[Ord. No. 280, 2-14-2012]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any business enterprise:
That has as a regular and substantial business purpose the sale,
display or rental of goods that are designed for use in connection
with "specified sexual activities" or that emphasize matters depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas"; or
That has one (1) of the following as a regular and substantial
business purpose:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display "specified
anatomical areas" or "specified sexual activities"; or
The providing of services that provide "specified sexual activities"
or "specified anatomical area" 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, as defined herein:
Businesses that offer the following described goods for sale
or rent:
ADULT RETAIL ESTABLISHMENTSAn establishment which as a regular and substantial business purpose, offers for sale or rent, any one (1) or more of the following: instruments, devices, gifts, or paraphernalia which are designed for use in connection with "specified sexual activities" or clothing that graphically depicts "specified anatomical areas" or any of the materials sold or rented in an adult bookstore as defined herein.
ADULT BOOKSTOREAn establishment which, as a regular and substantial business purpose, offers for sale or rent, books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
ADULT NEWS RACKAn establishment that has as regular and substantial business purpose the rental, sale or offering for viewing of the premises or other use of any adult media.
ADULT NEWSSTANDAny 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 NEWSSTANDA freestanding structure, vehicle or booth which as a regular and substantial business purpose offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Businesses that provide the following entertainment:
ADULT ENTERTAINMENT BUSINESSAny enterprise to which the public, patrons or members are invited or admitted, and where providing "adult entertainment" as defined herein, is a regular and substantial portion of its business.
ADULT MOTION PICTURE THEATERAn establishment containing a room with seats facing a screen or projection areas, where a regular and substantial portion of its business is the exhibition to customers of films, videotapes, or motion pictures which are intended to provide the sexual stimulation or sexual gratification to the customers 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 located in an enclosed building 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" or live performers, for observation by customers and 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, go-go dancers, or live performances; or material which is primarily characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT ENTERTAINMENT STUDIOAn establishment whose premises is physically arranged 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." (Includes the terms "rap studio," "exotic dance studio," "sensitivity studio" or "encounter studio.")
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate, or consort with employees and/or performers or private contractors who display "specified anatomical areas" in the presence of such customers, with the intent of providing sexual gratification or stimulation to such customers.
BODY PAINTING STUDIOAn establishment where a regular and substantial portion of its business is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customers view "specified anatomical areas."
Businesses that provide the following described services:
BATH HOUSEAn enterprise where a regular and substantial portion of its business is offering baths with other persons present who are nude or displaying "specified anatomical areas."
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and rents room accommodations for less than six (6) hours at a time.
Any live exhibition, performance, display or dance of any
type, including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing,
or any service offered for amusement on a premises where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons,
or if the entertainment involves a person who is nude or in such attire,
costume or clothing as to expose to view any portion of the human
genitals, pubic region, vulva, pubic hair, buttocks, female breast
or breasts below a point immediately above the top of the areola or
nipple or the human male genitals in a discernibly erect state, even
if completely and opaquely covered.
Those diseases, which are set out in the Code of State Regulations
established by the State of Missouri.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly to, the operation of an adult business.
Any person who provides adult entertainment within an adult
entertainment business as defined in this section, whether or not
a fee is charged or accepted for entertainment.
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity at an
adult business.
Any person operating, conducting or maintaining an adult
business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons, however organized.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
Any person who serves food or drink at an adult business.
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola encircling the nipple, or any combination
of the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks, or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
objects in an act of apparent sexual stimulation or gratification.
[Ord. No. 280, 2-14-2012]
A.
It shall be unlawful for any person to operate or maintain an adult
business in the City unless the owner, operator or lessee thereof
has obtained an adult 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.
It shall be prima facia evidence that any adult business that fails
to have posted an adult business license, in the manner required by
this section, has not obtained such a license. In addition, it shall
be prima facia evidence that any entertainer, server, employee, manager,
operator 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 by this Section, had knowledge that such business
was not licensed.
D.
