ensure that the view
area specified in this Subsection remains unobstructed by any doors,
curtains, walls, merchandise, display racks, or other materials or
enclosures at all times that any patron is present on the premises.
4.
Ventilation And Sanitation Requirements.
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.
5.
No operator, manager or employee
of a sexually oriented business shall:
a.
Knowingly permit alcoholic beverages
to be brought upon, sold, used 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 act
of prostitution or patronizing prostitution on the premises; or
d.
Knowingly allow or permit a violation
of this Section or any other City ordinance or provision of State
law.
6.
No person shall knowingly or intentionally
sell, use, or consume alcoholic beverages on the premises of a sexually
oriented business.
7.
There must be continuous physical,
video or window surveillance of the premises upon which a sexually
oriented business is located.
8.
The sexually oriented business must
provide restrooms for customer use.
E.
Compliance With Code Requirements. Any
sexually oriented business licensed under this Chapter shall comply
with all other requirements of the codes of the City as now or in
the future may be adopted.
F.
Inspections. An applicant or licensee shall
permit representatives of the Police Department, Fire Department or
Planning Department to inspect the premises of a sexually oriented
business for the purpose of ensuring compliance with the law at any
time it is occupied or open for business. It shall be unlawful for
any licensee to fail to allow such inspection officer access to the
premises or hinder such officer in any manner.
[R.O. 1997 § 645.070; Ord. No. 2201 § 7, 8-8-2016]
Any violation of any part of this Chapter is subject to the penalty provided in Section 100.140 of the Municipal Code. This Chapter does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a knowing or reckless mental state is necessary to establish a violation of this Chapter. Notwithstanding any other provision of law to the contrary, for purposes of this Section, an act by an employee shall be imputed to the sexually oriented business for purposes of finding a violation of this Chapter only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.
