[CC 1990 § 17-151; Ord. No. 2181 § 2, 7-18-2005]
A.
It is the purpose of this Article to regulate sexually oriented businesses
to promote the health, safety and general welfare of the residents
of the City; to protect and preserve the quality, property values
and character of the City; to prevent the concentration of sexually
oriented businesses within the City; and to minimize the potential
negative impacts of sexually oriented businesses on residential areas,
churches, schools and public areas.
B.
It is expressly not the intent or effect of this Article to impose
a limitation or restriction on the content of any communicative materials,
including sexually oriented materials. Nor is it the intent or effect
of this Article 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.
C.
Adult Entertainment Facilities. It is the intent of the City that
the location regulations of this Article related to massage parlors,
nude studios, modeling studios and other similar commercial enterprises
whose major business is the offering of a service that is intended
to provide sexual stimulation or sexual gratification to the customer
are promulgated pursuant to the findings of the City in Resolution
No. 313.
[CC 1990 § 17-152; Ord. No. 2181 § 3, 7-18-2005]
The location of sexually oriented businesses is identified in
the zoning ordinance of the City of Chesterfield and allowed in areas
described as "adult entertainment areas" in the Planned Commercial
"PC" and Planned Industrial "PI," subject to the distance and licensing
requirements of this Article and other applicable zoning ordinance
regulations as established by the zoning ordinance of the City of
Chesterfield.[1]
[CC 1990 § 17-153; Ord. No. 2181 § 4, 7-18-2005]
A.
The regulations contained in this Article do not apply to the following:
1.
Any business operated by or employing psychologists, physical
therapists, athletic trainers, masseuses, licensed massage therapists,
cosmetologists or barbers licensed by the State of Missouri and performing
functions authorized under the licenses, or those persons or businesses
not engaged in prohibited specific sexual activities as defined herein.
2.
Any business operated by or employing physicians, osteopaths,
nurses or chiropractors, licensed by the State of Missouri, engaged
in practicing the healing arts;
3.
Any retail business whose major business is the offering of
wearing apparel for sale to customers; and
4.
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.
[CC 1990 § 17-154; Ord. No. 2181 § 5, 7-18-2005]
For the purposes of this Article and unless the context plainly requires otherwise, definitions can be found in Section 405.10.100.
[CC 1990 § 17-155; Ord. No. 2181 § 6, 7-18-2005]
A.
It shall be unlawful for any person to operate or maintain an adult
entertainment business in the City unless the owner, operator or lessee
thereof has obtained an adult entertainment business license from
the City or to operate such business after such license has been revoked
or suspended by the City.
B.
It is unlawful for any entertainer, employee or manager to knowingly
perform any work, service or entertainment directly related to the
operation of an unlicensed adult entertainment business.
C.
It shall be prima facie evidence that any adult entertainment business
that fails to have posted, in the manner required by this Section,
an adult entertainment business license 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 an
adult entertainment business in which an adult entertainment license
is not posted, in the manner required by this Section, had knowledge
that such business was not licensed.
[CC 1990 § 17-156; Ord. No. 2181 § 7, 7-18-2005]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[CC 1990 § 17-157; Ord. No. 2181 § 8, 7-18-2005]
A.
The license year for all fees required under this Article shall be
from each July first through June 30. The application for a license
shall be accompanied by payment in full of the fee stated in this
Section by certified or cashier's check or money order; and no application
shall be considered complete until such fee is paid.
B.
All licenses shall be issued for a specific location and shall be
non-transferable.
[CC 1990 § 17-158; Ord. No. 2181 § 9, 7-18-2005]
A.
Adult Entertainment Business License. All persons desiring to secure
a license to operate an adult entertainment business under the provisions
of this Article shall make a notarized application with the City Clerk.
All applications shall be submitted in the name of the person proposing
to conduct or operate the adult entertainment business. All applications
shall be submitted on a form supplied by the City Clerk and shall
require the following information:
1.
