[CC 2010 § 24.010; Ord. No. 717, 3-29-2010]
A.
Whereas, the Board of Aldermen, as elected representatives of the
citizens of the City, have a duty to investigate the feasibility of
adopting reasonable regulations to protect the citizens of the City
from activities that have adverse effects which are harmful to the
health, safety and general welfare of the citizenry;
B.
Whereas, the Board of Aldermen of the City met in a series of public
meetings from October 22, 2009 through March 29, 2010, to consider
the regulation of adult businesses in the City and heard a report
from staff and received documents regarding such regulations;
C.
Whereas, sexually oriented businesses require special supervision
in order to protect and preserve the health, safety, and welfare of
the patrons of such businesses as well as the citizens of the communities
where they locate;
D.
Whereas, the concern for sexually transmitted diseases is a legitimate
health concern of the City that demands reasonable regulation of sexually
oriented businesses in order to protect the health and well-being
of the citizens; and 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 infection (HIV-AIDS), genital herpes, hepatitis B, Non-A, Non-B
amebiasis, salmonella infections;
E.
Whereas, the Board of Aldermen desires to minimize and control the
adverse secondary effects associated with adult businesses and thereby
protect the health, safety and welfare of the citizenry, preserve
the quality of life, preserve property values and the character of
surrounding neighborhoods and to deter the spread of urban blight;
F.
Whereas, sanitary conditions in some sexually oriented businesses
are unhealthy, in part, because the activities conducted there are
unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and operators of the facilities
to self-regulate those activities and maintain those facilities;
G.
Whereas, numerous reports have determined that bodily fluids, including
semen and urine, are found in the areas of sexually oriented businesses
where persons view adult-oriented films;
H.
Whereas, nude dancing in adult establishments increases the likelihood
of drug-dealing and drug use;
I.
Whereas, the Board of Aldermen of the City is particularly concerned
about the adverse secondary effect of an adult business upon other
businesses in the community and upon the continued receipt of sales
tax income by the City, specifically because the Board finds that
certain family- or child-oriented businesses may flee the community
if an adult business locates near to the family- or child-oriented
businesses;
J.
Whereas, it is the purpose of this Chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, and
morals, and general welfare of the citizens of the City, 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 sexually oriented materials. Similarly, it is
not the intent nor effect of this Chapter to restrict or deny access
by adults to sexually oriented 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 nor
effect of this Chapter to condone or legitimize the distribution of
obscene materials.
K.
Whereas, the following studies regarding the adverse secondary effects
associated with adult businesses were given to the Mayor and each
Alderman, and placed on file with the City Clerk for review by the
Board of Aldermen following the October 22, 2009, meeting, as more
particularly described as follows:
1.
A study by the Special Programs Division of the Office of the
Land Development Services in Austin, Texas, entitled "Report on Adult-Oriented
Businesses in Austin";
2.
A study by the City of Phoenix, Arizona, entitled "Adult Business
Study";
3.
A report by the Minnesota Attorney General's Office entitled
"Report of the Minnesota Attorney General's Working Group on
the Regulation of Sexually Oriented Business";
4.
A report prepared by the St. Paul, Minnesota, Division of Planning,
entitled "Effects on Surrounding Area of Adult Entertainment Businesses
in St. Paul";
5.
A staff report prepared by the St. Paul, Minnesota Division
of Planning, entitled "Adult Entertainment";
6.
A report prepared by the Amarillo, Texas, Planning Department,
entitled "A Report on Zoning and Other Methods of Regulating Adult
Entertainment in Amarillo";
7.
A report prepared by the Los Angeles, California Department
of City Planning, entitled "Study of the Effects of the Concentration
of Adult Entertainment Establishments in the City of Los Angeles";
8.
A report prepared by the Indianapolis, Indiana, Department of
Metropolitan Development Division of Planning, entitled "Adult Entertainment
Businesses in Indianapolis: An Analysis";
9.
A report prepared by the Beaumont, Texas, Planning Department,
entitled "Regulation of Adult Uses; Revised September 14, 1982";
10.
A memorandum from the Assistant Chief of Police of the City
of Tucson, Arizona, to the City Prosecutor, entitled "Adult Entertainment
Ordinance";
11.
A report by Richard McCleary, Ph.D., and James W. Meeker, J.D.,
Ph. D., entitled "Final Report to the City of Garden Grove: The Relationship
Between Crime and Adult Business Operations on Garden Grove Boulevard";
12.
A report of the Whittier, California, Planning Department Staff,
entitled "Amendment to Zoning Regulations; Adult Business in C-2 Zone
with Conditional Use Permit";
13.
An internal report of the Cleveland, Ohio, Police Department,
entitled "Smut Shop Outlets, Contribution of these Outlets to the
Increased Crime Rate in the Census Tract Areas of the Smut Shops";
14.
A report by the Oklahoma City, Oklahoma, Community Development
Department Planning Division, entitled "Adult Entertainment Businesses
in Oklahoma City: A Survey of Real Estate Appraisers";
15.
A legislative report by the Committee on the Proposed Regulation
of Sexually Oriented Businesses of the Houston, Texas, City Council;
16.
A report by the Newport News, Virginia, Department of Planning
Development, entitled "Adult Use Study";
17.
A report of the Seattle, Washington, Department of Construction
and Land Use, entitled "Directors Report: Proposed Land Use Code Text
Amendment — Adult Cabarets";
18.
A report by the Minnesota Crime Prevention Center, Inc. to the
Minneapolis, Minnesota, Board of Aldermen, entitled "Analysis of the
Relationship Between Adult Entertainment Establishments, Crime, and
Housing Values";
19.
Adult Cabarets-Factual Records from Phoenix, Arizona;
20.
Incall Escort Bureaus/Nude Modeling Studios (Private Room Nude
Dancing) Index to Factual Record from Phoenix, Arizona;
21.
Appendix A-Analysis of Adult Business Studios in Indianapolis,
Indiana, and Los Angeles, California;
22.
Organized Crime;
23.
Summaries of Key Reports Concerning the Negative Effects of
Sexually Oriented Businesses;
24.
Nude Entertainment Study from Adams County, California;
25.
Adult Entertainment Study from Manatee County, Florida;
26.
Adult Entertainment report from Saint Paul, Minnesota;
27.
City Commission Minutes from Las Vegas, Nevada;
28.
