(1) 
Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) 
"Adult entertainment"
includes adult entertainment facilities defined in the zoning code and an exhibition or dance of any type conducted in premises where the exhibition or dance involves a person who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals.
(3) 
"Employee"
means all persons, including entertainers and independent contractors, who work in or at or render services directly related to the operation of a public place of amusement, that offers, conducts, or maintains adult entertainment.
(4) 
"Entertainer"
means a person who provides adult entertainment within a public place of amusement as defined in this section whether or not a fee is charged or accepted for the entertainment.
(5) 
"Entertainment"
means an exhibition or dance of any type, pantomime, modeling, or any other performance.
(6) 
"Manager"
means a person appointed by the operation who manages, directs, administers, or is in charge of, the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any place offering adult entertainment.
(7) 
"Operator"
means a person operating, conducting, or maintaining an adult entertainment business.
(8) 
"Public place of amusement," "public amusement/entertainment," and "public entertainment"
mean an amusement, diversion, entertainment, show, performance, exhibition, display, or like activity, for the use or benefit of a member or members of the public, or advertised for the use or benefit of a member of the public, held, conducted, operated or maintained for a profit, either direct or indirect.
(Ord. 746 § 2, 1988; Ord. 1050 § 1, 1993)
(1) 
No public place of amusement, including but not limited to places which offer adult entertainment, shall be operated or maintained in the city unless the owner or lessee thereof has obtained a license from the city clerk; provided, however, that it is unlawful for an entertainer, employee, or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of an unlicensed public place of amusement/entertainment.
(2) 
The annual fee for such a license is $750.00.
(3) 
This license expires annually on December 31st and must be renewed by January 1st.
(4) 
There is no prorating of the fee.
(5) 
The applicant must be 18 years of age or older.
(Ord. 746 § 3, 1988)
(1) 
No person shall work as a manager or entertainer at a public place of amusement offering adult entertainment without having first obtained a manager's or an entertainer's license from the city clerk pursuant to DMMC § 5.48.060.
(2) 
The annual fee for such a license shall be $200.00.
(3) 
This license expires annually on December 31st and must be renewed by January 1st.
(4) 
There will be no prorating of the fee.
(5) 
The applicant must be 18 years of age or older.
(Ord. 746 § 4, 1988)
All licenses required by DMMC § 5.48.020 must be issued and the applicable fees are due and payable to the city clerk at least 14 calendar days before the opening of the adult entertainment business.
(Ord. 746 § 5, 1988)
A late penalty shall be charged on all applications for renewal of a license, received later than 10 calendar days after the expiration date of such license. The amount of such penalty is fixed as follows:
(1) 
For a license requiring a fee of $.50 or more, but less than or equal to $200.00, 20 percent of the required fee;
(2) 
For a license requiring a fee of more than $200.00, 10 percent of the required fee.
(Ord. 746 § 6, 1988)
For the purposes of this chapter, the words "license" and "permit" shall be considered coextensive terms.
(1) 
Public Adult Entertainment License. All applications for a public amusement/entertainment license for places which offer adult entertainment shall be submitted in the name of the person or entity proposing to conduct such public amusement/entertainment on the business premises and shall be signed by such person and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city clerk, which shall require the following information:
(a) 
The name, home address, home telephone number, date and place of birth, driver's license number, if any, and Social Security number of the applicant if the applicant is an individual;
(b) 
The business name, employer identification number, address, and telephone number of the establishment;
(c) 
The names, home and business addresses, telephone numbers, and Social Security numbers of any partners, including limited partners, corporate officers, shareholders who own 10 percent or more of the business, or other persons who have a substantial interest or management responsibilities in connection with the business, specifying the interest or management responsibility of each. For the purpose of this subsection "substantial interest" means ownership of 10 percent or more of the business, or any other kind of contribution to the business of the same or greater size;
(d) 
Terms of any loans, leases, secured transactions, and repayments therefor relating to the business;
(e) 
Addresses of the applicant for the five years immediately prior to the date of application;
(f) 
A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county, state, or country has had a business license revoked or suspended, the reason therefor, and the activity or occupation subsequent to such action, suspension or revocation;
(g) 
Any and all criminal convictions or forfeitures other than parking offenses or minor traffic violations including dates of conviction, nature of the crime, name and location of court and disposition for each owner, partner or corporation for the seven-year period preceding the date an application is filed with the city;
(h) 
A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application;
(i) 
Authorization for the city, its agents, and employees to seek information to confirm any statements set forth in the application;
(j) 
Supplemental identification and/or information necessary to confirm matters set forth in the application.
