[1]
Editor's Note: R.O. 1985 § 13-161, Purpose and findings, was repealed by the City during the 2024 recodification project.
[R.O. 1985 § 13-162; Ord. No. 4001[1], § 1, 9-26-2006]
As used in this Division, the following words and terms shall be defined as set out herein.
An establishment regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibition of specific sexual activities or specified anatomical areas for observation by patrons therein.
Any live exhibition, performance, or dance characterized by the exposure of any specified anatomical areas even if covered by translucent clothing, or by specified sexual activities, or by appearance of persons in attire, costume, or clothing so as to emphasize or expose, even through opaque clothing, the view to specified anatomical areas.
Magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
An establishment that rents and/or sells adult media, and that meets any of the following three (3) tests:
Twenty-five percent (25%) or more of the gross public floor area is devoted to adult media.
Twenty-five percent (25%) or more of the stock-in-trade consists of adult media.
It advertises or holds itself out in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business which sells adult media.
An establishment containing a room with seats facing a screen or projection areas, where the business is the exhibition to customers of films, videotapes, slides or motion pictures, which are intended to provide 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.
A freestanding structure, vehicle or booth where twenty-five percent (25%) or more of the gross public floor area 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.
An establishment located in an enclosed building where the 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.
Any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
Any person who provides adult entertainment at a sexually oriented business described herein, whether or not a fee is accepted for the entertainment.
The total area of the building accessible or visible to the public, including showrooms, motion pictures theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entry ways serving such areas.
Mainstream media outlets are defined as any video store, bookstore or a newsstand that carries more than ten percent (10%) sexually oriented material but less than twenty-five percent (25%).
Any person who manages, directs, administers, or is in charge of the affairs and for conduct of any portion of any activity involving adult entertainment occurring at any sexually oriented business.
[2]Any place of business in which massage therapy is practiced.
A health-care practitioner who provides or offers to provide massage therapy, as provided in Sections 324.240 to 324.275, RSMo., to any person at no cost or for a fee, monetary or otherwise, implying that the massage therapist is trained, experienced and licensed in massage therapy, and who holds a current, valid license to practice massage therapy.
A health-care profession which involves the treatment of the body's tonus system through the scientific or skillful touching, rubbing, pressing or other movements of the soft tissues of the body with the hands, forearms, elbows, or feet, or with the aid of mechanical apparatus, for relaxation, therapeutic, remedial or health maintenance purposes to enhance the mental and physical well-being of the client, but does not include the prescription of medication, spinal or joint manipulation, the diagnosis of illness or disease, or any service or procedure for which a license to practice medicine, chiropractic, physical therapy, or podiatry is required by law, or to those occupations defined in Chapter 329, RSMo.
Any material or performance is obscene if, taken as a whole:
Applying contemporary community standards, its predominant appeal is to prurient interest in sex; and
The average person, applying contemporary community standards, would find the material depicts or describes sexual conduct in a patently offensive way; and
A reasonable person would find the material lacks serious literary, artistic, political or scientific value.
Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business.
Any business which meets any one (1) of the following criteria:
More than ten percent (10%) of the stock-in-trade of the business consists of sexually oriented toys, novelties, leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; or
More than ten percent (10%) of the gross public floor area of the business is devoted to the display of sexually oriented toys or novelties; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; or
It advertises or holds itself out in any forum as "XXX," "adult," "sex," or otherwise as a sex business other than an adult media outlet, adult motion picture theater, or adult cabaret.
Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttocks, or female breast.
Actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
Actual or simulated:
An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one (1) of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
Has a substantial portion of its displayed merchandise which consists of such items; or
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means 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, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
[1]
Editor's Note: This ordinance also provided for the repeal of former Div. 6, which pertained to massage parlors and was derived from the 1965 Code, as amended.
[2]
Editor's Note: R.O. 1985 § 13-162, Definitions, defined terms "massage," "massage establishment," and "masseur or masseuse," which immediately followed this term, were repealed by the City during the 2024 recodification project.
[R.O. 1985 § 13-163; Ord. No. 4001, § 1, 9-26-2006]
The regulations contained in this Division do not apply to the following:
(a)
Any retail business whose major business is the offering of wearing apparel for sale to customers.
(b)
Any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression or opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of the commercial or business enterprise.
[R.O. 1985 § 13-164; Ord. No. 4001, § 1, 9-26-2006]
Only massage businesses as defined and regulated in Chapter 324 of the Missouri Revised Statutes will be allowed in the City of Crestwood, Missouri.