Any business enterprise that sells or rents goods that are designed
for use in connection with "specified sexual activities," or that
emphasize matters depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" and that excludes
minors by virtue of age from all or any part of the business premises
shall be deemed to have consented to periodic entry into 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 in this Chapter. This entry and inspection
shall take place during hours when such adult business is open to
the public, unless otherwise requested by the adult business, and
shall not unreasonably interfere with the conduct of such business.
[Ord. No. 280, 2-14-2012]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City, or to work as an entertainer, server or manager
at a adult business after such person's license to do so has been
revoked or suspended.
[Ord. No. 280, 2-14-2012]
A.
The license year for all fees required under this Chapter shall be
from each January 1 through December 31, and shall not be prorated.
The application for a license shall be accompanied by payment in full
of the fee stated in this section by certified or cashier's check
or money order; and no application shall be considered complete until
such fee is paid.
B.
All licenses shall be issued for a specific location and shall be
non-refundable and non-transferable.
C.
The classification of licenses and fees for each shall be as follows:
[Ord. No. 280, 2-14-2012]
All adult business licenses shall be issued only for the one
(1) adult business use listed on the application. Any change in the
type of adult use shall invalidate the adult business license.
[Ord. No. 280, 2-14-2012]
A.
Adult Business License.
1.
All persons desiring to secure a license to operate an adult
business under the provision of this Chapter shall make an application
with the City Clerk. All applications shall be submitted in the name
of the person proposing to conduct or operate the adult business.
All applications shall be submitted on a form supplied by the City
Clerk and shall require the following information:
a.
The name, residence address, home telephone number, occupation,
date and place of birth, and social security number of the applicant.
b.
The name of the adult business, a description of the type of
business to be performed on the licensed premises, and the name of
the owner of the premises where the adult business will be located.
c.
The names, residence addresses, social security numbers and
dates of births of all partners, if the applicant is a partnership;
and if the applicant is a corporation, the same information for all
corporate officers and directors and stockholders who own ten percent
(10%) or greater interest in the corporation.
d.
The residence addresses of the applicant, or of all partners,
or of all corporate officers and directors for the five (5) years
immediately prior to the date of application.
e.
A description of the adult business history of the applicant,
or of the partnership and all partners, or of the corporation officers
and directors.
f.
A statement from the applicant, or from all partners, or from
all such corporate officers and directors, whether any such person
or entity, in previously operating in this or another city, county,
or state, has had a business license of any type revoked or suspended,
and if so, the reason therefor, and the activity or occupation subjected
to such action, suspension or revocation.
g.
A statement of the business, occupation or employment of the
applicant, or of all partners, or of all corporate officers and directors
for the three (3) years immediately preceding the date of the application.
h.
A statement from the applicant or from each partner, or from
each corporate officer and director, that each such person has not
been convicted of, released from confinement for conviction, or diverted
from prosecution on:
(1)
Any felony within five (5) years immediately preceding
the application; or
(2)
A misdemeanor criminal act within two (2) years
immediately preceding the application, where such felony or misdemeanor
involved sexual offenses, prostitution, promotion of prostitution,
indecent exposure, sexual abuse of a child or pornography and related
offenses as defined in the Missouri Criminal Code, or involved controlled
substances or illegal drugs or narcotics offenses as defined in the
Missouri Controlled Substances Act or other statutes of the State
of Missouri or ordinances of the City.
i.
The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
j.
On applications requesting a license to operate a bath house
or body painting studio, the applicant shall provide for each person
working on the premises a health certificated from a duly licensed
Missouri physician stating that within ninety (90) days prior thereto,
the applicant and all other persons working on the premises have been
examined and found free of any contagious or communicable disease
as defined herein.
k.
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant, or of all partners if the
applicant is a partnership, or of all such corporate officers and
directors if the applicant is a corporation.
l.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
m.
