For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any business:
That has as a substantial or significant purpose the sale or
rental of merchandise that is intended for use in connection with
specified sexual activities or that emphasizes matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas; or
That has as one (1) of its regular and substantial business
purposes:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
The providing of services that are intended to provide sexual
arousal or excitement or that allow observation of specified sexual
activities or specified anatomical areas ancillary to other pursuits
or allow participation in specified sexual activities ancillary to
other pursuits.
That is "self-designated" as an adult business, whether through
the use of signage or other business activities.
The definition of adult business also includes, but is not limited
to, any and all of the following specific adult businesses:
Businesses that offer merchandise for sale or rent.
ADULT MEDIA OUTLETA 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. For purposes of this Subsection, it shall be presumed that a substantial or significant portion of a business is devoted to the sale or rental of adult media if any one (1) or more of the following criteria are satisfied:
Forty percent (40%) or more of the sales (including rentals)
is derived from adult media;
Forty percent (40%) or more of the number of transactions, measured
over any consecutive ninety-day period, relate to adult media;
Forty percent (40%) or more of the dollar value of all merchandise
displayed at any time is attributable to adult media;
Forty percent (40%) or more of the inventory consists of adult
media at any time;
Forty percent (40%) or more of the merchandise displayed for
sale or rental consists of adult media at any time; or
Forty percent (40%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) is devoted to adult media at
any time.
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The presumption that a substantial or significant portion of
a business is devoted to the sale or rental of adult media, based
upon the above guidelines, shall be rebuttable.
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ADULT NEWSRACKAny 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.
ADULT RETAIL ESTABLISHMENTA business that displays or offers goods for sale or rent and that meets any of the following tests:
It displays or offers for sale or rent items from any two (2)
of the following categories: sexually-oriented toys or novelties;
lingerie; clothing that graphically depicts specified anatomical areas;
leather goods designed or marketed for use for sexual bondage or sadomasochistic
practices; and the combination of such items constitutes:
Ten percent (10%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period; or
Ten percent (10%) or more of the number of sales transactions,
measured over any consecutive ninety-day period; or
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time; or
Ten percent (10%) or more of all inventory at any time; or
Ten percent (10%) or more of the merchandise displayed for sale
at any time; or
Ten percent (10%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) at any time; or
Five percent (5%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period, is derived
from sexually-oriented toys or novelties; or
Five percent (5) or more of the number of sales transactions,
measured over any consecutive ninety-day period, relate to sexually-oriented
toys or novelties; or
Five percent (5%) or more of the dollar value of all merchandise
displayed at any time is attributable to sexually-oriented toys or
novelties; or
Five percent (5%) or more of all inventory consists of sexually-oriented
toys or novelties at any time; or
Five percent (5%) or more of merchandise displayed for sale
consists of sexually-oriented toys or novelties at any time; or
Five percent (5%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) is devoted to sexually-oriented
toys or novelties at any time.
Businesses that provide entertainment.
ADULT ENTERTAINMENT BUSINESSAny business to which the public, patrons or members are invited or admitted and where providing adult entertainment, as defined, as a regular and substantial portion of its business.
The definition of "adult entertainment business" also includes,
but is not limited to, any and all of the following specific adult
entertainment businesses as defined:
ADULT MOTION PICTURE THEATERAn establishment with a screen or projection areas, 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 areas.
ADULT THEATERAn 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 performers, for observation by patrons.
ADULT ENTERTAINMENT CABARETAn 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 material 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.
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.
ADULT ENCOUNTER PARLORAn 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 patrons.
BODY PAINTING STUDIOAn establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
Businesses that provide services.
BATHHOUSEAn 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.
ADULT MOTELAn 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.
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.
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 areas.
Any booth, cubicle, stall or compartment which is designed,
constructed or used to hold or seat patrons and is used for presenting
or 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 areas 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 periodicals) for observation by patrons. Adult video
viewing booths are sometimes referred to as peep shows, adult video
arcades, panorams and adult mini-motion picture theaters. An adult
video viewing booth shall not mean a theater, movie house, playhouse
or a room or enclosure or a portion thereof which contains more than
one hundred fifty (150) square feet of gross floor area.
