[Ord. No. 512, 8-11-2021]
A.
All persons desiring to secure a license to operate an adult
entertainment business under the provisions of this Chapter shall
make 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 residence addresses of the applicant, or of
all partners, or of all corporate officers and directors for the five
(5) years immediately prior to the date of application.
5.
A description of the adult business history of the
applicant, or of the partnership and all partners, or of the corporation
and all corporate officers and directors.
6.
A statement from the applicant, or from all partners,
or from all such corporate officers and directors, whether any such
person or entity, in previously operating in this or another City,
County or State, has had a business license of any type revoked or
suspended, and if so, the reason therefor, and the activity or occupation
subjected to such action, suspension or revocation.
7.
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.
8.
A statement from the applicant, or from each partner,
of 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:
a.
A felony criminal act within five (5) years immediately
preceding the application; or
b.
A misdemeanor criminal act within two (2) years
immediately preceding the application, where such felony or misdemeanor
criminal act involved sexual offenses, prostitution, 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 of the
State of Missouri or ordinances of the City.
c.
The statement shall also indicate that the applicant,
each partner of 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.
9.
On applications requesting a license to operate
a bath house or body painting studio, the applicant shall provide
for each person working on the premises a health certificate from
a duly licensed Missouri physician stating that within ninety (90)
days prior thereto, the applicant and all other persons working on
the premises have been examined and found free of any contagious or
communicable decease as defined herein.
10.
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.
11.
If the applicant is a corporation, a current certificate
of registration issued by the Missouri Secretary of State.
12.
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.
13.
Failure to provide the information and documentation
required by this Subsection shall constitute an incomplete application
which shall not be processed.
[Ord. No. 512, 8-11-2021]
A.
No adult business license to conduct a bath house or body painting
studio shall be issued unless an inspection by the Stone County Health
Department reveals that the premises the applicant intends to conduct
business from complies with each of the following minimum requirements:
1.
The walls shall be clean and painted with washable,
mold-resistant paint in all rooms where water or steam baths are given.
Floors shall be free from any accumulation of dust, dirt, or refuse.
All equipment used in the business's operation shall be maintained
in a clean and sanitary condition. Towels, linen and items for personal
use of operators and patrons shall be clean and freshly laundered.
Towels, cloths, and sheets shall not be used for more than one (1)
patron. Heavy, white paper may be substituted for sheets provided
that such paper is changed for every patron. No service or practice
shall be carried on within any cubicle, room, booth, or any area within
any permitted establishment which is fitted with a door capable of
being locked.
2.
Toilet facilities shall be provided in convenient
locations. When five (5) or more employees and patrons of different
sexes are on the premises at the same time, separate toilet facilities
shall be provided. A single water closet per sex shall be provided
for each twenty (20) or more employees or patrons of that sex on the
premises at any one (1) time. Urinals may be substituted for water
closets after one (1) water closet has been provided. Toilets shall
be designated as to the sex accommodated therein.
3.
Lavatories or wash basins provided with both hot
and cold running water shall be installed in either the toilet room
or a vestibule. Lavatories or wash basins shall be provided with soap
in a dispenser and with sanitary towels.
4.
The Administrative Officer, as defined in Section
400.212, or a representative, shall certify that the proposed business
establishment complies with all of the requirements of this Section
and shall give or send such certification to the City Administrator.
Provided, however, that nothing contained herein shall be construed
to eliminate other requirements of Statute or ordinance concerning
the maintenance of premises, nor to preclude authorized inspection
thereof. The appropriate City official may recommend the issuance
of a license contingent upon the compliance with any requirements
in this Section.
[Ord. No. 512, 8-11-2021]
A.
Upon receipt of a complete application for an adult entertainment
or an adult entertainment manager, the City Clerk shall immediately
transmit one (1) copy of the application to the Police Department
for investigation of the application. In addition, the City Clerk
shall transmit a copy of the application to the Administrative Officer.
B.