The application shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one (1) or more
manager's stations and the location of all overhead lighting fixtures
and designating any portion of the premises in which patrons will
not be permitted. A manager's station may not exceed thirty-two (32)
square feet of floor area. The diagram shall also designate the place
at which the permit, if granted, will be conspicuously posted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
some designated street or object and should be drawn to a designated
scale or with marked dimensions sufficient to show the various internal
dimensions of all areas of the interior of the premises to an accuracy
of plus or minus six (6) inches. The City may waive the foregoing
diagram for renewal applications if the applicant adopts a diagram
that was previously submitted and certifies that the configuration
of the premises has not been altered since it was prepared.
n.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the City.
o.
A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and that
the information contained therein is true and correct and that the
applicant has read the provisions of this Chapter regulating adult
businesses.
2.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B.
Manager, Server Or Entertainer License.
1.
All persons desiring to secure a license under the provisions
of this Chapter to be a manager, server or entertainer shall make
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 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 or at the business.
b.
The name and address of each adult business where the applicant
intends to work as a manager, server or entertainer and an "intent
to hire" statement from an adult business that is licensed, or that
has applied for a license, under the provisions of this Chapter, indicating
the adult business intends to hire the applicant to manage, serve
or entertain on the premises. Failure to provide an "intent to hire"
statement shall not invalidate the application.
c.
A statement from the applicant, that the applicant has not been
convicted of, released from confinement for conviction of, or diverted
from prosecution on:
(1)
A felony within five (5) years immediately preceding
the application; or
(2)
A misdemeanor within two (2) years immediately
preceding the application, where such felony or misdemeanor involved
sexual offenses, prostitution, promotion of prostitution, indecent
exposure, sexual abuse of a child or pornography and related offenses
as defined in the Missouri Criminal Code, or involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substances Act or other statutes of the State of Missouri
or ordinances of the City.
d.
A full set of fingerprints and a photograph of the applicant
to be taken by the Police Department.
e.
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 valid motor vehicle operator's license issued
by any state, bearing this 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 by this subsection
shall constitute an incomplete application and shall not be processed.
C.
Facilities Necessary.
1.
No adult business license to conduct a bath house or body painting
studio shall be issued unless an inspection by the Director, St. Francois
County Health Department, or his/her authorized representative reveals
that the premises the applicant intends to conduct business from complies
with each of the following minimum requirements.
a.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given. Floors shall
be free from any accumulation of dust, dirt, or refuse. All equipment
used in the business's 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 service or practice 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.
b.
Toilet facilities shall be provided in convenient locations.
When five (5) or more employees and patrons of different sexes are
on the premises at the same time, separate toilet facilities shall
be provided. A single water closet per sex shall be provided for each
twenty (20) or more employees or patrons of that sex on the premises
at any one (1) time. Urinals may be substituted for water closets
after one (1) water closet has been provided. Toilets shall be designated
as to the sex accommodated therein.
c.
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.
2.
The Director, St. Francois County Health Department, or his/her
representative, 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.
D.
Application Processing.
1.
Upon receipt of a complete application for an adult business,
manager, server or entertainer license, the City Clerk shall immediately
transmit one (1) copy of the application to the Chief of Police for
investigation of the application. In addition, the City Clerk shall
transmit a copy of the application to the Fire Chief.
2.
It shall be the duty of the Chief of Police or his/her designee
to investigate such application to determine whether the information
contained in the application is accurate and whether the applicant
is qualified to be issued the license applied for. The Chief of Police
shall report the results of the investigation to the City Clerk immediately
upon receiving the results of his investigation.
3.
It shall be the duty of the Fire Chief 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, fire and property maintenance ordinances of the
City. The Fire Chief shall report the results of the investigation
to the City Clerk immediately upon receiving the results of his investigation.
4.
Upon receipt of the reports from the Chief of Police and Fire
Chief, the City Clerk shall submit to the Board of Alderman for consideration,
provided the license application for an adult business, manager, server
or entertainer license shall be approved or disapproved within forty-five
(45) days from the date of filing of a completed application with
the City Clerk's office.
[Ord. No. 280, 2-14-2012]
A.
If the application for an adult business, manager, server or entertainer
license is in proper form and accompanied by the appropriate license
fee, the Mayor shall examine the application, and after such examination,
the Mayor shall, if the applicant is qualified, approve a license
as provided for by law.