[R.O. 1985 § 13-165; Ord. No. 4001, § 1, 9-26-2006]
(a)
Mainstream media outlets shall have the same zoning and licensing requirements as any other media outlets, as long as the following conditions are implemented: Adult media shall be kept in a separate room or section of the shop, which room or section shall:
(1)
Not be open to any person under the age of eighteen (18);
(2)
Be physically and visually separated from the rest of the store by an opaque wall of durable material, reaching at least eight (8) feet high or to the ceiling, whichever is less;
(3)
Be located so that the entrance to it is as far as reasonably practical from media or other inventory in the store likely to be of particular interest to children;
(4)
Have access controlled by electronic or other means to provide assurance that persons under age eighteen (18) will not gain admission and that the general public will not accidentally enter such room or section. Continuous video or window surveillance of the room by store personnel should be provided; and
(5)
Provide signage at the entrance stipulating that persons under eighteen (18) are not permitted inside.
[R.O. 1985 § 13-166; Ord. No. 4001, § 1, 9-26-2006]
(a)
It shall be unlawful for any person to operate or maintain a sexually oriented business within the City until the owner of such business has applied to the office of the City Clerk for a license to operate such business and such license has been approved by the Chief of Police, Director of Public Works and the City Clerk or to operate such establishment after such license has been revoked or suspended by the City, or has expired as set forth in this Article.
(b)
It shall be unlawful for any manager, employee or entertainer to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed sexually oriented business, or to work at such business after such license has been revoked or suspended by the City, or has expired, as set forth in this Article.
(c)
No licensed manager, entertainer, or employee shall knowingly work, serve, or entertain in any sexually oriented business which does not have a valid license as required by this Article.
(d)
Every sexually oriented business, manager, entertainer or other employee required to be licensed by this Article shall post such license in a conspicuous place on the licensed premises so it is readily available for inspection by City authorities responsible for enforcement of this Division. Failure to post the license as required by this Section is prima facie evidence that the sexually oriented business has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee, or manager who performs any service or entertainment in a sexually oriented business in which a sexually oriented business license is not posted in a manner required by this division, had knowledge that such establishment was not licensed.
[R.O. 1985 § 13-167; Ord. No. 4001, § 1, 9-26-2006]
(a)
The license year for all fees required under this Division shall be from July 1 through June 30. The application for a license shall be accompanied by payment in full of the fee stated in this Section by certified check, cashier's check or money order; and no application shall be considered until such fee is paid.
(b)
The classification of licenses and fees for each shall be as follows:
(1)
Sexually oriented business license fee, one thousand dollars ($1,000) for initial application; five hundred dollars ($500) for renewal;
(2)
Sexually oriented business manager's license fee, two hundred fifty dollars ($250) for initial application; one hundred twenty-five dollars ($125) for renewal;
(3)
Sexually oriented business entertainer's license fee, two hundred fifty dollars ($250) for initial application, one hundred twenty-five dollars ($125) for renewal.
[R.O. 1985 § 13-168; Ord. No. 4001, § 1, 9-26-2006]
(a)
Sexually Oriented Business License. An application for license for the operation of a sexually oriented business in the City shall be obtained from the City Clerk. A notarized application shall be submitted in the name of the person proposing to conduct or operate the sexually oriented business. All applications shall contain the following information:
i.
The business name, address and telephone number of the establishment, a description of the entertainment to be performed on the premises, and the name or names of the owner of the premises where the sexually oriented business will be located.
ii.
The name, address, home telephone number, occupation, date, and place of birth and Social Security number of the applicant.
iii.
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 or a limited liability company, the same information for all corporate officers, directors, and all limited liability company managers and members.
iv.
The addresses of the applicant, or of all partners, or of all corporate officers and directors, or of all limited liability company managers or members, for the five (5) years immediately prior to the date of the application.
v.
A description of the sexually oriented business and similar business history of the applicant, all partners, all corporate officers and directors; and all limited liability company managers and members including, whether any such person or entity, in previously operating in this or another City, county or State, has had a business license revoked or suspended, the reason therefore, and the activity or occupation subjected to such action, suspension or revocation.
vi.
A statement of each and every business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors, or of all limited liability company managers and members, for the three (3) years immediately preceding the date of the application.
vii.
A statement from the applicant, or from each partner, or from each corporate officer and director, or from each limited liability company manager and member, that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
1.
A felony criminal act within five (5) years immediately preceding the application; or
2.