(2) 
Manager or Entertainer License. A separate license shall be obtained for each and every establishment at which the applicant will practice. All applications for a manager's or entertainer's license shall be signed by the applicant and notarized or certified to be true under penalty of perjury. All applications shall be submitted on a form supplied by the city clerk, which shall require the following information:
(a) 
The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the Des Moines police department or a law enforcement agency as approved by the chief of police, Social Security number, and any stage names or nicknames used in entertaining;
(b) 
The name and address of each business at which the applicant intends to work;
(c) 
The applicant shall present documentation that he or she has attained the age of 18 years. Any of the following shall be accepted as documentation of age:
(i) 
A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; or
(ii) 
A state-issued identification card bearing the applicant's photograph and date of birth; or
(iii) 
A valid passport bearing the applicant's photograph and date of birth;
(d) 
A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, state, or country, except parking violations or minor traffic infractions, for the seven-year period preceding the date an application is filed with the city;
(e) 
A description of the applicant's principal activities or service to be rendered;
(f) 
Resident addresses and telephone numbers for five years immediately prior to the date of application specifying the period of residence at each address;
(g) 
The name and address of employers or individuals or businesses for whom the applicant was an employee or independent contractor for the three-year period immediately prior to the date of application, including the period of employment;
(h) 
Supplemental information and/or identification deemed necessary by the clerk or her or his designee to confirm any statements set forth in the application;
(i) 
Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.
(3) 
If any person or entity acquires, subsequent to the issuance of a public amusement/ entertainment license for places offering adult entertainment, a substantial interest in the licensed premises, immediate notice of such acquisition shall be provided in writing to the city clerk, and in no event not later than 21 days following such acquisition. Further, the person or entity acquiring such an interest shall furnish to the city clerk such equivalent information as if they were an applicant for an original license under this chapter. The information required to be provided pursuant to this subsection shall be that information required pursuant to subsections (1) and (2) of this section.
(4) 
Copies of an application shall, within five calendar days of receipt thereof, be referred by the city clerk to the city manager, chief of police, planning, building, fire district, or other appropriate departments. The departments shall, within 30 business days, inspect the application, the premises proposed to be operated as an adult entertainment place and shall make written verification to the city clerk that such premises complies with the codes of the city. No license may be issued without such verification. The application shall also be referred to the police department for a criminal records check and verification of the information provided by the applicant on the application for a license.
(5) 
Upon completion of the investigation and review by the departments, a review of the recommendations and verifications, and a determination that all matters contained in the application are true and correct and that this chapter has been complied with, the city clerk shall issue such license applied for in accordance with the provisions of this chapter; provided, however, that the applicable license fee, together with any delinquent fees that may then be due, shall first be paid to the city.
(6) 
Temporary License for Adult Entertainer or Manager of Adult Entertainment Operation. An applicant for an adult entertainer's license or manager's license shall be issued a temporary license upon receipt of a complete license application and fee. Said temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the city manager has failed to approve or deny the license application in which case the temporary license shall be valid until the city manager approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the city manager extend the application review time for more than an additional 20 days.
(Ord. 746 § 7, 1988; Ord. 1295 § 2, 2001)
A licensed manager shall be on the premises of a public place of amusement at all times that adult entertainment is being provided.
(Ord. 746 § 8, 1988)
(1) 
Every adult entertainer shall post his or her permit in his or her work area so it is readily available for public inspection.
(2) 
Every person, corporation, partnership, or association licensed under this chapter shall display such license in a prominent place. The name of the manager on duty shall be prominently posted during business hours.
(Ord. 746 § 10, 1988)
No person granted a license pursuant to this chapter shall operate the adult entertainment business under a name not specified in his/her license, nor shall he/she conduct business under any designation or location not specified in his/her license.
(Ord. 746 § 11, 1988)
Any license issued for an adult entertainment business may be revoked or suspended by the city council after notice of not less than 10 calendar days, and a subsequent hearing for good cause, or in any case where any of the provisions of this chapter are violated, or where any employee of the licensee is engaged in any conduct which violates any state or local laws or ordinances at licensee's place of business and of which the licensee has actual or constructive knowledge. Such permit may also be revoked or suspended by the city council after notice and hearing, upon the recommendations of the city health official that such business is being managed, conducted, or maintained without regard to proper sanitation and hygiene.
(Ord. 746 § 12, 1988)
An adult entertainment manager or entertainer license issued by the city clerk shall be revoked or suspended where it appears that the holder has procured such license by fraud, material misstatement, or omission or by other deceptive means, or has committed an act in violation of this chapter.
(Ord. 746 § 13, 1988)
Upon sale, transfer, or relocation of an adult entertainment business, the license therefor shall be null and void; provided, however, that upon the death or incapacity of the licensee or any colicensee, any heir or devisee of a deceased licensee, or any guardian of an heir or devisee of a deceased licensee may continue the adult entertainment for a reasonable period of time not to exceed 60 calendar days to allow for an orderly renewal of the license, if such new licensee fulfills all requirements of this chapter.