The name, residence address, home telephone number, occupation,
date and place of birth and Social Security number of the applicant.
2.
The name of the adult entertainment business, a description
of the adult entertainment to be performed on the licensed premises
and the name of the owner of the premises where the adult entertainment
business will be located.
3.
The names, residence addresses, Social Security numbers and
dates of births of all partners, if the applicant is a partnership;
and if the applicant is a corporation, the same information for all
corporate officers and directors and stockholders who own more than
ten percent (10%) or greater interest in the corporation.
4.
The addresses of the applicant or of all partners or of all
corporate officers and directors for the five (5) years immediately
prior to the date of application.
5.
A description of the adult entertainment or similar business
history of the applicant or of all partners or of all corporate officers
and directors; whether any such person or entity, in previously operating
in this or another City, County or State, has had a business license
revoked or suspended, the reason therefor and the activity or occupation
subjected to such action, suspension or revocation.
6.
A statement of the business, occupation or employment of the
applicant, or of all partners, or of all corporate officers and directors
for the three (3) years immediately preceding the date of the application.
7.
Criminal History Statement.
a.
A statement from the applicant, or from each partner, or from
each corporate officer and director, that each such person has not
been convicted of, released from confinement for conviction 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 two (2) years
immediately preceding the application, where such felony or misdemeanor
criminal act involved sexual offenses, prostitution, promotion of
prostitution, sexual abuse of a child, pornography of related offenses
as defined in the Missouri Criminal Code or involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substances Act or other Statutes or ordinances.
b.
The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application, where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
8.
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.
9.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
10.
A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and that
the information contained therein is true and correct and that the
applicant has read the provisions of this Chapter regulating adult
entertainment businesses.
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Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
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B.
Adult Entertainment Manager, Server Or Entertainer's License. All
persons desiring to secure a license under the provisions of this
Article to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. All applications
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall
be submitted on a form supplied by the City Clerk and shall require
the following information:
1.
The applicant's name, home address, home telephone number, date
and place of birth, Social Security number and any stage names or
nicknames used in entertaining.
2.
The name and address of each adult entertainment business where
the applicant intends to work as a manager, server or entertainer
and an "intent to hire" statement from an adult entertainment business
that is licensed, or that has applied for a license, under the provisions
of this Article indicating the adult entertainment business intends
to hire the applicant to manage, serve or entertain on the premises.
3.
Criminal History Statement.
a.
A statement from the applicant that the applicant has not been
convicted of, released from confinement for conviction of, or diverted
from prosecution on:
(1)
A felony criminal act within five (5) years immediately
preceding the application, or
(2)
A misdemeanor criminal act within two (2) years
immediately preceding the application, where such felony or misdemeanor
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 involved controlled substances
or illegal drugs or narcotics offenses as defined in the Missouri
Controlled Substances Act or other Statutes or ordinances.
b.
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.
A full set of fingerprints and a photograph, to be taken by
the Police Department, of the applicant.
5.
Proof Of Age.
a.
The applicant shall present to the City Clerk who shall copy
documentation that the applicant has attained the age of eighteen
(18) years at the time the application is submitted. Any of the following
shall be accepted as documentation of age:
(1)
A motor vehicle operator's license issued by any
State bearing this applicant's photograph and date of birth;
(2)
A State-issued identification card bearing the
applicant's photograph and date of birth;
(3)
An official and valid passport issued by the United
States of America;
(4)
An immigration card issued by the United States
of America;
(5)
Any other form of picture identification issued
by a governmental entity that is deemed reliable by the City Clerk;
or
(6)
Any other form of identification deemed reliable
by the City Clerk.
b.
Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
C.