A misdemeanor criminal act within five (5) years immediately preceding the application, where such misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code or the criminal code of the jurisdiction in which the offense was charged, or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act or other statutes or ordinances.
The statement shall also indicate that the applicant, partner or corporate officer or 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 the sale of controlled substances or illegal drugs or narcotics.
viii.
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant, or of all partners if the applicant is a partnership, or of all corporate officers and directors if the applicant is a corporation, or in the case of a limited liability company, the managing member.
ix.
If the applicant is a corporation, a current certificate of registration issued by the Missouri Secretary of State.
x.
A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provision of this Division.
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed. |
(b)
Sexually Oriented Business Manager Or Entertainer's License. An application for a sexually oriented business manager or entertainer license for work at a sexually oriented business in the City shall be obtained from the City Clerk. A notarized application shall be submitted in the name of the person proposing to be a sexually oriented business manager or entertainer. All applications shall contain the following information:
i.
The home telephone number, occupation, date and place of birth and Social Security number of the applicant.
ii.
The business name, address and telephone number of the business where the applicant intends to work and an intent to hire statement from the sexually oriented business that is licensed or that has applied for a license under the provisions of this Division.
iii.
A statement from the applicant that the applicant has not been convicted of, released from confinement of, or diverted from prosecution on:
1.
A felony criminal act within five (5) years immediately preceding the application; or
2.
A misdemeanor criminal act within five (5) years immediately preceding the application, where such misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Missouri Criminal Code, or the criminal code of the jurisdiction in which the offense was charged, or involved controlled substances or illegal drugs or narcotic offenses as defined in the Missouri Controlled Substances Act[1] or other statutes or ordinances. The statement shall also indicate that the applicant has not been convicted of 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.
iv.
Documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted.
v.
A full set of fingerprints and a photograph of the applicant, to be taken by the Police Department.
vi.
A statement signed under oath that the applicant has personal knowledge of the information contained within the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Division.
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed. |
(c)
Application processing. Upon submission of a complete application for a sexually oriented business license, or a sexually oriented business manager, or entertainer license, the City Clerk will transmit one (1) copy of the application to the Chief of Police and one (1) copy to the Director of Public Works. The Police Department shall review the information contained therein, perform a background check, and verify the qualification of the applicant. Additionally, the Director of Public Works will determine whether the structure of the sexually oriented business complies with the requirements and meets the standards of the applicable health, zoning, building, fire, and property maintenance ordinances of the City. The Chief of Police and the Director of Public Works shall report results to the City Clerk no later than ten (10) working days from the date the application is received by the City Clerk.
[R.O. 1985 § 13-169; Ord. No. 4001, § 1, 9-26-2006]
(a)
If the application for a license of a sexually oriented business, or for a manager or entertainer of a sexually oriented business is in proper form, accompanied by the appropriate license fee, the City Clerk shall examine the application. If after such examination, the City Clerk determines that the applicant is qualified, has met the requirements of the Chief of Police and the Director of Public Works, and has met all requirements set forth in this Article, the City Clerk will approve a license as provided for by law. The City Clerk must provide the applicant with a response within sixty (60) days of the submission of the completed application for the sexually oriented business. No incomplete application will be processed.
(b)
If an application of a license is not approved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known address and the notification shall state the bases for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law.
(c)
The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business.
(d)
A single license will authorize the operation of only one (1) sexually oriented business; more than one (1) business use within a licensed business is prohibited.
(e)
No person is eligible nor shall licenses be issued to a sexually oriented business or manager, employee or entertainer if the applicant does not meet the requirements set forth in this Division or one (1) of the following requirements is not met:
(1)
The applicant failed to supply all of the information requested on the application;
(2)
The applicant gave false, fraudulent or untruthful information on the application;
(3)
The applicant's proposed business premise does not comply with or meet the ordinances of the City, provided, that upon a showing that the premises meet said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the City;
(4)
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the offenses set forth in Section 13-168(a)vii or 13-168(b)iii, during the time period set forth in said Subsection;
(5)
The applicant or applicant's spouse has had an adult entertainment license revoked or suspended in this or any other City during the past five (5) years.
[R.O. 1985 § 13-170; Ord. No. 4001, § 1, 9-26-2006]
(a)
A license may be renewed by making application to the City Clerk on the application forms provided. Licenses shall expire on June 30 of each year, and renewal application for such licenses shall be submitted by June 1 of each year.