It shall be the duty of the Police Chief or a designee to investigate
such application to determine whether the information contained in
the application is accurate and whether the applicant is qualified
to be issued the license applied for. The 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 Administrator.
C.
It shall be the duty of the Administrative Officer, 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 Administrative Officer shall
report the results of the investigation to the City Administrator
not later than ten (10) working days from the date the application
is received by the City Administrator.
D.
Upon receipt of the reports from the Police Chief and Administrative
Officer, the City Clerk shall either issue or deny the license, license
shall be approved or disapproved within forty-five (45) days from
the date of filing of a completed application with the City Clerk.
[Ord. No. 512, 8-11-2021]
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, the City
Clerk shall examine the application, and after such examination, the
City Clerk shall, if the applicant is qualified, approve a license
as provided for by law.
B.
The records of the City Clerk shall show the action taken on
the application, and if the license is granted, the City Clerk shall
direct the issuance of 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
place in the place of business that is licensed or where the licensee
is working.
C.
Every person, corporation, partnership, or association licensed
under this Chapter as an adult entertainment business shall post such
license in a conspicuous place and manner on the adult entertainment
facility premises.
[Ord. No. 512, 8-11-2021]
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 1 and June 30.
B.
Upon timely application and review as provided for a new license,
a license issued under the provisions of this Chapter shall be renewed
by issuance of a new license in the manner provided in this Chapter.
[Ord. No. 512, 8-11-2021]
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 (1,000) feet of any school, church, public park, licensed
child care center or licensed child care home. Measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
enterprise to the nearest point on the property line of such school,
church, public park, licensed day care center or licensed child care
home;
b.
The applicant's premises is located within
one thousand (1,000) feet of any other adult entertainment business
for which there is a license issued. 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;
c.
The applicant's premises is located within
one thousand (1,000) feet of any residentially zoned property. Measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
business to the nearest point on the property line of the residentially
zoned property;
d.
In the case of an application for an adult business
license for a business use defined in Section 415.010(A)(3)(b) or
Section 415.010(A)(3)(c) described as adult entertainment business,
adult motion picture theater, adult entertainment cabaret, adult entertainment
studio, adult encounter parlor, body painting studio, bath house or
adult motel, the applicant's premises is located within one thousand
(1,000) feet of any residentially zoned property. Measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
business to the nearest point on the property line of the residentially
zoned property;
e.
The applicant failed to supply all of the information
requested on the application;
f.
The applicant gave materially false, fraudulent
or untruthful information on the application;
g.
The applicant's proposed business premises
does not comply with or meet the requirements of the applicable health,
zoning, building code, fire and property maintenance ordinances of
the City, provided, that upon a showing that the premises meets said
requirements and that the applicant is otherwise qualified, the application
shall be eligible for reconsideration by the City Administrator;
h.
The applicant has been convicted, released from
incarceration for conviction, or diverted on any of the crimes set
forth in Section 415.090 of this Chapter during the time period set
forth in said Section;
i.
The applicant has had an adult entertainment license
revoked or suspended in this or any other City during the past five
(5) years;
j.
If the applicant is applying for a license to operate
a bath house or body painting studio and has not produced a health
certificate as required herein for all persons working on the premises.
B.
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.
[Ord. No. 512, 8-11-2021]
A.
Whenever the City Administrator has information that:
1.
The owner or operator of an adult business has violated,
or knowingly allowed or permitted the violation of, any of the provisions
of this Chapter; or
2.
There have been recurrent violations of provisions
of this Chapter that have occurred under such circumstances that the
owner or operator of an adult entertainment business knew or should
have known that such violations were committed; or
3.
The adult business license that was obtained through
false statements in the application for such license, or renewal thereof;
or
4.
The adult business 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 of director holding an adult entertainment business license
has become disqualified from having a license by a conviction as provided
in Section 415.090; or
B.
Then a panel comprised of three (3) persons designated by the
City Administrator shall conduct a hearing to determine whether the
license should be suspended or revoked. Based on the evidence produced
at the hearing, the panel 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 the Chapter 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.
