[Ord. No. 2376 §1, 11-11-2003]
The following words, when used in this Chapter, shall have the
meanings set out below:
Any business which offers its patrons goods of which a substantial
portion are sexually oriented materials. Any business where more than
ten percent (10%) of display space is used for sexually oriented materials
shall be presumed to be an adult business.
Any device or any other items intended to provide sexual
stimulation or sexual gratification to the customer including, but
not limited to, any book, magazine, newspaper or other printed or
written matter, picture, drawing, photograph, motion picture film,
video, pictorial representation, statue, figure or other three-dimensional
object, recording, transcription or anything which is or may be used
as a means of communication that depicts, describes or portrays human
sexual intercourse, sodomy, bestiality, oral copulation, masturbation,
urinary and defecatory functions, sadism, masochism, sadomasochistic
abuse, exhibition of the genitals or any touching of the genitals,
pubic areas or buttocks of the human male or female, whether alone
or between members of the same or opposite sex, or between humans
and animals, in an act of apparent sexual stimulation or gratification.
[Ord. No. 2376 §1, 11-11-2003]
A.
It shall
be unlawful for any owner or operator of an adult or sexually oriented
business to:
1.
Purvey
or display any obscene material in violation of Article XIII of the
Municipal Code of the City of Shrewsbury as amended;
2.
Purvey
or display child pornography as that term is defined in Section 573.010,
RSMo. (1994 as amended);
3.
Purvey
or display to a person under the age of eighteen (18) any sexually
oriented material;
4.
Display
or promote adult or sexually oriented material so that it is visible
from outside the premises or allow for the viewing of adult or sexually
oriented material, whether by drawing, photograph, motion picture
film, video or other pictorial representation, in any public, private,
or semi-private viewing area on the premises;
5.
Employ
at the adult or sexually oriented business any person who:
a.
Has been convicted of violating the provisions of Articles XI, XII and XIII of the Municipal Code of the City of Shrewsbury or Chapters 706 or 713, SLCRO 1974, as amended, Chapters 566, 567, 568 or 573, RSMo. (1994 as amended) or has been convicted of any offense which if committed in the City of Shrewsbury, St. Louis County or the State of Missouri would constitute such offenses;
b.
Is
under the age of eighteen (18);
c.
Make
a false statement on the application for a license.
[Ord. No. 2376 §1, 11-11-2003]
The City of Shrewsbury is authorized to inspect an adult or
sexually oriented businesses to determine compliance with this Chapter
and to issue licenses in accordance with this Chapter.
[Ord. No. 2376 §1, 11-11-2003]
A.
It shall
be unlawful for any person to own or operate an adult or sexually
oriented business without a valid license issued therefor by the City
in accordance with the provisions of this Chapter.
B.
A license
issued under this Chapter shall be displayed at all times in an open
and conspicuous place in the adult or sexually oriented business for
which it was issued.
C.
A license
issued pursuant to this Chapter shall be valid for one (1) year from
date of issue. However, any license issued pursuant to this Chapter
may be suspended or revoked at any time for failure to comply with
the regulations contained in this Chapter.
D.
A license
issued under the provisions of this Chapter shall not be transferred
to another person nor shall a single license authorize the operation
of more than one (1) adult or sexually oriented business. The location
of the one (1) business being licensed shall be designated in the
application.
[Ord. No. 2376 §1, 11-11-2003]
A.
The interior
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which customers are permitted
access at an illumination of not less than one (1) foot-candle as
measured at floor level. It shall be the duty of the licensee to ensure
that the illumination described above is maintained at all times that
the premises are open for business.
B.
It shall
be the duty of the licensee and of any employees of the licensee at
the premises to ensure that no act of sexual intercourse, oral sexual
contact or sexual contact, including masturbation, occurs in or on
the licensed premises.
C.
The licensee
shall post conspicuous signs or notices advising customers that no
act of sexual intercourse, oral sexual contact or sexual contact,
including masturbation, is permitted on the premises.
[Ord. No. 2376 §1, 11-11-2003]
A.
Application
for a license under this Chapter may be made by submitting to the
City a completed application in such form as may be prescribed by
the City to ensure compliance with this Chapter. Application forms
may be obtained from the Department of Administration. The City is
authorized to utilize the Police Department of the City of Shrewsbury,
the St. Louis County Police Department, the Missouri Highway Patrol
or any other appropriate governmental agency (local, State or Federal)
which may provide information pertinent to the sufficiency of the
application for license.
B.
The City
shall notify any applicant for a license within thirty (30) days of
receiving the completed application whether the license shall be issued
or denied.
C.
No license
shall issue for any adult or sexually oriented business if:
1.