(Ord. 746 § 14, 1988)
(1) 
The following standards of conduct must be adhered to by employees of any public place of amusement which offers, conducts, or maintains adult entertainment:
(a) 
No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola or of any portion of the pubic region, anus, buttocks, vulva, or genitals except as provided for in subdivision (e) of this subsection and subsection (3)(c) of this section.
(b) 
No employee or entertainer mingling with the patrons shall be unclothed or in such attire, costume, or clothing as described in subdivision (1) of this subsection.
(c) 
No employee or entertainer shall encourage or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person.
(d) 
Except as provided in subdivision (e) of this subsection and subsection (3)(c) of this section, employees or entertainers not in conformance with subdivision (a) of this subsection shall not perform acts of or acts which simulate:
(i) 
Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; or
(ii) 
The touching, caressing, or fondling of the breasts, buttocks, or genitals; or
(iii) 
The displaying of the pubic region, anus, buttocks, vulva, or genitals.
(e) 
No employee or entertainer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the breast below the top of the areola, or any portion of the pubic region, vulva, or genitals, anus and/or buttocks exposed to view except upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron.
(f) 
No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.
(g) 
No employee or entertainer shall remain in or upon the public place of amusement who exposes to public view any portion of his or her genitals or anus except as expressly provided for in subdivision (e) of this subsection and subsection (3)(c) of this section.
(h) 
No entertainer of any place offering adult entertainment shall be visible from any public place during the hours of his or her employment, or apparent hours of his or her employment, on the premises.
(i) 
No entertainer at a place offering adult entertainment shall demand or collect all or any portion of a fee from a patron for entertainment before its completion.
(j) 
A sign shall be conspicuously displayed in the common area of the premises, and shall read as follows:
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY OF DES MOINES; ENTERTAINERS ARE:
a. Not permitted to engage in any type of sexual conduct;
b. Not permitted to be unclothed or in such attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, any portion of the pubic region, buttocks, genitals or vulva and/or anus except upon a stage at least eighteen inches from the immediate floor level and removed at least six feet from the nearest patron; and
c. Not permitted to demand or collect all or any portion of a fee from a patron for entertainment before its completion.
(2) 
At any public place of amusement which offers, conducts, or maintains adult entertainment, the following are required:
(a) 
Admission must be restricted to persons of the age of 18 years or more; and
(b) 
Neither the performance nor any photograph, video, drawing, sketch, or other pictorial or graphic representation thereof displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and/or anus may be visible outside of the public place of amusement so licensed.
(c) 
Sufficient lighting shall be provided in and about the parts of the premises which are open to and used by the public so that all objects are plainly visible at all times.
(3) 
This chapter shall not be construed to prohibit:
(a) 
Plays, operas, musicals, or other dramatic works which are not obscene;
(b) 
Classes, seminars, and lectures held for serious scientific or educational purposes; or
(c) 
Exhibitions or dances which are not obscene.
(4) 
For purposes of this chapter, an activity is "obscene" if:
(a) 
Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex;
(b) 
The activity depicts patently offensive representations according to Des Moines community standards of:
(i) 
Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) 
Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and
(c) 
The activity taken as a whole lacks serious literary, artistic, political, or scientific value.
(5) 
For purposes of this chapter, an activity is "dramatic" if the activity is of, relating to, devoted to, or concerned specifically or professionally with current drama or the contemporary theater.
(Ord. 746 § 15, 1988)
An adult entertainment business operated, conducted, or maintained contrary to the provisions of this chapter or a law of the city or state shall be, and the same is, unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action under this chapter, commence an action or actions, for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such reliefs as will abate or remove such adult entertainment business, and restrain and enjoin any person from operating, conducting, or maintaining an adult entertainment business contrary to the provisions of this chapter.
(Ord. 746 § 17, 1988)
(1) 
No person, except those persons who are specifically exempted by this chapter, whether acting as an individual owner, operator, employee, or agent or independent contractor for the owner, employee, or operator, or acting as a participant or worker in any way directly or indirectly who works in or operates an adult entertainment business, or any of the services defined in this chapter shall conduct the same without first obtaining a license or permit, and paying a fee to do so, from the city.
(2) 
A violation of or failure to comply with this section is a class 1 civil infraction.
(Ord. 746 § 18, 1988; Ord. 1009 § 41, 1993)
Notwithstanding the existence or use of any other remedy, the city may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any business license ordinance or other regulations adopted in this code.
(Ord. 746 § 19, 1988)
(1) 
No person under the age of 18 years shall loiter in or about, or be found in a public place of amusement offering adult entertainment.
(2) 
No person shall allow a person under the age of 18 years to enter or remain upon the premises where adult entertainment is offered.
(3) 
A violation of or failure to comply with this section is a class 1 civil infraction.
(4) 
If a greater minimum age is specified by state law then such provision shall prevail as to enforcement of state law.
(Ord. 746 § 20, 1988; Ord. 1009 § 42, 1993)