Those diseases which are set out in Missouri Code of State
Regulations, Department of Health, 19 C.S.R. 20-20.020, as amended.
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 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 has
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.
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:
Expert testimony as to the principal use of the item;
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;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment;
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
The physical or structural characteristics of the item; or
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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Any person may request an interpretive ruling from the City
as to whether a particular item is considered by the City to be designed
or marketed for use in connection with specified sexual activities.
An application for an interpretative ruling shall be made in writing
on a form provided by the City and shall be accompanied by such other
information as may reasonably be requested under the circumstances
pertaining to the specific item about which a ruling is requested.
The City shall issue a written interpretive ruling within ten (10)
business days following submission of a completed application. The
decision of the City may be appealed to the City Council within fifteen
(15) days following the date of the interpretive ruling by submitting
a written notice of appeal to the City Clerk.
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Uncovered or exposed human genitals, pubic region or pubic hair,
buttocks, female breast or breasts below a point immediately above
the top of the areola encircling the nipple or any combination of
the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
Any of the following acts of intended sexual arousal or excitement:
Sexual conduct including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
Fondling or other intentional touching of a person's clothed
or unclothed genitals, pubic area, buttocks or the breast of a female;
Sadomasochistic acts; or
Acts involving animals or latent objects.
A.
It is unlawful for any person to operate or maintain an adult business
in the City unless the owner of the adult business has obtained an
adult 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, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult business.
C.
The failure to post an adult business license in the manner required
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 an adult business in which an adult business
license is not posted in the manner required herein had knowledge
that such business is not licensed.
D.
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
private members, 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 areas 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 an adult business as defined.
This entry and inspection shall take place during the hours when such
business is open, unless otherwise requested by the business, and
shall not unreasonably interfere with the conduct of such business.
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City or to work as an entertainer, server or manager
at an adult business after such person's license to do so had been
revoked or suspended.
A.
The license year for all fees required shall be from each January
first through December 31st. The application for a license shall be
accompanied by payment in full of the fee approved by the Governing
Body and listed in the Schedule of Fees and Charges maintained in
the Finance Department, as amended, 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 non-transferable to other persons, but shall
not be limited to a specific adult business that is properly licensed
under this Chapter. All license fees shall be non-refundable.
C.
All adult business licenses shall be issued only for one (1) adult
business use listed on the application. Any change in the type of
adult use shall invalidate the adult business license and require
the licensee to obtain a new license for the change in use. A separate
license is required for each adult use.
A.
Adult Business License. All persons desiring to secure a license
to operate an adult business shall make a verified application with
the City Clerk. All applications shall be submitted in the name of
the person who owns the adult business. The application shall be signed
by the applicant. If the applicant is a corporation, the application
shall be signed by its President. 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, contact telephone number, occupation,
date, place of birth and Social Security number of the applicant.
2.
The tax identification number, registered agent and Missouri
Retail Sales Tax number, if the owner is required to have a tax identification
number, Missouri Retail Sales Tax 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, residence addresses, Social Security numbers and
dates of birth 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
twenty-five percent (25%) 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 percent (25%) 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.
Any felony within the five (5) years immediately preceding the
application, or
b.
A State Statute, municipal or County ordinance violation within
the two (2) years immediately preceding the application where such
State 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.
7.
On applications requesting a license to operate a bathhouse
or body painting studio, the applicant shall submit to the City Clerk
within forty-eight (48) hours of the time each employee begins employment
a health certificate from a duly licensed Missouri physician stating
that within thirty (30) days prior to the date of employment, such
employee has been examined and found free of any contagious or communicable
disease as defined in this Chapter. This shall be a continuing requirement
and shall also initially apply to the applicant.
8.
If the applicant is a corporation or limited liability company,
a current certificate of good standing issued by the Missouri Secretary
of State.
9.
A statement signed under oath that the applicant has personal
knowledge of the information contained in the application and that
the information contained is true and correct and that the applicant
has read the provisions of this Chapter regulating adult businesses.
10.
A letter of no tax due from the Missouri Department of Revenue
shall be submitted with the application if retail sales tax is collected.
11.
A background check from the Missouri Highway Patrol issued within
the last thirty (30) days 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
twenty-five percent (25%) interest in the corporation.
