[Ord. No. 19-2261, 7-15-2019]
A.
Purpose. It is the purpose of this Chapter to regulate sexually oriented
businesses in order to promote the health, safety, 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 material.
B.
Findings. Based on evidence concerning the adverse secondary effects
of sexually oriented uses on the community presented in hearings and
in reports made available to the City of Manchester Board of Aldermen,
and on findings incorporated in the cases of City of Renton v. Playtime
Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres,
426 U.S. 50(1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990);
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v.
Pap's A.M., 120 S. Ct. 1382 (2000), and on studies in other communities,
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota;
St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Garden Grove, California; Los Angeles, California; Whittier,
California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma;
Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia;
Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin;
and also on findings from the Report of the Attorney General's
Working Group on the Regulation of Sexually Oriented Businesses (June
6, 1989, State of Minnesota), and more recently the Survey of Texas
Appraisers — Secondary Effects of Sexually-Oriented Businesses
on Market Values & Secondary Effects of "Off-Site" Sexually-Oriented
Businesses (June 2008, Texas City Attorney's Association), the
Board of Aldermen finds:
1.
Research and studies of municipalities throughout this country
indicate that the presence of sexually oriented businesses is consistently
and strongly associated with perceived decreases in value of both
residential and commercial properties and the facilitation of illicit
and undesirable activities.
2.
Research and studies of municipalities also show that sexually
oriented businesses can adversely affect the character and quality
of life of a town and can be incompatible with surrounding uses, particularly
when the sexually oriented businesses are concentrated within a limited
geographic area or are located in proximity to residences, day care
centers, schools, houses of worship, public parks or recreational
areas, or another sexually oriented business.
3.
Sexually oriented businesses lend themselves to ancillary unlawful
and unhealthy activities that are presently uncontrolled by the operators
of the establishments. Further, there is presently no mechanism to
make the owners of these establishments responsible for the activities
that occur on their premises.
4.
Certain employees of sexually oriented businesses, defined in
this Chapter as adult theaters and adult cabarets, engage in higher
incidence of certain types of illicit sexual behavior than employees
of other establishments.
5.
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.
6.
Offering and providing such space encourages such activities,
which creates unhealthy conditions.
7.
Persons frequent certain adult theaters, adult arcades, and
other sexually oriented businesses for the purpose of engaging in
sex within the premises of such sexually oriented businesses.
8.
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
and shigella infections.
9.
Since 1981 and to the present, there has been an increasing
cumulative number of reported cases of AIDS (acquired immunodeficiency
syndrome) caused by the human immunodeficiency virus (HIV) in the
United States: Six hundred (600) in 1982; two hundred fifty-three
thousand four hundred forty-eight (253,448) in 1992; and one million
two hundred eighty-one thousand seven hundred eighty-seven (1,281,787)
in 2017.
10.
As of 2016, there are twelve thousand one hundred four (12,104)
persons reportedly living with AIDS in the State of Missouri.
11.
Since 1981 and to the present, there have been an increasing
cumulative number of persons testing positive for the HIV antibody
test with one million eight thousand nine hundred twenty-nine (1,008,929)
diagnoses reported in the United States in 2016.
12.
The number of cases of gonorrhea in the United States reported
annually remains at a high level, with nearly one-half million (500,000)
cases being reported in 2016.
13.
In Missouri, reported cases of acute viral hepatitis C, acute
viral hepatitis B, Hepatitis A, primary and secondary syphilis, chlamydia,
and gonorrhea have all increased over the previous year.
14.
In his report of October 22, 1986, the Surgeon General of the
United States has advised the American public that AIDS and HIV infection
may be transmitted through sexual contact, intravenous drug abuse,
exposure to infected blood and blood components, and from an infected
mother to her newborn.
15.
According to the best scientific evidence, AIDS and HIV infection,
as well as syphilis and gonorrhea, are principally transmitted by
sexual acts.
16.
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 the operators of the facilities
to self-regulate those activities and maintain those facilities.
17.
Numerous studies and reports have determined that semen is found
in the areas of sexually oriented businesses where persons view "adult"
oriented films.
18.