Adult Business Study from Ellicottville, New York (1998)
29.
Study & Recommendations for Adult Entertainment Businesses
from Islip, New York (1980);
30.
Adult Entertainment Study from New York, New York (1994);
31.
Report of Secondary Effects of the Concentration of Adult Use
Establishments from Times Square, New York (1994);
32.
Regulation of Adult Entertainment Establishments from New Hanover
County, North Carolina (1989);
33.
A Look at Successful Abatement of Adult-Oriented Business Nuisances
from Oklahoma City, Oklahoma (1992);
34.
A report on Secondary Impacts of Sex-Oriented Businesses from
Philadelphia, Pennsylvania (1996);
35.
Report on Why and How Our City Organized a Joint County-Wide
Sexually Oriented Businesses Task Force from Cleburne, Texas (1997);
36.
An Analysis of the Effects of Sexually Oriented Businesses on
the Surrounding Neighborhoods from Dallas, Texas (1997);
37.
Report on The Effects of Adult Entertainment Businesses on Residential
Neighborhoods from El Paso, Texas (1986);
38.
Report on Location of Adult Entertainment Uses-Background Material
from Bellevue, Washington (1988);
39.
Report on Adult Use Study from Des Moines, Washington (1984);
40.
Regulation of Adult Entertainment Establishments in St. Croix
County, Wisconsin (1993);
41.
Report on Commercial Sexual Exploitation of Children in the
U.S. (2001);
42.
Testimony of David Sherman (2000) - An Insider's View of
Sexually Oriented Businesses;
43.
A Report on Strip Clubs According to Strippers: Exposing Workplace
Sexual Violence.
L.
Whereas, of particular relevance to the City was the study regarding
the adverse secondary effects associated with adult businesses, entitled
an "Adult Use Study" prepared for the City of Kansas City, Missouri,
by Eric Damian Kelly, Ph.D., AICP, and Connie B. Cooper, AICP, consisting
of four (4) parts and nine (9) appendices (the "Kelly and Cooper Study");
and
M.
Whereas, based on the secondary effects studies, testimony, case
law and other information before it, the Board of Aldermen has made
the following legislative findings of fact:
1.
That certain conduct occurring on the premises of adult businesses
is detrimental to the public health, safety and general welfare of
the citizens of the City and, therefore, such conduct must be regulated;
2.
That adult businesses are associated with and promote prostitution,
illegal drug use and other criminal activity which constitute an immediate
threat to the public peace, health, morals and safety;
3.
That regulation of adult businesses is necessary because in
the absence of such regulation, significant criminal activity, including
prostitution, illegal drug use and disruptive behavior and high-risk
sexual conduct that may result in health hazards, has historically
and regularly occurred;
4.
That adult businesses have a deleterious effect on both the
existing businesses around them and the surrounding residential areas
adjacent to them, causing increased crime and downgrading of property
values; these deleterious effects create a legitimate concern of the
City to protect property values, business interests and generally
protect the City from urban blight associated with adult businesses;
5.
That it is recognized that adult businesses have serious objectionable
operational characteristics, particularly when they are located in
close proximity to each other, thereby contributing to urban blight;
6.
That it is necessary to regulate and license entertainers and
servers in the adult entertainment industry to prevent the exploitation
of minors, to ensure that such individuals are adults and to ensure
that such individuals have not assumed a false identity or been involved
in criminal activity associated with adult entertainment, which would
make regulation difficult or impossible;
7.
That it is recognized that the live entertainment presented
by some adult businesses involves bodily contact between patrons and
performers, including physical contact while giving and receiving
gratuities, including hugging, kissing and fondling of performers
or patrons; it is further recognized that this contact titillation
promotes prostitution and the spread of sexually transmitted diseases;
it is further recognized that a reasonable and effective means of
preventing this type of physical contact is achieved by requiring
entertainers to dance or perform only on a stage, prohibiting customers
from touching the performers on the stage and prohibiting customers
from providing gratuities to the performers on stage except in a container
placed on the stage;
8.
That it is necessary to have a licensed manager on the premises
of adult business establishments to ensure that a person responsible
for the overall operation of the business, including the actions of
the customers and employees, is present at all times;
9.
That the license fees imposed by these regulations are reasonable
fees imposed as necessary regulatory measures designed to help defray
expenses incurred by the City in regulating adult businesses;
10.
That it is necessary to restrict hours of operation of adult
businesses in order to prevent noise and crime during the late night
and early morning hours and to preserve the character and quality
of nearby residential neighborhoods;
11.
That the types of videos and films shown in adult video viewing
booths are available for viewing, purchase or rental in other types
of adult businesses which are less harmful to the health, safety and
welfare of the community, and therefore, adult video viewing booths
should be prohibited in favor of other venues;
12.
That adult retail establishments (the businesses referred to
in the Kelly and Cooper Report as "sex shops") have documented harmful
secondary effects within nearby residential neighborhoods notwithstanding
the retail nature of the businesses;
13.
That as of the date of the adoption of this Chapter, approximately
twenty (20) tracts of land, or approximately 20% of the total area
of the City, is properly zoned and could accommodate various types
of adult businesses, notwithstanding the locational restrictions imposed
by this Chapter;
14.
That adult businesses (if any) operating on the effective date
of this Chapter should be brought into compliance with the provisions
of this Chapter and those businesses which do not conform to the locational
restrictions contained herein shall conform their operations to a
lawful business use and discontinue operation as an adult business
at that existing location;
15.
Crime statistics show that all types of crimes, especially sex-related
crimes, occur with more frequency in neighborhoods where sexually
oriented businesses are located; and
16.
Sexual acts, including masturbation, and oral and anal sex,
occur at sexually oriented businesses, especially those which provide
private or semi-private booths or cubicles for viewing films, videos,
or live sex shows.
N.
Whereas, the Board of Aldermen desires to minimize and control the
adverse secondary effects associated with adult businesses and thereby
protect the health, safety and welfare of the citizenry, preserve
the quality of life, preserve property values and the character of
surrounding neighborhoods and to deter the spread of urban blight;
and
O.
Whereas, it is not the intent of this Chapter or any previously enacted
ordinance to suppress or limit any speech activities protected by
the First Amendment to the United States Constitution, but to enact
a content neutral, reasonable time, place and manner regulation that
effectively addresses the harmful secondary effects associated with
adult businesses.