B.
The record of the Mayor shall show the action taken on the application,
and if the license is granted, the Mayor shall direct the City Clerk
to issue the proper license. The license shall state that it is not
transferable to other persons or entities and the calendar year for
which it is issued. The license shall be kept posted in a conspicuous
place in the place of business that is licensed or where the licensee
is working.
C.
If an application for a license is disapproved, the applicant shall
be immediately notified by registered or certified mail to the applicant's
last known address and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provide by
law.
[Ord. No. 280, 2-14-2012]
A.
No person is eligible nor shall a license be issued to:
1.
An adult business applicant if one (1) or more of the following
conditions exist:
a.
The applicant's premises is located within one thousand (1,000)
feet of any school, church, public park, licensed child-care center
or licensed child-care home. Measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest point on the property line of the applicant's business to
the nearest point on the property line of such school, church, public
park, licensed day-care center, or licensed child-care home.
b.
The applicant's premises is located within one thousand (1,000)
feet of any other adult business or any business licensed to sell
or serve alcoholic beverages whether or not such business is also
an adult business. The distance between any two (2) adult businesses
or between an adult business and a business selling or serving alcoholic
beverages shall be measured in a straight line, without regard to
intervening structures or objects, from the nearest point on the property
line of the applicant's business to the nearest point on the property
line of such other adult business.
c.
The applicant's premises is located within one thousand (1,000)
feet of any residentially zoned property. Measurements shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's business
to the nearest point on the property line of the residentially zoned
property.
d.
In the case of an application for an adult business license
for a business described as adult entertainment business, adult motion
picture theater, adult entertainment cabaret, adult entertainment
studio, adult encounter parlor, body painting studio, bath house or
adult motel, the applicant's premises is located within one thousand
(1,000) feet of any residentially zoned property. Measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
business to the nearest point on the property line of the residentially
zoned property.
e.
The applicant failed to supply all of the information requested
on the application.
f.
The applicant gave materially false, fraudulent or untruthful
information on the application.
g.
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 City Mayor.
h.
The applicant has been convicted, release from incarceration,
for conviction, or diverted on any of the crimes set forth in this
Chapter.
i.
The applicant has had an adult business or comparable license
revoked or suspended in this or any other City during the past five
(5) years;
j.
If the applicant is applying for a license to operate a bath
house or body painting studio and has not produced a health certificate
as required herein for all persons working on the premises.
k.
The applicant's facility is not designed in such a fashion that
all openings, entries and windows prevent view into such facilities
from any pedestrian, sidewalk, walkway, street or other public area.
No business activities shall take place outside the sexually oriented
business visible from the exterior.
2.
An applicant for a manager, server or entertainer if one (1)
or more of the following condition exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult business license for any of the reasons stated in Subsection (A) above.
b.
The applicant has been convicted, released from incarceration
for conviction, or diverted on any of the crimes set forth and during
the time period set forth in this Chapter.
c.
The applicant failed to provide all of the information required
on the application.
d.
The applicant gave materially false, fraudulent or untruthful
information on the application.
e.
The applicant has had a manager, server, entertainer or comparable
license revoked or suspended in this or any other city during the
past five (5) years.
[Ord. No. 280, 2-14-2012]
A.
The following standards of conduct shall be adhered to by all adult
business licensees, 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 or entertainer
issued a license by the City under the provisions of this Chapter
shall, at all times when working in an establishment subject to the
provisions of this Chapter, have in their possession 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 And Display. No adult business will be
conducted in any manner that permits the observation or display of
performers, servers, or entertainers engaged in an erotic depiction
or dance or any material or persons, caricatures, animals, or any
portion thereof depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas," as defined herein, or
any books, cards, magazines, periodicals or other printed matter,
photographs, slides, films, motion pictures, or videotapes which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or specified
anatomical areas" from any exterior source, including, but not limited
to, by display, decoration, sign, show window or other opening.
4.