Research and studies show that crime increases in the vicinity
of sexually oriented businesses and that a store that sells sexually
explicit media and miscellaneous adult merchandise exclusively for
off-site use attracts the same soft target patrons, causing thereby
the same crime-related secondary effects found for on-site sexually
oriented businesses.
D.
Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
E.
A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the operators
of the sexually oriented businesses. Further, such a licensing procedure
will place an incentive on the operators to see that the sexually
oriented business is run in a manner consistent with the health, safety,
and welfare of its patrons and employees, as well as the citizens
of the City. It is appropriate to require reasonable assurances that
the licensee is the actual operator of the sexually oriented business,
fully in possession and control of the premises and activities occurring
therein.
F.
Removal of doors on adult booths and requiring sufficient lighting
on premises with adult booths advances a substantial governmental
interest in curbing the illegal and unsanitary sexual activity occurring
in adult theaters.
G.
Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incidence of certain types of criminal behavior by facilitating
the identification of potential witnesses or suspects and by preventing
minors from working in such establishments.
H.
The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related
to the significant governmental interest in the operation of such
uses, will aid in preventing the spread of sexually transmitted diseases.
I.
It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this Chapter is designed to prevent
or who are likely to be witnesses to such conduct.
J.
The fact that an applicant for an adult use license has been convicted
of a sexually related crime leads to the rational assumption that
the applicant may engage in that conduct in contravention of this
Chapter.
K.
The barring of such individuals from the management of adult uses
for a period of years serves as a deterrent to, and prevents conduct
which leads to, the transmission of sexually transmitted diseases.
L.
The general welfare, health, morals, and safety of the citizens of
the City of Manchester will be promoted by the enactment of this Chapter.
[Ord. No. 19-2261, 7-15-2019]
As used in this Chapter, the following terms shall have the
meanings indicated:
The City Administrator of Manchester or his/her designee.
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.
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.
Any business which offers its patrons goods or services of
which a substantial portion are sexually oriented materials, sexually-oriented
toys or novelties or sexually oriented entertainment or any combination
thereof. Any business where more than ten (10%) percent of display
space is used for sexually oriented materials and/or sexually-oriented
toys or novelties shall be presumed to be a sexually oriented business.
The definition of sexually oriented business also, includes, but is
not limited to, any business which offers its patrons goods or services
of which a substantial portion consists of any, all or a combination
of the following:
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ADULT MEDIA OUTLET — A 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.
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ADULT NEWSRACK — Any 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.
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ADULT RETAIL ESTABLISHMENT — A business that
displays or offers goods for sale or rent items from any two (2) of
the following categories: sexually-oriented toys or novelties; lingerie;
clothing, apparel or accessories that graphically depict specified
anatomical areas; leather goods designed or marketed for use for sexual
bondage or sadomasochistic practices.
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SEXUALLY ORIENTED MATERIAL — Any device or
any other items intended to provide sexual stimulation or sexual gratification
to the customer, including, but not limited to any book, magazine,
newspaper or other printed or written matter, picture, drawing, photograph,
motion picture film, video, pictorial representation, statue, figure,
or other three-dimensional object, recording, transcription or anything
which is or may be used as a means of communication that depicts,
describes, or portrays human sexual intercourse, sodomy, bestiality,
oral copulation, masturbation, urinary and defecatory functions, sadism,
masochism, sadomasochistic abuse, exhibition of the genitals or any
touching of the genitals, pubic areas, or buttocks of the human male
or female, whether alone, or between members of the same or opposite
sex, or between humans and animals, in an act of apparent sexual stimulation
or gratification.
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SEXUALLY ORIENTED ENTERTAINMENT — Any business
to which the public, patrons or members are invited or admitted, and
where providing sexually oriented entertainment, as defined herein,
is a regular and substantial portion of its business. The definition
of sexually oriented entertainment, includes, but is not limited to,
any and all of the following specific types of sexually oriented entertainment:
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1.
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ADULT MOTION PICTURE THEATER — An establishment with a
screen or projection area(s), 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 area(s).
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2.
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ADULT THEATER — An 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 performer(s), for observation by patron(s).
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3.
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ADULT ENTERTAINMENT CABARET — An 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 materials 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.