[CC 2010 § 24.020; Ord. No. 717, 3-29-2010]
A.
As Section 630.260 of this Chapter also says, this Chapter is intended to be severable. The Board of Aldermen unequivocally states, to the maximum extent permitted by the Constitution of the United States of America, each and every section, subsection, subdivision, paragraph, sentence, clause or phrase in this Chapter is enacted independently of every other section, subsection, subdivision, paragraph, sentence, clause or phrase. Because some Federal courts seem unable or unwilling to give effect to the severability clause in an ordinance of this sort, this intention is stated both at the beginning and at the end of this Chapter. WE DO NOT KNOW HOW TO MAKE THIS INTENTION ANY CLEARER TO ANY REASONABLE PERSON.
B.
If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Chapter, or the application thereof to any circumstances,
is for any reason held to be unconstitutional or invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect
the validity or effectiveness of the remaining portions of this Chapter.
The Board of Aldermen would have enacted the remainder of the Chapter
without such unconstitutional or invalid or ineffective provision.
[CC 2010 § 24.030; Ord. No. 717, 3-29-2010]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
videos, or other image-producing devices are maintained to show images
to five (5) or fewer persons per machine at any one (1) time, and
where the images so displayed are distinguished or characterized by
the depicting or describing of specified sexual activities or specified
anatomical areas.
Any business:
That has as a substantial or significant purpose the sale or
rental of merchandise that is that emphasizes matters depicting, describing
or relating to specified sexual activities or specified anatomical
areas; or
That has as one (1) of its 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 are intended to provide sexual
arousal or excitement or that allow observation of specified sexual
activities or specified anatomical areas ancillary to other pursuits,
or allow participation in specified sexual activities ancillary to
other pursuits.
The definition of "adult business" also includes but is not
limited to any and all of the following specific adult businesses,
as defined herein:
Businesses that offer merchandise for sale or rent.
ADULT MEDIA OUTLETA business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of adult media. For purposes of this Subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the sale or rental of adult media if any one (1) or more of the following criteria are satisfied:
Twenty-five percent (25%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period is derived
from adult media;
Twenty-five percent (25%) or more of the number of transactions,
measured over any consecutive ninety-day period, relate to adult media;
Twenty-five percent (25%) or more of the dollar value of all
merchandise displayed at any time is attributable to adult media;
Twenty-five percent (25%) or more of the inventory consists
of adult media at any time;
Twenty-five percent (25%) or more of the merchandise displayed
for sale or rental consists of adult media at any time; or
Twenty-five percent (25%) or more of the sales floor area of
the business (not including storerooms, stock areas, bathrooms, or
any portion of the business not open to the public) is devoted to
adult media at any time.
|
The presumption that a "substantial or significant" portion
of a business is devoted to the sale or rental of adult media, based
upon the above guidelines, shall be rebuttable.
|
ADULT NEWSRACKAny coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT RETAIL ESTABLISHMENTA business that displays or offers good for sale or rent and that meets any of the following tests:
It displays or offers for sale or rent items from any two (2)
of the following categories: sexually oriented toys or novelties;
lingerie; clothing that graphically depicts specified anatomical area;
leather goods designed or marketed for use for sexual bondage or sadomasochistic
practices; and the combination of such items constitutes.
Ten percent (10%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period;
Ten percent (10%) or more of the number of sales transactions,
measured over any consecutive ninety-day period;
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time;
Ten percent (10%) or more of all inventory at any time;
Ten percent (10%) or more of the merchandise displayed for sale
at any time;
Ten percent (10%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms, or any portion
of the business not open to the public) at any time; or
Any sales (including
rentals), measured in dollars over any consecutive ninety-day period
is derived from sexually oriented toys or novelties;
Any sales transactions, measured over any consecutive ninety-day
period, relate to sexually oriented toys or novelties;
Any dollar value of all merchandise displayed at any time is
attributable to sexually oriented toys or novelties;
All inventory of sexually oriented toys or novelties at any
time;
Any merchandise displayed for sale consists of sexually oriented
toys or novelties at any time; or
Five percent (5%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms, or any portion
of the business not open to the public) is devoted to sexually oriented
toys or novelties at any time.
Businesses that provide entertainment.
ADULT ENTERTAINMENT BUSINESSAny business to which the public, patrons or members are invited or admitted, and where providing adult entertainment, as defined herein, as a regular and substantial portion of its business.
The definition of "adult entertainment business" also includes,
but is not limited to, any and all of the following specific adult
entertainment businesses, as defined herein:
ADULT MOTION PICTURE THEATERAn establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT THEATERAn establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by patrons.
ADULT ENTERTAINMENT CABARETAn establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators, or live performances, or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.
ADULT ENTERTAINMENT STUDIO (includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio")An establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to specified sexual activities or the exhibition of specified anatomical areas.
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate, or consort with employees, performers, and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patrons.
BODY PAINTING STUDIOAn establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
Businesses that provide services.
BATH HOUSEAn enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations, for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area by any photographic, electronic, magnetic tape, digital or other medium (including but not limited to film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodicals) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.
Any 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 on a premises where such exhibition, performance,
display or dance is intended to arouse or excite the sexual desires
of the entertainer, other entertainers or patrons, or if the entertainment
depicts, portrays, exhibits or displays specified anatomical areas
or specified sexual activities.
Books, magazines, periodicals, other printed matter, pictures,
slides, records, audiotapes, videotapes, compact discs, motion pictures,
films, CD-ROMs or other devices used to record computer images, or
other media which are distinguished or characterized by an emphasis
on matters depicting, describing or relating to specified sexual activities
or specified anatomical areas.
Any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books magazines or periodicals) for observation by patrons therein. "Adult video viewing booths" are sometimes referred to as "peep shows," "adult video arcades," "panoramas" and "adult mini-motion picture theaters." An "adult video viewing booth" shall not mean a theater, movie house, playhouse, or a room or enclosure or a portion thereof which contains more than one hundred fifty (150) square feet of gross floor area. Note: as of the date of the adoption of this definition, there are no known "adult video viewing booths" within the City, and Chapter 405, Zoning Regulations, specifically does not list this as a permitted use in any existing zoning district.
Those diseases which are set out in Missouri Code of State
Regulations, Department of Health, 19 CSR 20-20.020, as amended.