The
proposed location of said business is within one thousand (1,000)
linear feet from any of the following pre-existing land uses, which
have been determined by the Board of Aldermen of the City of Shrewsbury
to be inconsistent with the operation of an adult or sexually oriented
business, measured in a straight line from the nearest property line
to the nearest property line;
a.
Any
"R" Residence District ("RI", "R2" or "R3");
b.
A
church, chapel or place of religious worship;
c.
A
public or private school;
d.
A
public or private university or college;
e.
A
hospital or nursing home;
f.
A
licensed day care for children;
g.
A
public park;
h.
A
cultural institution, such as a museum or library;
i.
A
pre-existing sexually oriented business; or
D.
A sexually
oriented business in operation at the time this Chapter is enacted
that has submitted to the City a properly completed application for
a license and licensing fee may continue to operate until such time
as the applicant is notified of the denial or revocation of any license
issued or to be issued pursuant to this Chapter. Applications shall
be made within twenty-one (21) days of the date this Chapter becomes
effective and failure so to apply shall be construed as a voluntary
relinquishment of any right to operate such adult or sexually oriented
business.
E.
The City
shall issue a license if the information submitted in the application,
along with any other pertinent information available to the City,
demonstrates that the business to be licensed complies with the provisions
of this Chapter.
[Ord. No. 2376 §1, 11-11-2003]
Licensees desiring to renew current licenses shall, not less
than ten (10) days prior to the expiration of the license, file with
the City an application for renewal. Upon payment of the license fee
as provided for herein, the City shall renew the license for an additional
license year if the conditions under which the original license was
issued have not changed.
[Ord. No. 2376 §1, 11-11-2003]
The City, after public hearing, may suspend or revoke any license
issued under this Code for violations of this Code.
[Ord. No. 2376 §1, 11-11-2003]
An applicant who has been denied either an initial license or
a renewal license or whose license has been suspended or revoked may
appeal the City's decision by filing a written notice of appeal within
ten (10) days of the denial. The City shall call for a public hearing
of the appeal within ten (10) days of receipt of such notice of appeal
and shall issue a decision thereon within five (5) working days of
the public hearing. An applicant aggrieved by the City's decision
may file a written notice of appeal to the Board of Aldermen of the
City of Shrewsbury within ten (10) days of the final decision of the
City. The Board of Aldermen of the City of Shrewsbury shall schedule
a public hearing of such appeal within two (2) weeks of filing of
the written notice of appeal or as soon thereafter as is possible
if the Board of Aldermen of the City of Shrewsbury is not in session
when the notice of appeal is filed. The Board of Aldermen of the City
of Shrewsbury shall affirm the decision of the City if it finds by
clear and convincing evidence that the conditions pertinent to issuance
of a license have not been met. An applicant aggrieved by any decision
shall have the right to seek judicial review at any time during the
process as is permitted by applicable State law.
[Ord. No. 2376 §1, 11-11-2003]
The City shall quarterly inspect any adult or sexually oriented
business within the City's authority to determine compliance with
any of the provisions of this Chapter. The fee for such inspections
shall be twenty-five dollars ($25.00) per inspection. The City may
request the assistance of any appropriate City department or any County,
State or Federal agency which the City Administrator deems useful
in making such inspections as the City Administrator deems necessary.
[Ord. No. 2376 §1, 11-11-2003]
A.
It shall
be unlawful for the owner or operator of an adult or sexually oriented
business to erect, construct or maintain any sign for the sexually
oriented business except for one (1) primary, as provided herein.
B.
Primary
signs shall have no more than two (2) display surfaces which shall:
1.
Not
contain any flashing lights;
2.
Be a
flat plane, rectangular in shape;
3.
Not
exceed sixty (60) square feet in area;
4.
Not
exceed ten (10) feet in height or ten (10) feet in length;
5.
Not
contain a photograph, silhouette, drawing or pictorial representation
of any kind and may display only the name of the adult or sexually
oriented business and one (1) or more of the following: "adult bookstore",
"adult novelties", "adult entertainment".
6.
Any
sign located on the premises of a commercial multi-unit center containing
an enterprise that displays the name or any portion of the name of
the enterprise, any name under which any enterprise was formerly operated
on the premises, or any other terminology that is commonly used to
identify or is associated with the presence of an adult or sexually
oriented business shall comply with the restrictions of this Section.
The intent of this Subsection is to prevent the use of the signage
identifying the commercial multi-use center itself as a subterfuge
to evade the restrictions on adult or sexually oriented business signs
set forth in this Section.
[Ord. No. 2376 §1, 11-11-2003]
A.
The City
may sue in the Circuit Court of St. Louis County, Missouri, for an
injunction to prohibit the violation of any of the provisions in this
Chapter.