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4.
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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.
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5.
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ADULT ENCOUNTER PARLOR — An 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 patron(s).
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6.
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ADULT MOTEL — An enterprise where a regular and substantial
portion of its business is offering public accommodations, containing
more than one hundred fifty (150) square feet of gross floor area,
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 periodical) for observation by patrons
therein and which rents room accommodations for less than six (6)
hours at a time.
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7.
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ADULT ENTERTAINMENT — 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.
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8.
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ADULT MEDIA — 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 area(s).
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9.
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BATH HOUSE — An 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.
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SEXUALLY-ORIENTED TOYS OR NOVELTIES — 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:
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1.
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Expert testimony as to the principal use of the item;
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2.
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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;
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3.
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National and local advertising concerning the use of the item;
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4.
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Evidence of advertising concerning the nature of the business
establishment;
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5.
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Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
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6.
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The physical or structural characteristics of the item; or
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7.
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The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
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Includes any of the following:
Includes any of the following:
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts; or
Actual or simulated acts of sexual intercourse, masturbation,
sodomy or oral copulation; or
Excretory functions as part of or in connection with any of
the activities set forth in paragraphs (1) or (2) of this definition.
[Ord. No. 19-2261, 7-15-2019]
A.
It is unlawful for any person to operate or maintain a sexually oriented
business in the City unless the owner of the sexually oriented business
has obtained a sexually oriented 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 person to work as an entertainer, server or
manager at a sexually oriented entertainment business without first
obtaining a license to do so from the City, or to work as an entertainer,
server or manager at a sexually oriented business after such person's
license to do so has been revoked or suspended.
C.
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 sexually oriented business.
D.
The failure to post a sexually oriented 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 a sexually oriented business
in which an adult business license is not posted in the manner required
herein had knowledge that such business is not licensed.
E.
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
area(s) 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 a sexually oriented 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.
[Ord. No. 19-2261, 7-15-2019]
A.
A sexually oriented entertainment business which exhibits on the
premises in a viewing room of less than one hundred fifty (150) square
feet of floor space a film, video cassette, or other video reproduction
which depicts human sexual intercourse, sodomy, bestiality, oral copulation,
masturbation, urinary or defecatory functions, sadism, masochism,
sadomasochistic abuse, exhibition of the genitals or any touching
of the genitals, pubic areas, or buttocks of the human male or female,
whether alone, or between members of the same or opposite sex, or
between humans and animals, in an act of apparent sexual stimulation
or gratification, which items are intended to provide sexual stimulation
or sexual gratification to the customer, shall comply with the following
requirements:
1.
Each application for a license shall contain a diagram of the
premises showing the location of all of the managers' stations,
viewing rooms, lighting fixtures, video cameras and monitors installed
for monitoring purposes and restrooms, and shall designate all portions
of the premises in which customers will not be permitted. Restrooms
shall not contain video reproduction equipment. The diagram shall
also designate the place at which the permit will be conspicuously
displayed, if granted. A professionally prepared diagram in the nature
of an engineer's or architect's blueprint shall not be required;
however, each diagram shall be oriented to the north or to some designated
roadway or object and shall 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 Administrator 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. The application
shall be certified to be true and correct by the applicant, and no
alteration in the configuration or location of a managers' station
or viewing room may be made without the prior approval of the City
Administrator.
2.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to ensure that each viewing room is visible
from a continuous main aisle and remains unobstructed by any doors,
curtains, walls, merchandise, display racks or other materials or
enclosures at all times that any customer is present on the premises
and to ensure that no customer is permitted access to any area of
the premises which has been designated in the application as an area
in which customers will not be permitted.
3.
The interior premises, with the exception of any viewing rooms
and the aisles contiguous to each viewing room, shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate
every place to which customers are permitted access at an illumination
of not less than one (1) footcandle as measured at floor level. Each
viewing room and the aisles contiguous to such viewing room shall
be illuminated with lighting fixtures of sufficient intensity to provide
an illumination of not less than three-fourths (3/4) footcandle as
measured at three (3) feet above floor level. It shall be the duty
of the licensee to ensure that the illumination described above is
maintained at all times that the premises are open for business.