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Failure to provide the information and documentation required
shall constitute an incomplete application. The City Clerk shall notify
the applicant whether or not the application is complete within ten
(10) working days of the date the application is received by the City
Clerk.
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B.
Manager, Server Or Entertainer License. All persons desiring to secure
a license to be a manager, server or entertainer shall make a verified
application with the City Clerk. 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
Clerk in accordance with 650.060 of this Chapter. Failure to provide
the information required shall constitute an incomplete application.
The City Clerk 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 Clerk.
C.
Application Processing. It shall be the duty of the City to investigate
such application to determine whether the information contained in
the application is accurate and whether the application meets the
requirements for issuance of the license for which the application
is made. The license application for an adult business, server, manager
or entertainer license shall be approved or disapproved within forty-five
(45) days from the date a complete application is received by the
City Clerk.
A.
After such examination, the City shall approve the issuance of a
license only if the appropriate license fee has been paid, the applicant
is qualified and all the applicable requirements set forth are met.
No license shall be approved for any person ineligible pursuant to
the provisions of this Chapter.
B.
The adult business license and all manager, server and entertainer
licenses shall state that it is not transferable to other persons
or entities and the calendar year for which it is issued.
C.
If an application for a license is denied, 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.
D.
Appeal. The denial of a license application may be appealed to the
City Council. The appeal shall be filed with the City Clerk within
ten (10) days after the notice of denial was issued. The appeal shall
be placed on the agenda for the next regular meeting of the City Council
for A public hearing.
E.
Any applicant aggrieved by the disapproval of a license application
may seek judicial review in the Cass County Circuit Court in the manner
provided by law.
A.
No person is eligible nor shall a license be issued to:
1.
An applicant for an adult business license if one (1) or more
of the following conditions exist:
a.
The applicant knowingly failed to supply all of the information
requested on the application;
b.
The applicant knowingly gave materially false, fraudulent or
untruthful information on the application;
c.
The applicant's proposed business premises does not comply with
or meet the requirements of the applicable health, Unified Development
Code, building code, fire and property maintenance ordinances of the
City;
d.
The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes during the time period
set forth in this Chapter;
e.
The applicant has had an adult business license or comparable
license revoked or suspended in this or any other City during the
past five (5) years; or
f.
If the applicant is applying for a license to operate a bathhouse
or body painting studio and applicant has not produced a health certificate
as required in this Chapter for all persons working on the premises.
2.
An applicant for a manager, server or entertainer license if
one (1) or more of the following conditions exist:
a.
The applicant has been convicted, released from incarceration
for conviction or diverted on any of the crimes during the time period
set forth in this Chapter;
b.
The applicant knowingly failed to provide all of the information
required on the application;
c.
The applicant knowingly gave materially false, fraudulent or
untruthful information on the application;
d.
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; or
e.
The applicant is applying for a license for a manager, server
or entertainer in a bathhouse or body painting studio and has not
produced a health certificate as required.
A.
The following standards of conduct shall be adhered to by all adult
businesses, their employees and all managers, servers and entertainers
and patrons of adult businesses, while on or about the premises of
the business:
1.
Identification Cards/Licenses. All or any manager, server or
entertainer issued a license by the City under the provisions contained
in this Chapter shall, at all times have their license located in
the office of the establishment. Any manager, server or entertainer,
must produce valid photo identification matching the license upon
demand of a City representative.
2.
Age Restriction. Only persons eighteen (18) years of age or
older shall be permitted on the premises of any adult business.
3.
Exterior Observation. The premises of all adult businesses will
be so constructed as to insure that the interior of the premises is
not observable from the exterior of the building. In addition, all
windows will be covered to prevent viewing of the interior of the
building from the outside and all doorways not constructed with an
anteroom or foyer will be covered so as to prevent observation of
the interior of the premises from the exterior of the building.
4.
Exterior Display. No adult 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 in this Chapter, from any exterior source
by display, decoration, sign, show window or other opening.
5.
Nudity Prohibited. No manager, employee, server, entertainer
or patron in an adult business other than a licensed bathhouse shall
be nude or clothed in less than opaque attire.
6.
Certain Acts Prohibited.
a.
No manager, employee, server, entertainer or patron shall perform
any specified sexual activities as defined in this Chapter, 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 an adult business.
b.