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 business.
Any person who provides adult entertainment within an adult
business, whether or not a fee is charged or accepted for entertainment.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip, or other consideration.
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
Any person less than eighteen (18) years of age.
The appearance of the human bare buttocks, anus, human genitals,
the areola or the nipple of the female breast or a state of dress
which fails to opaquely or fully cover the anus, human genitals or
the areola or the nipple of the female breast.
To own, conduct or maintain the affairs of any adult business.
Any person owning, operating, conducting or maintaining an
adult business.
Any person who enters an adult business without regard to
whether a purchase is made from the adult business or compensation
is paid to the adult business or any employee of the adult business
for merchandise, entertainment or service, provided that the term
"patron" shall not include persons who enter an adult business for
the sole purpose of providing service or merchandise to the adult
business and who do not remain in the adult business after the purpose
had been accomplished including, but not limited to, persons performing
construction, repair or maintenance on the premises or delivering
goods or merchandise to the adult business and any such similar activity.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, governmental entity,
or other entity or group of persons, however organized.
Any person who serves food and drink at an adult entertainment
business.
Instruments, devices or paraphernalia which either depict specified
anatomical areas or are designed or marketed for use in connection
with specified sexual activities. In determining whether an item is
designed or marketed for use in connection with specified sexual activities,
the following guidelines may be considered:
Expert testimony as to the principal use of the item;
Evidence concerning the total business of a person or business
or a person or business establishment and the type of merchandise
involved in the business;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment;
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
The physical or structural characteristics of the item; or
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
Any person may request an interpretive ruling from the City
Clerk, or his or her designee, as to whether a particular item is
considered by the City to be designed or marketed for use in connection
with specified sexual activities. An application for an interpretative
ruling shall be made in writing on a form provided by the City Clerk,
and shall be accompanied by such other information as may reasonably
be requested under the circumstances pertaining to the specific item
about which a ruling is requested. The City Clerk shall issue a written
interpretive ruling within ten (10) business days following submission
of a completed application. The decision of the City Clerk may be
appealed to the Board of Aldermen within fifteen (15) days following
the date of the interpretive ruling by submitting a written notice
of appeal to the City Clerk.
Uncovered or exposed human genitals, pubic region or pubic hair,
buttocks, female breast or breasts below a point immediately above
the top of the areola encircling the nipple, or any combination of
the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Any of the following acts of intended sexual arousal or excitement:
Sexual conduct including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
Fondling or other intentional touching of a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
Sadomasochistic acts; or
Acts involving animals or latent objects.
[CC 2010 § 24.040; Ord. No. 717, 3-29-2010]
A.
It is unlawful for any person to operate or maintain an adult business
in the City unless the owner of the adult business has obtained an
adult business license from the City, or to operate such business
after such license has been revoked or suspended by the City.
B.
It is unlawful for any entertainer, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult business.
C.
The failure to post an adult business license in the manner required
herein shall be prima facie evidence that an adult business has not
obtained such a license. In addition, it shall be prima facie evidence
that any entertainer, employee, manager or owner who performs any
business, service or entertainment in an adult business in which an
adult business license is not posted in the manner required herein
had knowledge that such business is not licensed.
D.
Any business that engages in the barter, rental, or sale of items
consisting of printed matter, pictures, slides, records, audiotapes,
videotapes, compact discs, motion pictures, films or other media,
if such business is not open to the public in general but only to
one (1) or more classes of the public, excluding any minor by reason
of age, or if a substantial or significant portion of such items are
distinguished or characterized by an emphasis on the depiction or
description of specified sexual activities or specified anatomical
areas shall be deemed to have consented to periodic entry into and
inspection of the business premises by appropriate City officials
and inspection by those officials of only those business records necessary
for the limited purpose of determining whether such business enterprise
is an adult business as defined herein. This entry and inspection
shall take place during hours when such business is open to the public,
unless otherwise requested by the business, and shall not unreasonably
interfere with the conduct of such business.
[CC 2010 § 24.050; Ord. No. 717, 3-29-2010]
It is unlawful for any person to work as an entertainer, server,
employees 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 had been revoked or suspended. It is unlawful for any adult
business to employ any person in any capacity within its premises,
whether as an employee or as an independent contractor, who does not
have the license required by this section. Provided, that no such
license shall be required of bona fide repair or maintenance independent
contractors or bona fide custodial employees who do not engage in
any other activities within the adult business.
[CC 2010 §§ 24.060, 25.650; Ord. No. 717, 3-29-2010]
A.
The license year for all fees required herein shall be from each
January 1 through December 31. The application for a license shall
be accompanied by payment in full of the fee in the amount of ten
thousand dollars ($10,000.00) for each adult business license and
three hundred fifty dollars ($350.00) for each manager, server or
entertainer license, by certified or cashier's check or money
order, and no application shall be considered complete until such
fee is paid.
B.
All licenses shall be nontransferable to other persons, but shall
not be limited to a specific adult business that is properly licensed
under this Article. All license fees shall be nonrefundable.
C.
All adult business licenses shall be issued only for the one (1)
adult business use listed on the application and defined in this Chapter,
any change in the type of adult use shall invalidate the adult business
license and require the licensee to obtain a new license for the change
in use. A separate license is required for each adult use.
[CC 2010 § 24.070; Ord. No. 717, 3-29-2010]
All fees received for licenses required by Section 630.060 of this Chapter shall be deposited in a separate Adult Business Fund to be maintained by the City. No funds shall be disbursed from that fund expenses except for inspection of adult businesses and enforcement of this Chapter.
[CC 2010 § 24.080; Ord. No. 717, 3-29-2010]
It is the intention of the City that each adult business will
be inspected on a weekly basis. These inspections will not be announced
or scheduled in advance. Each licensed adult business, and each licensed
manager, server, employee or entertainer is required to assist and
cooperate with such inspection. Any delay or interference with the
conduct of an inspection causing an unnecessary delay in the inspection
shall be grounds for revocation of both the license of the adult business,
and the license of the manger(s), employee(s), server(s) or entertainer(s)
who participated in the delay. Any delay in excess of ninety (90)
seconds shall be presumed to be unreasonable. This presumption shall
be rebuttable. However, no delay by an employee awaiting instructions
from higher management or otherwise caused by an adult business licensee's
failure to train its employees as to the requirements of this Chapter
shall be considered reasonable.