Application Processing. Upon receipt of a complete application for
an adult entertainment or an adult entertainment manager, server or
entertainer license, the City Clerk shall immediately transmit one
(1) copy of the application to the Chesterfield Police Department
for investigation of the application. It shall be the duty of the
Police Chief to investigate such application to determine whether
the information contained in the application is accurate and whether
the applicant is qualified to be issued the license applied for. The
Police Chief shall report the results of the investigation to the
City Clerk not later than ten (10) working days from the date the
application is received by the City Clerk. It shall be the duty of
the Director of Planning to determine whether the structure where
the adult entertainment business will be conducted complies with the
requirements and meets the standards of the applicable health, zoning,
building code, fire and property maintenance ordinances of the City.
The Director of Planning shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk. Upon receipt of the
reports from the Police Chief, the City Clerk shall schedule the application
for consideration by the Governing Body at the earliest meeting consistent
with the notification requirements established by law, provided the
license application for an adult entertainment business and for an
adult entertainment business manager, server or entertainer license
shall be approved or disapproved within forty-five (45) days from
the date of filing of a completed application with the City Clerk's
office. The applicant shall be notified in writing of the date when
the Governing Body will consider the application.
[CC 1990 § 17-159; Ord. No. 2181 § 10, 7-18-2005]
A.
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee (if applicable), the Governing Body shall examine the application and after such examination, the Governing Body shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible to Section 605.1240 or Section 605.1270.
B.
The record of the Governing Body shall show the action taken on the
application and if the license is granted, the Governing Body shall
direct the City Clerk to issue the proper license. The license shall
state that it is not transferable to other persons and the calendar
year for which it is issued. The license shall be kept posted in a
conspicuous piece in the place of business that is licensed or where
the licensee is working.
C.
If an application for a license is disapproved, the applicant shall
be immediately notified by registered or certified mail to the applicant's
last known address and the notification shall state the basis for
such disapproval. Any applicant aggrieved by the disapproval of a
license application may seek judicial review in a manner provided
by law.
[CC 1990 § 17-160; Ord. No. 2181 § 11, 7-18-2005]
A.
No person is eligible nor shall a license be issued to:
1.
An adult entertainment business applicant if one (1) or more
of the following conditions exist:
a.
The applicant's premises is located within one thousand two
hundred (1,200) feet of any school, religious institution, church,
public park, licensed child care facility or any property zoned for
residential use or City boundary. Measurements shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the applicant's enterprise
to the nearest point on the property line of such school, religious
institution, church, public park, day care facility or any property
zoned for residential use or City boundary.
b.
The applicant's premises is located within one thousand (1,000)
feet of any other adult entertainment business or establishment or
of any business licensed to sell or serve alcoholic beverages whether
or not such business is also an adult entertainment establishment
as defined herein. Measurements shall be made in a straight line,
without regard to intervening structures or objects, from the nearest
point on the property line of the applicant's enterprise to the nearest
point on the property line of such other adult entertainment business
or establishment or of any business licensed to sell or serve alcoholic
beverages whether or not such business is also an adult entertainment
establishment as defined herein.
c.
The applicant failed to supply all of the information request
on the application.
d.
The applicant gave false, fraudulent or untruthful information
on the application.
e.
The applicants proposed business premises does not comply with
or meet the requirements of the applicable health, zoning, building
code, fire and property maintenance ordinances of the City, provided
that upon a showing that the premises meets said requirements and
that the applicant is otherwise qualified, the application shall be
eligible for reconsideration by the Governing Body.
f.
The applicant or applicant's spouse has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 605.1250(A)(7)(b) during the time period set forth in said Section.
g.
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.
2.
An applicant for an adult entertainment manager, server or entertainer
if one (1) or more of the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in Subsection (A)(1) above;
b.
The applicant or applicant's spouse has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 605.1250(A)(7)(b) during the time period set forth in said Section, the fact a conviction is being appealed shall have no effect on the disqualification of applicant or applicant's spouse.
c.
The applicant failed to provide all of the information required
on the application.
d.
The applicant gave false, fraudulent or untruthful information
on the application.
e.
The applicant has had an adult entertainment manager, server
or entertainer license revoked or suspended in this or any other City
during the past five (5) years.
[CC 1990 § 17-161; Ord. No. 2181 § 12, 7-18-2005]
A.