Nudity Prohibited. No manager, employee, server, entertainer
or patron in an adult business, other than a license bath house, shall
appear nude, unclothed, in less than opaque attire or in any fashion
that exposes to view any "specified anatomical area."
5.
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" as defined herein,
or participate in any act of prostitution.
b.
No manager, employee, server, entertainer or patron of an adult
business shall knowingly touch, fondle, or caress any "specified anatomical
area" of another person, or knowingly permit another person to touch,
fondle, or caress any "specified anatomical area" of such manager,
employee, server, entertainer or patron, whether such "specified anatomical
areas" are clothed, unclothed, covered or exposed.
c.
No manager, employee, server or entertainer of an adult business
shall be visible from the exterior of the adult business while such
person is unclothed or in such attire, costume or clothing as to expose
to view any "specified anatomical area."
d.
No entertainer shall solicit, demand, or receive any payment
or gratuity from any patron or customer for any act prohibited by
this Chapter and no entertainer shall receive any payment or gratuity
from any customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform,
a customer or patron may place such payment or gratuity into a box
affixed to the stage; or
(2)
While such entertainer is not on the stage or platform
and is clothed so as to not expose to view any "specified anatomical
area," a customer or patron may 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 shall:
(1)
Knowingly permit alcoholic liquor or cereal malt
beverages to be brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution,
delivery or consumption of any controlled substance or illegal drug
or narcotic on the premises;
(3)
Knowingly allow or permit any person under the
age of eighteen (18) years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution
or patronizing prostitution on the premises; or
(5)
Knowingly allow or permit a violation of this Chapter
or any other City ordinance provision or State law.
(6)
Signs Required.
(a)
All adult business shall have conspicuously displayed
in the common area at the principal entrance to the premises a sign
on which uppercase letters shall be at least two (2) inches high and
lowercase letters at least one-inch high which shall read as follows:
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THIS ADULT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF
LEADINGTON
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ENTERTAINERS ARE:
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•
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breast, 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 or
said entertainer.
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Not permitted to be nude, unclothed, or in less than opaque
attire, costume or clothing so as to expose to view any portion of
the breasts below the top of the areola, or any portion of the pubic
regions, buttocks and or genitals.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage; or
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While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand, or under the
entertainer's leg garter.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time;
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
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(b)
The facility in which such a use is located shall
be limited to one (1) wall-mounted advertising sign no greater than
one (1) square foot of sign per linear foot of wall length, not to
exceed a total of thirty (30) square feet in area, said sign shall
not flash, blink or move by mechanical means and shall not extend
above the roof line of the building. Further, no merchandise or pictures
of products or entertainment on the premises shall be displayed in
window areas or any area where such merchandise or pictures can be
viewed from the sidewalk in front of the building. No flashing lights
and/or lighting that leaves the impression of motion or movement shall
be permitted.
(7)
Lighting Required.
(a)
The premises of all adult businesses shall be equipped
with overhead lighting of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination of
not less than five (5) foot-candles 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.
(b)
Lighting in the parking area must provide a minimum
light level of twenty-five hundredths (0.25) foot-candle over the
entire parking area, but in no point shall the light level exceed
three (3) foot-candles, nor shall any increase in light levels or
visible glare be permitted at the lot line.
(8)
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 to which any patron is permitted is visible from a manager's
station, excluding restrooms. Restrooms may not contain video reproduction
equipment. Visibility shall not be blocked or obscured by doors, curtains,
drapes or any other obstruction whatsoever. The view required is this
subsection must be by direct line of sight from the manager's station.
(9)
Ventilation And Sanitation Requirements. The premises
of all adult businesses shall be kept in a sanitary condition. Separate
dressing rooms and restrooms for men and women shall at all times
be maintained and kept in a sanitary condition.
(10)
Hours Of Operation. No adult business may be open
or in use between the hours of 2:00 A.M. and 9:00 A.M. on any day
other than a Sunday when the business may not be open between the
hours of 2:00 A.M. and 12:00 Noon.
[Ord. No. 280, 2-14-2012]
A.