(b)
Upon payment of license fee and review of the application by the City Clerk, the City Clerk shall renew the license for an additional license year if conditions under which the original license was issued have not changed. If the application for renewal of a license is not made during the time provided in Subsection (a) of this Section, the expiration of such license shall not be affected and a new application shall be required.
(c)
License will not be renewed if the applicant is overdue in the payment to the City of taxes, fees, fines, or penalties assessed against the business or imposed upon the business in relation to the sexually oriented business.
[R.O. 1985 § 13-171; Ord. No. 4001, § 1, 9-26-2006]
(a)
Licenses issued under this Division shall not be transferable, either to any person, persons or other entities.
(b)
The City Clerk may suspend a license for a period not to exceed thirty (30) days upon a determination that a licensee or employee has violated any part of this Article. Said suspension shall be issued in writing mailed by certified mail, return receipt requested, to the licensee at the address of the establishment or at the home of the licensee or served by process server at the usual place of abode of the licensee or at the address of the establishment. If a suspension is issued for a correctable violation, said suspension shall be terminated upon verification by inspection that the correction has been made which shall be determined no later than forty-eight (48) hours after receipt of written notice of correction by the City Clerk.
(c)
The City Clerk shall revoke any license where any of the following occur:
i.
The sexually oriented business license or the sexually oriented business manager or entertainer license was obtained through false statements in the application for such license, or renewal thereof; or
ii.
The sexually oriented business license or sexually oriented business manager or entertainer licensee failed to make a complete disclosure of all information in the application for such license or renewal thereof; or
iii.
The owner/operator, any partner, any corporate officer, director, employee, manager, or entertainer holding a sexually oriented business license has become disqualified from having a license by a conviction as provided in Section 13-168(a)vii or 13-168(b)iii; or
iv.
The owner/operator, any partner, any corporate officer, director, employee, manager or entertainer holding a sexually oriented business license has two (2) or more violations of Sections 13-172, 13-173, 13-174, 13-175, 13-179, to which he or she has received written notice.
[R.O. 1985 § 13-172; Ord. No. 4001, § 1, 9-26-2006]
An applicant who has been denied either an initial license or a renewal license, or whose license has been suspended or revoked may appeal the City Clerk's decision by filing a written notice of appeal to the Board of Aldermen within ten (10) days of the City Clerk's decision. The Board of Aldermen shall schedule a public hearing of such appeal within two (2) weeks of filing of the written notice of appeal, or as soon thereafter as is possible if the Board of Aldermen is not in session when the notice of appeal is filed. The Board of Aldermen shall affirm the decision of the City Clerk if it finds that the conditions pertinent to issuance or maintenance of a license have not been met. An applicant aggrieved by any decision shall have the right to seek judicial review as is permitted by applicable State law.
[R.O. 1985 § 13-173; Ord. No. 4001, § 1, 9-26-2006]
(a)
No sexually oriented business shall be located or situated at a distance of less than five hundred (500) feet from any property occupied by a public or private school, day care center, church or place of worship, hospital, public park, regional mall or any property used for residential purposes. Measurements shall be made in a straight line without regard to intervening structures or objects, from the front door of the sexually oriented business to the nearest point on the property boundary of the tract occupied by the school, church, hospital, park, licensed child-care center, regional mall or residential parcel.
(b)
No sexually oriented business shall be located or situated at a distance of less than one thousand (1,000) feet from another sexually oriented business. Measurements shall be made in a straight line without regard to intervening structures or objects, from the front door of the sexually oriented business to the front door of another sexually oriented business.
[R.O. 1985 § 13-174; Ord. No. 4001, § 1, 9-26-2006]
(a)
It shall be unlawful for any entertainer, employee, or customer to fondle, caress, or touch any customer or other entertainer or employee in a manner in or on a specified anatomical area or for any customer to fondle, caress, or touch any entertainer or employee or other customer in any manner in or on a specified anatomical area, whether such specified anatomical areas are clothed, unclothed, covered, or exposed.
(b)
No employee or entertainer 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.
(c)
No entertainer or employee shall solicit, demand, or receive any payment or gratuity from any patron or customer for any act prohibited by this Article and no entertainer or employee shall receive any payment or gratuity from any customer for any entertainment regulated hereunder.
(d)
It shall be unlawful for an entertainer or employee to be visible from the exterior of the sexually oriented business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
(e)
It shall be unlawful to operate a sexually oriented business 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.
[R.O. 1985 § 13-175; Ord. No. 4001, § 1, 9-26-2006]
(a)
At least one (1) licensed sexually oriented business manager shall be on duty during all hours of operation. The name and license number of the manager on duty shall be prominently posted during business hours.