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.
c.
No manager, employee, server, entertainer or patron of an adult
business while on the premises of an adult 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 manager, employee, server, entertainer
or patron, whether such specified anatomical areas are clothed, unclothed,
covered or exposed.
d.
No entertainer shall solicit, demand or receive any payment
or gratuity from any patron for any act prohibited by this Chapter
and while on the premises of an adult 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 of gratuity into a container affixed to the
stage; or
(2)
While such entertainer is not on the stage but
while on the premises of an adult 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.
e.
No owner, operator, manager or other person in charge of the
premises of an adult business shall knowingly allow or permit a violation
of this Chapter or any other City ordinance provision or State law.
7.
Signs.
a.
All adult businesses shall conspicuously display on the principal
entrance to the premises a sign, visible from the exterior of the
premises, on which uppercase letters shall be at least two (2) inches
high and lowercase letters at least one-inch high, which shall read
as follows:
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THIS BUSINESS IS AN ADULT BUSINESS.
ONLY PERSONS EIGHTEEN (18) YEARS OF AGE OR OLDER
SHALL BE PERMITTED ON THE PREMISES.
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b.
All adult entertainment businesses that provide live entertainment
shall conspicuously display in the common area inside 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-inch
high, which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED
AND LICENSED BY THE CITY OF RAYMORE
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.
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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, entertainer
or patron or engage in solicitation for prostitution.
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c.
Signs and window displays shall not display adult media or sexually
oriented toys or novelties.
8.
Lighting Required. The premises of all adult businesses shall
be equipped with overhead lighting of every place to which customers
are permitted access, at an illumination of not less than one (1)
foot-candle, as measured at the floor level and such illumination
must be maintained at all times that any customer or patron is present
in or on the premises.
9.
Closed Booths Or Rooms Prohibited. The premises of all adult
businesses shall be physically arranged in such a manner that the
entire interior portion of any booths, cubicles, rooms or stalls is
visible from a common area of the premises. Visibility shall not be
blocked or obscured by doors, curtains, drapes or any other obstruction
whatsoever. Adult video viewing booths are prohibited whether or not
the booth is visible from a common area of the premises. Adult video
viewing booths are prohibited as a principal use or accessory use.
10.
Ventilation And Sanitation Requirements. The premises of all
adult businesses shall be kept in a sanitary condition. Except as
otherwise provided in this Chapter, separate dressing rooms and rest
rooms as required by the International Building Code, shall at all
times be maintained and kept in a sanitary condition.
12.
Facilities Necessary. No adult business license to conduct a
bathhouse or body painting studio shall be issued unless an inspection
by an appropriate City Official proves that the premises on which
the applicant intends to conduct such business complies with the minimum
requirements of the International Building Code, RSMo., and the Cass
County Health Department:
a.
No activity related to an adult business 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.
b.
An appropriate City Official 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 Clerk.
Provided, however, that nothing contained shall be construed to eliminate
other requirements of Statute or ordinance concerning the maintenance
of premises nor to preclude authorized inspection. The appropriate
City Official may recommend the issuance of a license contingent upon
compliance with any requirements in this Section.
Every business licensed as an adult business shall post such
license in a conspicuous place and manner on the adult business premises.
A.
A manager shall be on duty at all adult businesses at all times the
premises are open for business.
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 entertainer or server's
license and that such licenses are available for review upon demand
of a City Official. It shall also be the responsibility of the manager
to ensure minors do not enter upon the premises of an adult entertainment
business.
All adult businesses shall permit Law Enforcement Officers or
any other City Officials acting in their official capacity, to inspect
the premises as necessary to insure the business is complying with
all applicable regulations and laws.
A.
Whenever the City Clerk has information that:
1.
The owner or operator of an adult 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 an adult business knew or should have known that such violations
were committed; or
3.
The adult business licensee or the manager, server or entertainer
license was knowingly obtained through false statements in the application
or renewal for such license; or
4.
The adult business licensee or the manager, server or entertainer
licensee knowingly failed to make a complete disclosure of all information
in the application or renewal for such license; or
5.
The owner or operator or any partner or any corporate officer
or director holding an adult business license has become disqualified
from having a license by a conviction as provided in this Chapter.