[CC 2010 § 24.090; Ord. No. 717, 3-29-2010]
A.
Adult Business License. All persons desiring to secure a license
to operate an adult business as required herein shall make a verified
application with the City Clerk. All applications shall be submitted
in the name of the person who owns the adult business. The application
shall be signed by the applicant. If the applicant is a corporation,
the application shall be signed by its President. If the applicant
is a partnership, the application shall be signed by a partner. In
all other instances where the owner is not an individual, where applicable,
the application shall be signed by an authorized representative of
the owner. The City Clerk may require proof of authorization before
accepting an application. All applications shall be submitted on a
form supplied by the City Clerk and shall require all of the following
information:
1.
The name, residence address, home telephone number, occupation,
date, place of birth and social security number of the applicant.
2.
The tax identification number and registered agent if the owner
is required to have a tax identification number or registered agent.
3.
The name of the adult business, a description of the type of
adult business to be performed on the licensed premises, and the name
of the owner of the premises where the adult business will be located.
4.
The names, residence addresses, social security numbers and
dates of births of all partners, if the applicant is a partnership
or limited liability partnership, and if the applicant is a corporation
or limited-liability company, the same information for all corporate
officers and directors and stockholders or members who own more than
twenty-five percent (25%) interest in the corporation.
5.
A statement from the applicant whether the applicant, or any
corporate officer or director, or stockholder, partner or member who
owns more than twenty-five percent (25%) interest in such entity,
in previously operating in this or another City, county or state,
has had an adult business license of any type revoked or suspended,
and if so, the reason for the suspension or relocation and the business
activity subjected to the suspension or revocation.
6.
A statement from the applicant, all partners or each corporate
officer and director that each such person has not been either: convicted
of, or released from confinement for conviction of, or diverted from
prosecution on:
a.
Any felony within the five (5) years immediately preceding the
application;
b.
A misdemeanor within the two (2) years immediately preceding
the application; or
c.
A municipal or county ordinance violation within the two (2)
years immediately preceding the application, where such felony, misdemeanor,
municipal or county ordinance violation involved sexual offenses,
prostitution, indecent exposure, sexual abuse of a child or pornography
or related offenses, or controlled substances or illegal drugs or
narcotics offenses as defined in the Missouri Statutes or county or
municipal ordinances.
7.
On applications requesting a license to operate a bath house
or body painting studio, the applicant shall submit to the City Clerk,
within forty-eight (48) hours of the time each employee begins employment,
a health certificate from a duly licensed Missouri physician stating
that within ninety (90) days prior to the date of employment, such
employee has been examined and found free of any contagious or communicable
disease as defined herein. This shall be a continuing requirement
and shall also initially apply to the applicant.
8.
If the applicant is a corporation or limited-liability company,
a current certificate of registration issued by the Missouri Secretary
of State.
9.
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.
10.
Failure to provide the information and documentation required
herein shall constitute an incomplete application. The City Clerk
shall notify the applicant whether or not the application is complete
within ten (10) working days of the date the application is received
by the City Clerk.
B.
Manager, Server or Entertainer License.
1.
All persons desiring to secure a license to be a manager, server
or entertainer shall make a verified application with the City Clerk.
All applications shall be submitted in the name of the person proposing
to be a manager, server or entertainer. All applications shall be
submitted on a form supplied by the City Clerk and shall require all
of the following information:
a.
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.
A statement from the applicant that the applicant has not been
convicted of, or released from confinement for conviction of, or diverted
from prosecution on, any felony, whichever event is later, within
five (5) years immediately preceding the application, or has not been
convicted of, or diverted from prosecution on, a misdemeanor, or released
from confinement for conviction of a misdemeanor, whichever event
is later, within two (2) years immediately preceding the application,
where such felony or misdemeanor involved sexual offenses, prostitution,
indecent exposure, sexual abuse of a child or pornography and related
offenses, or controlled substances or illegal drugs or narcotics offenses
as defined in the Missouri statutes or municipal 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.
c.
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)
A motor vehicle operator's license issued
by any state bearing the applicant's photograph and date of birth;
(2)
A state-issued identification card bearing the
applicant's photograph and date of birth;
(3)
An official and valid passport issued by the United
States of America;
(4)
An immigration card issued by the United States
of America;
(5)
Any other form of picture identification issued
by a governmental entity that is deemed reliable by the City Clerk;
or
(6)
Any other form of identification deemed reliable
by the City Clerk.
2.
Failure to provide the information required herein shall constitute
an incomplete application. The City Clerk shall notify the applicant
whether or not the application is complete within ten (10) working
days of the date the application was received by the City Clerk.
C.
Application Processing. Upon receipt of an application for an adult
business, manager, server or entertainer license, the City Clerk shall
immediately transmit one (1) copy of the application to a Police Officer for investigation of the application. In addition, the City
Clerk shall transmit a copy of the application to the Mayor and Building
Official. It shall be the duty of Police Officers to investigate
such application to determine whether the information contained in
the application is accurate and whether the application meets the
requirements herein for issuance of the license for which the application
is made. A Police Officer shall report the results of the investigation
to the City Clerk not later than twenty (20) working days from the
date the application is received by the City Clerk. It shall be the
duty of the Building Official 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, and fire code ordinances of the City. The Building Official
shall report the results of his/her investigation to the City Clerk
not later than twenty (20) working days from the date the application
is received by the City Clerk. Upon receipt of the reports from a Police Officer and the Building Official, the City Clerk shall schedule
the application for consideration by the governing body at the earliest
meeting consistent with the notification requirements established
by law, provided the license application for an adult business, server,
manager or entertainer license shall be approved or disapproved within
forty-five (45) days from the date a application is received by the
City Clerk. The applicant shall be notified in writing of the date
when the governing body will consider the application and shall be
afforded an opportunity to be heard at that meeting.
[CC 2010 § 24.100; Ord. No. 717, 3-29-2010]
A.
The governing body shall examine an application for an adult business
license, or a manager, server, employee, or entertainer license within
forty-five (45) days of the date such application was received by
the City Clerk. After such examination, the governing body shall approve
the issuance of a license only if the appropriate license fee has
been paid, the applicant is qualified, and all the applicable requirements
set forth herein are met. No license shall be approved for any person
ineligible pursuant to the provisions herein. All incomplete applications
shall be denied.