The following standards of conduct shall be adhered to by all adult
entertainment business licensees, their employees and all adult entertainment
business managers, servers and entertainers and patrons of adult entertainment
businesses while on or about the premises of the business:
1.
Age Restriction. It shall be an ordinance violation if a person
knowingly allows on the premises of a sexually oriented business a
person under the age of twenty-one (21) years, except for a person
exclusively on the premises for repair or maintenance of the premises
or equipment on the premises, or for the delivery of goods to the
premises.
2.
Exterior Observation. The premises of all adult entertainment
businesses will be so constructed as to include an anteroom, foyer,
partition or other physical barrier on all customer entrances that
will insure observation of 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 a anteroom of foyer
will be covered so as to prevent observation of the interior of the
premises from the exterior of the building.
3.
Exterior Display. No adult entertainment business will be conducted
in any manner that permits the observation of live performers engaged
in an erotic depiction or dance or any material or persons depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas," as defined herein, from any exterior source by
display, decoration, sign, show window or other opening.
4.
Nudity Prohibited, Exceptions. No employee, server or entertainer
in an adult entertainment business shall appear nude, unclothed, in
less than opaque attire or in any fashion that exposes to view any
specified anatomical area.
5.
Certain Acts Prohibited.
a.
No employee, server 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.
b.
No employee, server, entertainer or patron of an adult entertainment
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.
c.
No employee, server or entertainer of an adult entertainment
business shall be visible from the exterior of the adult entertainment
business while such person is unclothed or in such attire, costume
or clothing as to expose to view any specified anatomical area.
d.
No adult entertainer shall solicit, demand or receive any payment
or gratuity from any patron or customer for any act prohibited by
this Article and no adult entertainer shall receive any payment or
gratuity from any customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform,
a customer or patron may place such payment or gratuity into a box
affixed to the stage, or
(2)
While such entertainer is not on the stage or platform
and is clothed so as to not expose to view any specified anatomical
area, a customer or patron may either place such payment or gratuity
into the entertainer's hand or under a leg garter worn by such entertainer
at least four (4) inches below the bottom of the pubic region.
e.
No owner, operator, manager or other person in charge of the
premises of an adult entertainment premises shall:
(1)
Knowingly permit alcoholic liquor or cereal malt
beverages to be brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution,
delivery or consumption of any controlled substance or illegal drug
or narcotic on the premises;
(3)
Knowingly allow or permit any person under the
age of eighteen (18) years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution
or patronizing prostitution on the premises; or
(5)
Knowingly allow or permit a violation of this Article
or any other City ordinance provision or State law.
6.
Signs Required. All adult entertainment business shall have
conspicuously displayed in the common area at the principal entrance
to the premises a sign, on which uppercase letters shall be at least
two (2) inches high and lowercase letters at least one (1) inch high,
which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND
LICENSED BY THE CITY OF CHESTERFIELD
| ||
|
Entertainers Are:
| ||
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
| ||
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Not permitted to be nude, unclothed or in less than opaque attire,
costume or clothing so as to expose to view any portion of the breasts
below the top of the areola or any portion of the pubic region, buttocks
and/or genitals, unless upon a stage at least two (2) feet above the
customer floor and a sufficient distance from the customers to prevent
the customers from touching the entertainers.
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
| ||
|
While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
| ||
|
While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand or under the
entertainer's leg garter.
| ||
|
Customers Are:
| ||
|
Not permitted to be upon the stage at any time.
| ||
|
Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
| ||
7.
Lighting Required. The premises of all adult entertainment businesses
shall be equipped with overhead lighting of sufficient intensity to
illuminate every place to which customers are permitted access at
an illumination of not less than one (1) footcandle as measured at
the floor level and such illumination must be maintained at all times
that any customer or patron is present in or on the premises.
8.
