[Ord. No. 512, 8-11-2021]
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. Only persons eighteen (18) years
of age or older shall be permitted on the premises of any adult entertainment
business.
2. Exterior Observation And Display. No adult business
will be conducted in any manner that permits the observation or display
of performers servers, or entertainers engaged in an erotic depiction
or dance or any material or persons, caricatures, animals, or any
portion thereof depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas," as defined herein, or
any books, cards, magazines, periodicals or other printed matter,
photographs, slides, films, motion pictures, or videotapes which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas" from any exterior source, including, but not limited
to, by display, decoration, sign, show window or other opening.
3. Nudity Prohibited. No manager, employee, server,
entertainer or patron in an adult business, other than a licensed
bath house, shall appear nude, unclothed, in less than opaque attire
or in any fashion that exposes to view any "specified anatomical area."
4. Certain Acts Prohibited.
a. No manager, 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 manager, 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
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 manager, 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 Chapter 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, (unless otherwise permitted pursuant to Chapter
600, Alcoholic Beverages, of the Code of the City of Kimberling City);
(2) Knowingly allow or permit the sale, distribution,
delivery or consumption of any controlled substance or illegal drug
or narcotic on the premises;
(3) Knowingly allow or permit any person under the
age of eighteen (18) years of age to be in or upon the premises;
(4) Knowingly allow or permit any act of prostitution
or patronizing prostitution on the premises; or
(5) Knowingly allow or permit a violation of this Chapter
or any other City ordinance provision or State law.
5. Signs Required. All adult entertainment business
shall have conspicuously displayed in the common area at the principal
entrance to the premises a sign, or 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:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF KIMBERLING CITY
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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:
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-While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
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-While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand, or under
the entertainer's leg garter.
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CUSTOMERS ARE:
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*Not permitted to be upon the stage at any time.
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*Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
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6. Lighting Required. The interior premises of all
adult businesses shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted
access at an illumination of not less than 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.
The exterior premises of all adult business shall be equipped
with overhead lighting of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination equivalent
to not less than one (1) footcandle in all parking areas and on the
general grounds of the premises as measured at the ground level and
there shall be illumination to the equivalent of not less than five
(5) footcandles as measured at the ground level at each entrance and
doorway area, and such illumination must be maintained at all times
that any customer or patron is present on the premises.
7. Closed Booths Or Room Prohibited. The premises of
all adult entertainment businesses shall be physically arranged in
such manner that the entire interior portions of any booths, cubicles,
rooms or stalls is visible from a common area of the premises. The
use of video cameras to meet this requirement is not allowed. Visibility
shall not be blocked or obscured by doors, curtains, drapes or any
other obstruction whatsoever. The manager shall be required to position
himself/herself so as to be able to view the entire interior portion
of the premises while on duty.
Only one (1) person shall be allowed in any booth, cubicle or
stall at a time. Such booths, cubicles or stalls shall be constructed
out of metal or such other material that is incapable of perforation
by any customer, employee, entertainer, server or manager on the premises.
Other than the entryways there shall be no openings, holes, access
doors or any other manner of accessibility between any booth, cubicle,
room or stall and any other booth, cubicle room or stall.
8. 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.
9. Hours Of Operation. No adult businesses or adult
entertainment businesses may be open or in use between the hours of
1:30 A.M. and 10:00 A.M. on any day other than a Sunday when the business
may not be open between the hours of 1:30 A.M. and 12:00 Noon.
[Ord. No. 512, 8-11-2021]
A.
A 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 ID.
C.
It shall be the responsibility of the manager to insure persons
under the age of eighteen (18) do not enter upon the premises.