4.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to ensure that no act of sexual intercourse,
oral sexual contact, or sexual contact, including masturbation, occurs
in or on the licensed premises.
5.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to ensure that not more than one (1)
person is present in a viewing room at any time.
6.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to ensure that no openings of any kind
exist between viewing rooms, and to make regular inspections for the
purpose of so ensuring.
7.
The licensee shall post conspicuous signs or notices advising
customers that no act of sexual intercourse, oral sexual contact,
or sexual contact, including masturbation is permitted on the premises,
and that not more than one (1) person is permitted in a viewing room
at any time, and that no openings of any kind are permitted to exist
or to be made between viewing rooms.
8.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to ensure that all wall surfaces, seating
surfaces and floor coverings in viewing rooms, or any room or area
providing patron privacy, are constructed of, or permanently covered
by, non-porous, easily cleanable materials, with no rugs or carpeting.
9.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to ensure that the premises are clean
and sanitary at all times. Cleaning procedures shall include all of
the following:
a.
The licensee shall maintain a regular cleaning schedule, documented
by appropriate logs, and shall employ sufficient personnel to assure
the establishment is clean.
b.
The licensee shall provide an employee to check all areas for
garbage, trash, bodily fluids and excrement and to remove and clean
all areas with a disinfectant. All solid waste generated by the business
shall be collected from the premises for lawful disposal at least
twice weekly. Prior to collection solid waste shall be stored in a
manner that prevents access by animals or members of the public and
will not facilitate the creation of a health nuisance.
c.
Thorough cleaning of the entire interior of any room providing
customer privacy shall be done using a disinfectant. Cleaning shall
include floors, walls, doors, seating, monitors, video cameras, windows
and other surfaces.
10.
It shall be the duty of the licensee to ensure that any seating
within a viewing room is designed to accommodate one (1) person only.
11.
It shall be the duty of the licensee to provide in a conspicuous
place on the premises free information relating to the prevention
of sexually transmitted diseases, including AIDS.
12.
It shall be the duty of the licensee and of any employees of
the licensee at the premises to monitor the number of occupants in
a viewing room.
[Ord. No. 19-2261, 7-15-2019]
A.
Nudity Prohibited. No manager, employee, server, entertainer or patron
in a sexually oriented business other than a licensed bath house shall
be nude, or clothed in less than opaque attire.
B.
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 a sexually oriented business.
C.
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.
D.
No employee, server, entertainer or patron of a sexually oriented
business while on the premises of a sexually oriented 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.
E.
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 a sexually oriented 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 a sexually oriented 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.
F.
Hours Of Operation. No Sexually Oriented Business may be open or
in use:
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Between the hours of 12:01 A.M. and 8:00 A.M. Monday through
Saturday; nor
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Between the hours of 12:01 A.M. Sunday and 8:00 A.M. Monday;
nor
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Between the hours of 12:01 A.M. and 11:59 P.M. on public holidays,
as defined in Section 9.010 of the Revised Statutes of the State of
Missouri.
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[Ord. No. 19-2261, 7-15-2019]
A.
Application for a license under this Chapter may be made by submitting
to the City Administrator a completed application in such form as
may be prescribed by the City Administrator to ensure compliance with
this Chapter, along with a check or money order in the amount of one
hundred ninety dollars ($190.00) for an initial license and one hundred
forty dollars ($140.00) for a renewal license. Application forms may
be obtained from the Department of Planning. The City Administrator
is authorized to utilize the Manchester Police Department, the Department
of Planning, or any department of the City which in the opinion of
the City Administrator may provide information pertinent to the sufficiency
of the application for license. All applications shall be submitted
in the name of the person who owns the sexually oriented business.
The application shall be signed by the applicant. If the applicant
is a corporation, the application shall be signed by its President
(or chief executive officer if another form of legal entity). 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, primary telephone number and occupation
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 and residence addresses 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 a twenty-five (25%) percent 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 (25%) percent 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 revocation 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.
A felony within the five (5) years immediately preceding the
application; or
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.
B.
The City Administrator shall notify any applicant for a license within
thirty (30) days of receiving the completed application whether the
license shall be issued or denied.