B.
The record of the governing body shall show the action taken on the
application, and if the license is granted, the governing body shall
direct the City Clerk to issue the proper license. The adult business
license and all manager, server and entertainer licenses shall state
that it is not transferable to other persons or entities and the calendar
year for which it is issued.
C.
If an application for a license is denied, 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 the Boone County Circuit
Court in a manner provided by law.
[CC 2010 § 24.110; Ord. No. 717, 3-29-2010]
A.
No person is eligible nor shall a license be issued to:
1.
An applicant for an adult business license if one (1) or more
of the following conditions exist:
a.
The premises for which an application for an adult business
has been made is located within one thousand (1,000) feet of any school,
church, or licensed child-care center or child-care center one thousand
(1,000) feet of any public building or park, or property used for
residential purposes, which uses are located within the City limits.
Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the nearest point of the premises from
which the adult business would be operated to the nearest point on
the property line of any school, church, licensed child-care center
or child-care center, public park or property used for residential
purposes located within the City,
(1)
Provided, the phrase "property used for residential
purposes" shall not include any property used primarily for commercial
purposes but which contains and apartment or dwelling for the owner,
or for a night watchman or employee.
(2)
Provided, further, the list of protected uses set
forth herein shall exclude streets, alleys and highway rights-of-way.
(3)
Provided, further, that the spacing restriction set forth above in Subsection (A)(1)(a) may be waived by the Board of Aldermen after review and recommendation by the Planning and Zoning Commission, if the applicant demonstrates by substantial and competent evidence and it is found that:
(a)
The proposed use will not be contrary to the public
interest or contrary to nearby properties, and that the spirit and
intent of this Chapter will be observed;
(b)
The proposed use will not enlarge or encourage
the development of a "blighted area" as defined in Section 100.310
of the Revised Statutes of Missouri, as amended;
(c)
The establishment of an additional regulated use
in the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any program or urban renewal; and
(d)
All applicable regulations of this Chapter will
be observed.
b.
The premises for which an application for an adult business
has been made is located within seven hundred fifty (750) feet of
any other adult business for which there is a license issued by the
City, regardless of whether such businesses are located on the same
property or separate properties. Measurements shall be made in a straight
line, without regard to intervening structures or objects from the
premises from which an adult business would be operated to the nearest
point on the property line of such other adult business located within
the City,
(1)
Provided, the list of protected uses set forth
herein shall exclude streets, alleys and highway rights-of-way; and
(2)
Provided further, that the seven-hundred-fifty-foot
restriction between such regulated uses may be waived by the Board
of Aldermen after review and recommendation by the City Clerk, if
the applicant demonstrates by substantial and competent evidence and
it is found that:
(a)
The proposed use will not be contrary to the public
interest or contrary to nearby properties, and that the spirit and
intent of this Chapter will be observed;
(b)
The proposed use will not enlarge or encourage
the development of a "blighted area" as defined in Section 100.310
of the Revised Statutes of Missouri, as amended;
(c)
The establishment of an additional regulated use
in the area will not be contrary to any program of neighborhood conservation
nor will it interfere with any program or urban renewal; and
(d)
All applicable regulations of this Chapter will
be observed.
c.
The applicant failed to supply all of the information requested
on the application;
d.
The applicant knowingly gave false, fraudulent or untruthful
information on the application;
e.
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 governing body;
f.
The applicant has been convicted, released from incarceration
for conviction or diverted from prosecution on any of the crimes set
forth herein during the time period set forth herein;
g.
The applicant has had an adult business license or comparable
license revoked or suspended in this or any other City during the
past five (5) years; or
h.
If the applicant is applying for a license to operate a bath
house or body painting studio and applicant has not produced a health
certificate as required herein for all persons working on the premises.
2.
An applicant for a manager, server or entertainer license if
one (1) or more of the following conditions exist:
a.
The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes set forth herein during
the time period set forth herein;
b.
The applicant knowingly failed to provide all of the information
required on the application;
c.
The applicant knowingly gave materially false, fraudulent or
untruthful information on the application;
d.
The applicant has had a manager, server or entertainer license
revoked or suspended in this or any other City during the past five
(5) years; or
e.
The applicant is applying for a license for a manager, server
or entertainer in a bath house or body painting studio and has not
produced a health certificate as required herein.
[CC 2010 § 24.120; Ord. No. 717, 3-29-2010]
It shall be unlawful for any person to knowingly distribute,
possess with intent to distribute or offer or agree to distribute
for anything of pecuniary value any obscene material or any device
designed or marketed as useful primarily for the stimulation of a
specified anatomical area, even if such use is possible while the
user is wearing clothing or an opaque covering. Material not otherwise
obscene may be obscene under this Section if the distribution of the
material, the offer to do so, or the possession with the intent to
do so is a commercial exploitation of erotica solely for the sake
of prurient appeal.
[CC 2010 § 24.130; Ord. No. 717, 3-29-2010]
A.
The following standards of conduct shall be adhered to by all adult
businesses, their employees and all managers, servers and entertainers
and patrons of adult businesses, while on or about the premises of
the business:
1.
Identification Cards. All or any manager, server, employee or
entertainer issued a license by the City Clerk under the provisions
contained herein shall, at all times when working in an adult business,
have in their possession and their person a valid identification card
issued by the City, bearing the permit number, the employee's
physical description and a photograph of such employee. Such identification
cards shall be laminated to prevent alteration.
2.
Age Restriction. Only persons eighteen (18) years of age or
older shall be permitted on the premises of any adult business.
3.
Exterior Observation. The premises of all adult businesses will
be so constructed as to insure that the interior of the premises is
not observable from the exterior of the building. In addition, all
windows will be covered to prevent viewing of the interior of the
building from the outside and all doorways not constructed with an
anteroom or foyer will be covered so as to prevent observation of
the interior of the premises from the exterior of the building.
4.
Exterior Display. No adult business will be conducted in any
manner that permits the observation of live performers engaged in
an erotic depiction or dance or any material or persons depicting,
describing or relating to specified sexual activities or specified
anatomical areas, as defined herein, from any exterior source by display,
decoration, sign, show window or other opening.
5.
Nudity Prohibited. No manager, employee, server, entertainer
or patron in an adult business other than a licensed bath house shall
be nude, or clothed in less-than-opaque attire.