Closed Booths Or Room Prohibited. A person who operates or causes
to be operated a sexually oriented business shall be prohibited from
exhibiting in a viewing room on the premises a film, video cassette,
DVD, or other video reproduction that depicts specified sexual activities
unless the viewing room is visible from a continuous main aisle in
the sexually oriented business and such viewing room is not obscured
by any curtain, door, wall, or other enclosure. No viewing room shall
be occupied by more than one (1) individual at a time and there shall
be no aperture between viewing rooms which is designed or constructed
to facilitate sexual activity between persons in different rooms.
9.
Ventilation And Sanitation Requirements. The premises of all
adult entertainment businesses shall be kept in a sanitary condition.
Separate dressing rooms and restrooms for men and women shall at all
times be maintained and kept in a sanitary condition.
10.
Hours Of Operation. No adult entertainment business may be open
or in use between the hours of 1:00 A.M. and 12:00 P.M. on any day
other than a Sunday when the business may not be open.
[CC 1990 § 17-162; Ord. No. 2181 § 13, 7-18-2005]
A.
Every person, corporation, partnership or association licensed under
this Article as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B.
Every person holding an adult entertainment server, manager or entertainer
license shall post his/her license in his/her work area on the adult
entertainment facility premises so it shall be readily available for
inspection by City authorities responsible for enforcement of this
Article.
[CC 1990 § 17-163; Ord. No. 2181 § 14, 7-18-2005]
A.
An adult entertainment manager shall be on duty at any adult entertainment
business at all times the premises is open for business. The name
of the manager on duty shall be prominently posted during business
hours.
B.
It shall be the responsibility of the manager to verify that any
person who provides adult entertainment or works as a server within
the premises possesses a current and valid adult entertainer's license
or an adult entertainment server's license and that such licenses
are prominently posted.
[CC 1990 § 17-164; Ord. No. 2181 § 15, 7-18-2005]
All adult entertainment businesses shall permit representatives
of the Police Department or any other City Official acting in their
official capacity to inspect the premises as necessary to insure the
business is complying with all applicable regulations and laws.
[CC 1990 § 17-165; Ord. No. 2181 § 16, 7-18-2005]
A.
Whenever the City Administrator has information that:
1.
The owner or operator of an adult entertainment business or
a holder of an adult entertainment manager, server or entertainer
license has violated, or knowingly allowed or permitted the violation
of, any of the provisions of this Article; or
2.
There have been recurrent violations of provisions of this Article
that have occurred under such circumstances that the owner or operator
of an adult entertainment business knew or should have known that
such violations were committed; or
3.
The adult entertainment business license or the adult entertainment
manager, server or entertainer license was obtained through false
statements in the application for such license or renewal thereof;
or
4.
The adult entertainment business licensee or the adult entertainment
manager, server or entertainer licensee failed to make a complete
disclosure of all information in the application for such license
or renewal thereof; or
5.
The owner or operator or any partner or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 605.1250(A)(7)(b); or
6.
The holder of an adult entertainment manager, server or entertainer license that has become disqualified from having a license by a conviction as provided in Section 605.1250(A)(7)(b), then the City Administrator shall make this information known to the City Administrator who shall notify the Public Health and Safety Committee of Council (PH and S Committee), which upon five (5) days' written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The PH and S Committee may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
a.
Suspend the license for up to ninety (90) days.
b.
Revoke the license for the remainder of the license year.
c.
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of this Article occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, the license will be revoked for the remainder of
the license year.
[CC 1990 § 17-166; Ord. No. 2181 § 17, 7-18-2005]
A.
A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on June 30 of each calendar year and renewal applications for such
licenses shall be submitted between June 15 and June 30.
B.
Upon timely application and review as provided for a new license,
a license issued under the provisions of this Article shall be renewed
by issuance of a new license in the manner provided in this Article.
[CC 1990 § 17-167; Ord. No. 2181 § 18, 7-18-2005]
Following the entry of an order by the City Administrator suspending
or revoking a license issued pursuant to this Article 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
may stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and/or final disposition of proceedings
for judicial review.