C.
No license shall issue for any sexually oriented business if:
1.
The proposed location of said business is within one thousand
(1,000) linear feet from any of the following preexisting land uses,
which have been determined by the Board of Aldermen to be inconsistent
with the operation of a sexually oriented business, measured in a
straight line from the nearest property line to the nearest property
line:
a.
Any Residence District;
b.
A regular place of religious worship;
c.
A public or private school;
d.
A public or private university or college;
e.
A hospital or nursing home;
f.
A licensed day care for children;
g.
A public park;
h.
A cultural institution, such as a museum; or
i.
A pre-existing sexually oriented business; or
2.
The applicant has been convicted of any of the offenses set
out within Chapter; or
3.
The Applicant, if granted a license, will be in violation of
Sections 573.525 — 573.537, RSMo., or
4.
The applicant knowingly failed to supply all of the information
requested on the application; or
5.
The applicant knowingly gave materially false, fraudulent or
untruthful information on the application; or
6.
The applicant's proposed business premises do 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; or
7.
The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes set forth in this
Chapter during the time period set forth herein; or
8.
The applicant has had a sexually oriented business license or
comparable license revoked or suspended in this or any other City
during the past five (5) years.
D.
If a sexually oriented business is in operation at the time this
Chapter is enacted, and has submitted to the City Administrator a
properly completed application for a license and licensing fee, it
may continue to operate until such time as the applicant is notified
of the denial or revocation of any license issued or to be issued
pursuant to this Chapter. Applications shall be made within twenty-one
(21) days of the date this Chapter becomes effective, and failure
so to apply shall be construed as a voluntary relinquishment of any
right to operate such sexually oriented business.
E.
The City Administrator shall issue a license if the information submitted
in the application, along with any other pertinent information available
to the City Administrator, demonstrates that the business to be licensed
complies with the provisions of this Chapter.
[Ord. No. 19-2261, 7-15-2019]
A.
All persons desiring to secure a license to be a manager, server
or entertainer shall make a verified application with the City Administrator.
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 Administrator and shall require
all of the following information:
1.
The applicant's name, home address, primary telephone number
and any stage names or nicknames used in entertaining.
2.
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.
3.
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.
4.
The applicant shall present to the City Administrator, 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:
a.
A motor vehicle operator's license issued by any State,
bearing the applicant's photograph and date of birth;
b.
A State-issued identification card bearing the applicant's
photograph and date of birth;
c.
An official and valid passport issued by the United States of
America;
d.
An immigration card issued by the United States of America;
e.
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Administrator; or
f.
Any other form of identification deemed reliable by the City
Administrator.
B.
Failure to provide the information required herein shall constitute
an incomplete application. The City Administrator 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
Administrator.
C.
No person is eligible nor shall a license be issued to an applicant
for a manager, server or entertainer license if one (1) or more of
the following conditions exist:
1.
The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes set forth in this
Chapter during the time period set forth herein;
2.
The applicant knowingly failed to provide all of the information
required on the application;
3.
The applicant knowingly gave materially false, fraudulent or
untruthful information on the application;
4.
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.d
[Ord. No. 19-2261, 7-15-2019]
Licensees desiring to renew current licenses shall, not less
than thirty (30) days prior to the expiration of the license, file
with the City Administrator an application for renewal. Upon payment
of the license fee as provided for herein, the City Administrator
shall renew the license for an additional license year if the conditions
under which the original license was issued have not changed.
[Ord. No. 19-2261, 7-15-2019]
The City Administrator, after a duly noticed hearing, may suspend
or revoke any license issued under this Code for violations of this
Code. The City Administrator shall hold the hearing upon ten (10)
days' notice and shall issue a decision thereon within seven
(7) working days of the hearing.
[Ord. No. 19-2261, 7-15-2019]
An applicant who has been denied either an initial license or
a renewal license by the City Administrator, may appeal the City Administrator's
decision by filing with the City Clerk a written notice of appeal
within ten (10) days of the denial.