6.
Certain Acts Prohibited.
a.
No manager, employee, server, entertainer or patron 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 or participate in any act of
prostitution as prohibited by state law or municipal ordinance while
on the premises of an adult business.
b.
All dancing or other live entertainment on the licensed premises
that is intended to provide sexual stimulation or to appeal to, arouse
or excite the sexual desire or interests of the patrons shall occur
and be performed solely on a platform or stage which is raised at
least two (2) feet above the primary level of the customer floor area.
In order to insure the performance area of the stage or performance
platform is not within the reach of patrons and to further insure
patrons are unable to touch the performers during their performances,
the licensee, owner, operator or manager shall either erect a physical
barrier between the performers and the patrons that effectively eliminates
the touching of the performers by the patrons, or they shall paint
a clearly discernible boundary line on the stage surface beyond which
the performers shall not perform and which is sufficiently distant
from the forward edge of the stage to insure the patrons cannot touch
the performers. Further, it shall be unlawful for any patron to be
upon any portion of the stage during a performance or for an owner,
operator or manager to permit a patron to be upon any portion of the
stage during the performance.
c.
No employee, server, entertainer or patron of an adult business
while on the premises 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.
d.
No entertainer shall solicit, demand or receive any payment
or gratuity from any patron for any act prohibited herein and while
on the premises of an adult business and no entertainer shall receive
any payment or gratuity from any patron for any entertainment except
as follows:
(1)
While such entertainer is on the stage a patron
may place such payment or gratuity into a container affixed to the
stage; or
(2)
While such entertainer is not on the stage but
while on the premises of an adult business and is clothed so as to
not expose to view any specified anatomical area, a patron may either
place such payment or gratuity into the entertainer's hand, or
under a leg garter worn by such entertainer at least four (4) inches
below the bottom of the pubic region.
e.
No owner, operator, manager or other person in charge of the
premises of an adult business shall:
(1)
Knowingly permit alcoholic liquor or cereal malt
beverages to be brought upon the premises unless authorized to do
so by a properly issued and current drinking establishment or cereal
malt beverage license;
(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) to be in or upon the premises of an adult entertainment
business;
(4)
Knowingly allow or permit any act of prostitution
or patronizing prostitution on the premises, as prohibited by state
law or municipal ordinance; or
(5)
Knowingly allow or permit a violation of this Chapter
or any other City ordinance provision or state law.
B.
An application is overdue in payment to the City for taxes, fees,
fines, or penalties assessed against or imposed upon him/her in relation
to the sexually oriented business for which license is sought, or
the property on which the sexually oriented business is located or
will be located.
[CC 2010 § 24.140; Ord. No. 717, 3-29-2010]
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 11:00 P.M. and 11:00
A.M. on weekdays and Saturdays. No sexually oriented business shall
open for business or remain open for business on Sunday or any legal
holiday recognized by the State of Missouri.
[CC 2010 § 24.150; Ord. No. 717, 3-29-2010]
A.
All adult businesses shall conspicuously display on the principal
entrance to the premises, a sign, visible from the exterior of the
premises and in contrasting colors on which uppercase letters shall
be at least two (2) inches high, and lowercase letters at least one-inch
high, which shall read as follows:
|
THIS BUSINESS IS AN ADULT BUSINESS.
ONLY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER
ARE PERMITTED ON THE PREMISES.
|
B.
All adult entertainment businesses that provide live entertainment
shall conspicuously display in the common area at the principal entrance
to the premises, a sign, in contrasting colors, on which uppercase
letters shall be at least two (2) inches high, and lowercase letters
at least one-inch high, which shall read as follows:
|
THIS BUSINESS IS AN ADULT ENTERTAINMENT BUSINESS IS REGULATED
AND LICENSED
BY THE CITY OF STURGEON
| |
|
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.
|
|
*
|
Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
|
|
While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage; or
| |
|
While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand, or under
the entertainer's leg garter.
| |
|
CUSTOMERS 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, entertainer
or patron or engage in solicitation for prostitution.
|
C.
Lighting Required. The premises of all adult businesses shall be
equipped with overhead lighting of 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.
D.
Closed Booths Or Rooms Prohibited. The premises of all adult businesses
shall be physically arranged in such manner that the entire interior
portion 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. Adult
video-viewing booths are prohibited whether or not the booth is visible
from a common area of the premises.
E.
Ventilation And Sanitation Requirements. The premises of all adult
businesses shall be kept in a sanitary condition. Except as otherwise
provided herein, separate dressing rooms and rest rooms for men and
women shall at all times be maintained and kept in a sanitary condition.
F.
Hours Of Operation. No adult business may be open or in use:
G.
Facilities Necessary. No adult business license to conduct a bath
house or body painting studio shall be issued unless an inspection
by an appropriate City Official reveals that the premises on which
the applicant intends to conduct such business complies with each
of the following minimum requirements:
1.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given or showers
taken. Floors shall be free from any accumulation of dust, dirt, or
refuse. All equipment used in the business' operation shall be
maintained in a clean and sanitary condition. Towels, linen, and items
for personal use of operators and patrons shall be clean and freshly
laundered. Towels, cloths, and sheets shall not be used for more than
one (1) patron. Heavy white paper may be substituted for sheets, provided
that such paper is changed for every patron. No activity related to
an adult business shall be carried on within any cubicle, room, booth,
or any area within any permitted establishment which is fitted with
a door capable of being locked.
2.
Toilet facilities shall be provided in convenient locations.
Toilets shall be designated as to the sex accommodated therein.
3.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
H.
An appropriate City Official shall certify that the proposed business
establishment complies with all of the requirements of this section
and shall give or send such certification to the City Clerk. Provided,
however, that nothing contained herein shall be construed to eliminate
other requirements of statute or ordinance concerning the maintenance
of premises, nor to preclude authorized inspection thereof. The appropriate
City official may recommend the issuance of a license contingent upon
the compliance with any requirements in this Section.
[CC 2010 § 24.160; Ord. No. 717, 3-29-2010]
A.
Every person licensed as an adult business shall post such license
in a conspicuous place and manner on the adult business premises.
B.
Every person holding a server, manager or entertainer license shall
post his or her license in his or her work area on the adult business
premises so it shall be readily available for inspection by City authorities
responsible for enforcement of this Chapter.