If the owner or operator of an adult business or the holder
of a manager, server or entertainer license has become disqualified
from having a license by a conviction as provided, then the City Clerk
shall make this information known to the City Manager to determine
whether the license should be suspended or revoked. Based on the evidence
produced the City Manager may take any of the following actions:
a.
May take no action;
b.
Suspend the license for up to ninety (90) days;
c.
Revoke the license for the remainder of the license year; or
d.
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.
Notice of the City Manager's decision shall be issued to the
license holder by certified or regular mail and posted on the premise
of license where issued within twenty-four (24) hours.
A.
Appeal. Any action of the City Manager, under this section, may be
appealed by any aggrieved person or party to the City Council. The
appeal shall be filed with the City Clerk within ten (10) days after
the decision of the City Manager was issued. The appeal shall be placed
on the agenda for the next regular meeting of the City Council for
public hearing.
B.
When an appeal has been filed and a hearing is required, City Council
shall, after no less than ten (10) days' written notice to the applicant
or licensee, hold such hearing at the next regular meeting of the
City Council to ascertain all facts in the matter.
C.
Notice of such hearing shall be in writing and shall set forth the
reason for the appeal 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 City Council is unable to serve the adult entertainment
business licensee in person and any notice sent by mail is returned
by the postal service, the City Council shall cause such notice to
be posted at the principal entrance of the adult entertainment business
and such posting shall be a valid means of service.
D.
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 them. Oral evidence
shall be taken only upon oath or affirmation. All proceedings in such
hearing shall be recorded and entered into the minutes as required
by law. The City Council may receive evidence relevant to the issues
from the applicant or licensee. Witnesses may be subpoenaed and upon
request of any party, the City Council shall issue subpoenas, and
in a proper case, subpoenas duces tecum, which shall be served and
returned as in civil actions in Circuit Court.
E.
The City Council shall issue findings of fact and conclusions of
law in its decision at the conclusion of the hearing. The City Council's
decision 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 Council is not able
to serve the decision upon the licensee or applicant for a renewal
license in the manner stated above, such decision may be served by
posting such decision at the principal entrance of the adult entertainment
business and such posting shall be a valid means of service.
A.
A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on December 31st of each calendar year and renewal applications for
such licenses shall be submitted between December first and December
31st.
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 herein.
C.
If the application for renewal of a license is not made during the
time provided, a new application shall be required.
A.
The provisions of this Chapter shall apply to all adult businesses
existing on the effective date of this Chapter, as well as to all
adult businesses established after the effective date of this Chapter.
B.
Any adult business lawfully operating on the effective date of this Chapter that is ineligible for licensing solely as a result of the locational restrictions set forth in Section 420.030(A) of the Unified Development Code shall be deemed a lawful non-conforming business.
C.
Each of the following adult businesses, as defined in this Chapter,
shall be considered a unique and separate adult business: adult media
outlet; adult newsrack; adult retail establishment; adult motion picture
theater; adult theater; adult entertainment cabaret; adult entertainment
studio; adult encounter parlor; body painting studio; bathhouse; adult
motel.
The classification of each adult business shall be determined
at the time a license is issued for the business. Where an adult business
is considered a lawful non-conforming business under this Section,
the right to continue such non-conforming business shall be limited
to that specific business as defined and shall not include other adult
businesses listed herein.
D.
The extension of a lawful non-conforming business to any portion
of a building, which portion was constructed expressly for such non-conforming
business prior to the effective date of this Chapter, shall be permitted,
provided that no structural alterations shall be made thereafter.
E.
An adult business lawfully operating as a conforming business is
not rendered non-conforming by the location, subsequent to grant or
renewal of the adult business license, of a school, church, library,
licensed child care center, public park or property zoned for residential
purposes located within the City limits and within five hundred (500)
feet of the adult business. This provision applies only to the renewal
of a valid license and does not apply when an application for a license
is submitted after a license has expired or has been revoked.
Following the entry of an order by the City Council 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 Council
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.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section 100.220 of the City Code. Each day's violation of or failure, refusal or neglect to comply with any provision of this Chapter shall constitute a separate and distinct offense.
The City Clerk shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of their office and which are not inconsistent with the provisions
of this Chapter.
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.
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.