Every person, corporation, partnership, or association licensed under
this Chapter as an adult business shall post such license in a conspicuous
place and manner on the adult 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.
[Ord. No. 280, 2-14-2012]
A.
A manager shall be on duty at any adult business 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 adult entertainer's license
or an adult entertainment servers license and that such licenses are
prominently posted.
C.
It shall be the responsibility of the manager to ensure persons under
the age of eighteen (18) do not enter upon the premises.
[Ord. No. 280, 2-14-2012]
All adult businesses shall permit representatives of the Police
Department or any other City official acting in their official capacity
to inspect the premises as necessary to ensure the business is complying
with all applicable regulations and laws.
[Ord. No. 280, 2-14-2012]
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; or
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; or
3.
The adult business license or the manager, server or entertainer
license was obtained through false statements in application for such
license, or renewal thereof; or
4.
The adult business licensee or the manager, server or entertainer
licensee failed to make a complete disclosure of all information in
the application for such license, or renewal thereof; or
5.
The owner or operator, or any partner, or any corporate officer
or director holding an adult business license has become disqualified
from having a license by conviction;
6.
The holder of a manager, server or entertainer license has become
disqualified from having a license by conviction.
B.
Then the City Clerk shall make this information known to the Board
of Aldermen, which, upon five (5) days' written notice to the person
holding the license, shall conduct a public hearing to determine whether
the license should be suspended or revoked. The Board of Aldermen
may pass a resolution setting forth the procedures for the conduct
of such hearings. Based on the evidence produced at the hearing, the
Board of Aldermen may take any of the following actions:
1.
Suspend the license for up to ninety (90) days.
2.
Revoke the license for the remainder of the license years.
3.
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of the Chapter occur during the period of probation. If a further
violation does occur after a hearing and the additional violation
is determined to have actually occurred, the license will be revoked
for the remainder of the license year.
[Ord. No. 280, 2-14-2012]
A licensee shall not transfer his or her license to another,
nor shall a licensee operate a sexually oriented business under the
authority of a license at any place other than the address designated
in the application.
[Ord. No. 280, 2-14-2012]
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 December 15 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 in this Chapter.
C.
If the application for renewal of a license is not made during the
time provided the expiration of such license shall not be affected
and a new application shall be required.
[Ord. No. 280, 2-14-2012]
[Ord. No. 280, 2-14-2012]
A person commits an offense if the person knowingly allows a
person under the age of eighteen (18) years on the premises of an
adult business.
[Ord. No. 280, 2-14-2012]
A.
A person commits the offense of public display of explicit sexual
material if he or she recklessly:
1.
Exposes, places, exhibits, or in any fashion, displays explicit
sexual material in any location, whether public or private, and in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision as viewed from a street, highway,
public sidewalk, or the property of others, or from any portion of
the person's store, the exhibitor's store or property when items and
material other than this material are offered for sale or rent to
the public; or
2.
Fails to take prompt action to remove such a display from property
in his or her possession after learning of its existence.
[Ord. No. 280, 2-14-2012]
Following the entry of an order by the Board of Aldermen, suspending
or revoking a license issued pursuant to this Chapter, or the City
Mayor disapproving the renewal application for a license, such licensee
or applicant may seek judicial review in a manner provided by law.
The Board of Aldermen may stay enforcement of such order for a period
of time not to exceed thirty (30) days pending the filing and/or final
disposition of proceedings for judicial review.
[Ord. No. 280, 2-14-2012]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be punished as set out in Section 100.220 of this Code. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Chapter shall constitute a separate and distinct offense.
[Ord. No. 280, 2-14-2012]
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 consistent with the provisions
of this Chapter.
[Ord. No. 280, 2-14-2012]
If any section, subsection, subdivision, paragraph, sentence,
clause or phrase in this Chapter or any part thereof 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 or any
part thereof. The Board of Aldermen hereby declares that it would
have passed the ordinance which adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase in this Chapter
or any part hereof irrespective of the fact that any one (1) or more
other sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional.