[CC 2010 § 24.170; Ord. No. 717, 3-29-2010]
A.
A manager shall be on duty at all adult businesses at all times the
premises are open for business. The name of the manager on duty shall
be prominently posted during business hours.
B.
It shall be the responsibility of the manager to verify that any
person who provides adult entertainment or works as a server within
the premises possesses a current and valid entertainer or server's
license and that such licenses are prominently posted. It shall also
be the responsibility of the manager to insure minors do not enter
upon the premises of an adult entertainment business.
[CC 2010 § 24.180; Ord. No. 717, 3-29-2010]
All adult businesses shall permit representatives of the City
or any other law enforcement agency acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
[CC 2010 § 24.190; Ord. No. 717, 3-29-2010]
A.
Whenever the City Clerk has information that:
1.
The owner or operator of an adult business or a holder of a
manager, server or entertainer license has violated, or knowingly
allowed or permitted the violation of, any of the provisions of this
Chapter;
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of an adult business knew or should have known that such violations
were committed;
3.
The adult business licensee or the manager, server or entertainer
license was knowingly obtained through false statements in the application
for such license, or renewal thereof;
4.
The adult business licensee or the manager, server or entertainer
licensee knowingly failed to make a complete disclosure of all information
in the application for such license, or renewal thereof;
5.
The owner or operator, or any partner, or any corporate officer
or director holding an adult business license has become disqualified
from having a license by a conviction as provided herein; or
6.
If the owner or operator of an adult business or the holder of a manager, server or entertainer license has become disqualified from having a license by a conviction as provided herein, then the City Clerk shall make this information known to the governing body, which shall conduct a public hearing, in accordance with the Notice and Hearing Procedure set forth in Section 630.200, to determine whether the license should be suspended or revoked. Based on the evidence produced at the hearing, the governing body may take any of the following actions:
a.
Suspend the license for up to ninety (90) days;
b.
Revoke the license for the remainder of the license year; or
c.
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of the Chapter occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, the license will be revoked for the remainder of
the license year.
[CC 2010 § 24.200; Ord. No. 717, 3-29-2010]
A.
In any instance in this article wherein a hearing is required, the
governing body shall, after no less than ten (10) days' written
notice to the applicant or licensee, hold such hearing to ascertain
all facts in the matter.
B.
Notice of such hearing shall be in writing and shall set forth the
reason for the hearing or the complaint against the licensee and shall
be served upon the licensee in person or by registered or certified
mail to the licensee's last-known address. In the event that
the governing body is unable to serve the adult entertainment business
licensee in person, and any notice sent by mail is returned by the
postal service, the governing body shall cause such notice to be posted
at the principal entrance of the adult entertainment business and
such posting shall be a valid means of service.
C.
At such hearing, an applicant or licensee shall have full right to
be represented by counsel, to produce witnesses and other evidence,
and to cross-examine all witnesses who appear against him or her.
Oral evidence shall be taken only upon oath or affirmation. All proceedings
in such hearing shall be recorded and transcribed as required by law.
The governing body may receive evidence relevant to the issues from
the applicant or licensee. Witnesses may be subpoenaed, and upon request
of any party, the governing body shall issue subpoenas, and in a proper
case, subpoenas duces tecum, which shall be served and returned as
in civil actions in circuit court.
D.
The governing body shall issue findings of fact and conclusions of
law, and an order wherein it dismisses the complaint, or suspends
or revokes the license previously issued. The governing body's
order shall be served upon the applicant or licensee in person or
by registered or certified mail to the applicant's or licensee's
last-known address. In the event that the governing body is not able
to serve such order upon the licensee or applicant for renewal license
in the manner stated above, such order may be served by posting such
order at the principal entrance of the adult entertainment business
and such posting shall be a valid means of service.
[CC 2010 § 24.210; Ord. No. 717, 3-29-2010]
A.
A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on December 31 of each calendar year, and renewal applications for
such licenses shall be submitted between December 16 and December
31.
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 herein.
C.
If the application for renewal of a license is not made during the
time provided herein, the expiration of such license shall not be
affected and a new application shall be required.
[CC 2010 § 24.220; Ord. No. 717, 3-29-2010]
Following the entry of an order by the City Clerk suspending
or revoking a license issued pursuant to this Chapter, or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Clerk
shall stay enforcement of such order for a period of time not to exceed
forty-five (45) days pending the filing and/or final disposition of
proceedings for judicial review.
[CC 2010 § 24.230; Ord. No. 717, 3-29-2010]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be punishable as set forth in Section 100.220 of this Code.
[CC 2010 § 24.240; Ord. No. 717, 3-29-2010]
A.
The City Clerk shall have the power to promulgate regulations as
may be necessary and feasible for the carrying out of the duties of
his/her office and which are not inconsistent with the provisions
of this Chapter.
B.
All adult businesses operating with the City shall comply with all
Federal recordkeeping regulations that may be applicable to any such
business, and shall permit the City inspector to examine the same.
The City Inspector is authorized to undertake such examination of
these records to determine that they are complete and accurate as
to the inspector may seem reasonable.
C.
Failure to comply with such Federal recordkeeping regulations may
be grounds for the revocation of the license of the adult business,
as well as the revocation of the license of the employee or employees
of such business who are required to maintain such records.
[CC 2010 § 24.250; Ord. No. 717, 3-29-2010]
Neither the adoption of this Chapter nor the repeal or amendment
of any ordinance or part or portion thereof shall in any manner affect
the prosecution or civil enforcement for violations of ordinances,
which violations were committed prior to the effective date hereof,
nor be construed as a waiver of any license, fee or penalty at said
effective date due and unpaid under such ordinances, nor be construed
as affecting any of the provisions of such ordinances relating to
the collection of any such license, fee or penalty, or the penal provisions
applicable to any violation thereof, nor to affect the validity of
any bond or cash deposit in lieu thereof required to be posted, filed
or deposited pursuant to any ordinance, and all rights and obligations
there under appertaining shall continue in full force and effect.
[CC 2010 § 24.260; Ord. No. 717, 3-29-2010]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this Chapter, or the application thereof to any
circumstances, is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions
of this Chapter.
[CC 2010 § 24.280; Ord. No. 717, 3-29-2010]
All ordinances or parts of ordinances in conflict with this
Chapter are hereby repealed.