[Ord. No. 19-2261, 7-15-2019]
An applicant aggrieved by a decision of the City Administrator
relating to the denial of either an initial license or a renewal license,
or the suspension or revocation of their license may appeal the City
Administrator's decision by filing with the City Clerk a written
notice of appeal with ten (10) days of the final decision of the City
Administrator. 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 Administrator if it
finds by clear and convincing evidence that the conditions pertinent
to issuance of a license have not been met. An applicant aggrieved
by any decision shall have the right to seek judicial review at any
time during the process as is permitted by applicable State law.
[Ord. No. 19-2261, 7-15-2019]
The City Administrator shall quarterly inspect any sexually
oriented business within the City's authority to determine compliance
with any of the provisions of this Chapter. The fee for such inspections
shall be fifty-five dollars ($55.00) per inspection. The City Administrator
may request the assistance of the Manchester Police, the Manchester
Department of Planning and Community Development, the St. Louis County
Department of Health, the Manchester Department of Public Works, or
any department or division of the City which the City Administrator
deems useful in making such inspections as the City Administrator
deems necessary.
[Ord. No. 19-2261, 7-15-2019]
A.
Every person duly licensed to operate as a sexually oriented business
shall post such license in a conspicuous place and manner on the sexually
oriented business premises.
B.
All persons holding a server, manager or entertainer license shall
post their license in their work area on the sexually oriented business
premises so it shall be readily available for inspection by City authorities
responsible for enforcement of this Chapter.
[Ord. No. 19-2261, 7-15-2019]
A.
A manager shall be on duty at all sexually oriented 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 sexually oriented 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 ensure minors
do not enter upon the premises of a sexually oriented entertainment
business.
[Ord. No. 19-2261, 7-15-2019]
A.
Whenever the City Administrator has information that:
1.
The owner or operator of a sexually oriented 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 a sexually oriented business knew or should have known that such
violations were committed; or
3.
The sexually oriented business licensee or the manager, server
or entertainer license was knowingly obtained through false statements
in the application for such license, or renewal thereof; or
4.
The sexually oriented 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; or
5.
The owner or operator, or any partner, or any corporate officer
or director holding a sexually oriented business license has become
disqualified from having a license by a conviction as provided herein;
or
6.
If the owner or operator of a sexually oriented business or
the holder of a manager, server or entertainer license has become
disqualified from having a license by a conviction as provided herein.
B.
The City Administrator shall make this information known to the Board
of Aldermen, which shall conduct a public hearing to determine whether
the license should be suspended or revoked.
C.
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 year; or
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 this 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.
[Ord. No. 19-2261, 7-15-2019]
A.
In any instance in this Chapter wherein a hearing is required, the
City Administrator or Board of Aldermen (as applicable) 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 sexually oriented 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 sexually oriented 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/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 City Administrator or Board of Aldermen (as applicable) may receive
evidence relevant to the issues from the applicant or licensee. Witnesses
may be subpoenaed, and upon request of any party, the City Administrator
or Board of Aldermen (as applicable) 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 City Administrator or Board of Aldermen (as applicable) 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 order of the City Administrator or Board of Aldermen (as
applicable) 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 City Administrator or Board
of Aldermen (as applicable) 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 sexually oriented entertainment business and such posting shall
be a valid means of service.
[Ord. No. 19-2261, 7-15-2019]
Following the entry of an order 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 Administrator 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.
[Ord. No. 19-2261, 7-15-2019]
A.
The City may sue in the Circuit Court of St. Louis County, Missouri,
for an injunction to prohibit the violation of any of the provisions
in this Chapter or other provisions of the Manchester Municipal Code
or provsions of State law including but not limited to Sections 573.525 —
573.537, RSMo.
B.
Violation of any of the provisions contained in this Chapter shall
be punishable by:
1.
A fine not to exceed one thousand dollars ($1,000.00) per Section
546.902, RSMo.; or
2.
Confinement in jail for a term not to exceed three (3) months;
or
3.
Both such fine and confinement;
|
recoverable with costs of suit, together with judgment of imprisonment,
until the fine and costs are paid or satisfied.
|
[Ord. No. 19-2261, 7-15-2019]
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
thereunder appertaining shall continue in full force and effect.
[Ord. No. 19-2261, 7-15-2019]
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.