(b)
It shall be the responsibility of the manager on duty to verify that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license issued by the City.
(c)
It shall be the responsibility of the manager to post and enforce a "no loitering" policy.
(d)
It shall be the responsibility of the manager to ensure all standards and obligations of the license are maintained.
(e)
The licensed sexually oriented business must notify the City within seventy-two (72) hours of the termination or resignation of any licensed manager.
[R.O. 1985 § 13-176; Ord. No. 4001, § 1, 9-26-2006]
(a)
No sexually oriented business may be open or in use between the hours of 1:30 a.m. and 10:00 a.m.
(b)
Only persons eighteen (18) years of age or older shall be permitted on the premises of any sexually oriented business.
(c)
The premises of all sexually oriented businesses shall be physically arranged in such a manner that there is an unobstructed view of the entire premises, excluding restrooms, dressing rooms, and storage space. Visibility of common areas shall not be blocked or obscured by doors, curtain, drapes or any other obstruction whatsoever.
(d)
Ventilation and sanitation requirements. The premises of all sexually oriented businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in sanitary condition.
(e)
No owner, operator, manager or other person in charge of a sexually oriented business 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 act of prostitution or patronizing prostitution on the premises; or
(4)
Knowingly allow or permit a violation of this Article or any other City ordinance or provision or State law.
[R.O. 1985 § 13-177; Ord. No. 4001, § 1, 9-26-2006]
(a)
General standards.
(1)
The premise of all sexually oriented businesses will be so constructed as to include a foyer, partition, or other physical barrier on all customer entrances that will ensure 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,
(2)
Design must ensure that the manager has visual control of the premises using a system that will provide continuous monitoring of blind spots or remote parts of the premises.
(3)
Lighting required. The premises of all sexually oriented business 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 one (1) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or upon the premises.
(4)
Design must ensure access control in order to prevent any attempted or accidental entry by a minor.
(5)
The business must provide restrooms for customer use.
(b)
Design standards for businesses with live or film entertainment.
(1)
Stage must be elevated eighteen (18) inches above floor level and the stage must have a railing in place on the floor that keeps customers at least thirty-six (36) inches away from the stage.
(2)
Performers must remain on stage during the performance.
(3)
Live entertainment must occur in a space of at least six hundred (600) square feet.
[R.O. 1985 § 13-178; Ord. No. 4001, § 1, 9-26-2006; Ord. No. 5496, 10-22-2024]
(a)
It shall be unlawful for a sexually oriented business to erect, construct or maintain any sign for the sexually oriented business except for one (1) primary and one (1) secondary sign.
(b)
Primary signs shall have no more than two (2) display surfaces which shall:
(1)
Not contain any flashing lights;
(2)
Be rectangular in shape;
(3)
Conform to the City of Crestwood's sign code; and
(4)
Not contain a photograph, silhouette, drawing or pictorial representation of any kind, and may display only the name of the sexually oriented business, and one (1) or more of the following: "adult bookstore," "adult movie (or video) theater," "adult novelties," "adult entertainment."
(e)
Any sign located on the premises of a commercial multi-unit center containing an enterprise that displays the name, or a portion of the name of the enterprise, any name under which any enterprise was formerly operated on the premises, or that contains any of the terms set forth in Subsection (b)(4) of this Article, or any other terminology that is commonly used to identify, or is associated with the presence of a sexually oriented business, shall comply with the restrictions of this Article. The intent of this Subsection is to prevent the use of the signage identifying the commercial multi-use center itself as a subterfuge to evade the restriction on sexually oriented business signs set forth in this Article.
[R.O. 1985 § 13-179; Ord. No. 4001, § 1, 9-26-2006]
Any sexually oriented business licensed under this Division shall comply with all other requirements of the Codes of the City of Crestwood as now or in the future may be adopted.
[R.O. 1985 § 13-180; Ord. No. 4001, § 1, 9-26-2006]
An applicant or licensee shall permit representatives of the Police Department, Fire Department, or Public Works Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or hinder such officer in any manner.
[R.O. 1985 § 13-181; Ord. No. 4001, § 1, 9-26-2006]
If any Section, Subsection or clause of this Division shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, Subsections and clauses shall not be affected thereby.
[R.O. 1985 § 13-182; Ord. No. 4001, § 1, 9-26-2006]
Any violation of any part of this Division shall be deemed an ordinance violation and shall be subject to all penalties as provided in Section 1-6 this Code.