City of Harrisonville, MO
Cass County
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Table of Contents
Table of Contents

Section 650.010 Title.

[Ord. No. 2756 §1, 2-19-2002]
This Chapter shall be known as the "Adult Business Code" and may be cited as such and will be referred to in this Chapter as the "code".

Section 650.020 Purpose.

[Ord. No. 2756 §1, 2-19-2002]
It is the purpose of this code to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this code have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this code to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Chapter to condone or legitimize the distribution of obscene material.

Section 650.030 Applicability of Code.

[Ord. No. 2756 §1, 2-19-2002]
A. 
The establishment of any adult business is subject to these regulations and shall include any of the following activities:
1. 
The opening of such a business as a new business.
2. 
The relocation of an adult business establishment.
3. 
The conversion of an existing business to an adult business establishment.
4. 
An increase of the square footage of an existing adult business establishment.
5. 
The conversion of an existing adult business establishment to a different type of adult business establishment.
B. 
An adult business establishment lawfully operating as a conforming business is not rendered non-conforming by the location, subsequent to the granting or renewal of the adult business license, of a school, park, religious institution, group home, nursing facility, hospital, library or property zoned or used for residential purposes located within the City limits and within one thousand (1,000) feet of the adult business establishment. This provision applies only to the renewal of a valid adult business establishment license and does not apply when an application for a new business license is submitted after a previous license has lapsed or has been revoked.

Section 650.040 Severability.

[Ord. No. 2756 §1, 2-19-2002]
In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or other legislation of the City existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the safety, welfare and health of the people shall prevail. If any part of this code should be declared invalid for any reason, such decisions shall not affect the remaining portions of this code.

Section 650.050 Liberal Construction.

[Ord. No. 2756 §1, 2-19-2002]
The provisions of this code shall be liberally construed to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety, welfare and convenience.

Section 650.060 Definitions.

[Ord. No. 2756 §1, 2-19-2002]
For the purpose of this code, the following words and phrases shall have the following interpretation and/or meanings.
ADULT
A person who has attained the age of eighteen (18) years.
ADULT BUSINESS ESTABLISHMENT
Any establishment having as a material portion of its business the offering of entertainment, services, stocks in trade or materials, scenes or other representations predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature including, but not limited to, depiction or descriptions of "specified sexual activities" or "specified anatomical areas" (separately defined). The definition of "adult business establishment" also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:
1. 
Adult Arcade: Any business establishment or concern to which the public is permitted or invited and where coin- or slug-operated or electronically, electrically or mechanically controlled amusement devices, still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed relate to specified sexual activities or exhibition of specified anatomical areas.
2. 
Adult Encounter Parlor: An establishment where a regular and substantial portion of its business is the provision of premises where customers congregate, associate or consort with employees, performers and/or other customers or private contractors who display specified anatomical areas in the presence of such customers, with the intent of providing sexual arousal or excitement to such customers.
3. 
Adult Entertainment Cabaret: An 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 customer.
4. 
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.
5. 
Adult Media Outlet: See definition below.
6. 
Adult Motel: An enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, videotapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six (6) hours at a time.
7. 
Adult Motion Picture Theater: An enclosed building used for presenting or showing, for monetary consideration, movie or video films or pictures or other material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (separately defined) for observation by customers therein. Said adult motion picture theaters generally show "X" rated movies.
8. 
Adult Newsrack: Any 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".
9. 
Adult Retail Establishment: A business which offers for sale or rent instruments, devices, gifts or paraphernalia which are designed or marketed for use in connection with specified sexual activities, clothing that graphically depicts specified anatomical areas or any of the material sold or rented in an "adult media outlet" as defined below, if a substantial or significant portion of such items are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas". For purposes of this Subsection, the presumptions relative to what constitutes a "substantial or significant" portion of business set forth in the definition whether an item is "designed or marketed for use" in connection with specified sexual activities, the following guidelines may be considered:
a. 
Expert testimony as to the principal use of the term;
b. 
Evidence concerning the total business of a person or business establishment and the type of merchandise involved in the business;
c. 
National and local advertising concerning the use of the item;
d. 
Evidence of advertising concerning the nature of the business establishment;
e. 
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
f. 
The physical or structural characteristics of the item;
g. 
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
Any person may request an interpretive ruling from the City, or his/her designee, 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 interpretive 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 Administrator within fifteen (15) days following the interpretive ruling by submitting a written notice of appeal to the City Clerk.
10. 
Adult Theater: An 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 customers.
11. 
Bathhouse: An 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.
12. 
Body Painting Studio: An 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 customer view specified anatomical areas.
13. 
Escort Bureau: Any person, business or agency which, for a fee, commission, hire, reward or profit, furnishes or offers to furnish escorts or persons who, for hire or reward, accompany others to or about social affairs, entertainment or places of amusement or who consort with others, for hire or reward, about any place of public resort or within any private quarters.
14. 
Wet T-Shirt Contests: Any exhibition, dance or modelling predominately distinguished by, or characterized by, soaking t-shirts for the purpose of rendering the shirt less than one hundred percent (100%) opaque. Thereby, rendering the female breast less than completely and opaquely covered.
ADULT ENTERTAINMENT
Any exhibition, dance, pantomime, modeling or other performance predominately distinguished by or characterized by emphasis on depiction or description of an erotic nature including, but not limited to, depiction or descriptions of "specified sexual activities" or "specified anatomical areas" (separately defined).
ADULT MEDIA
Magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (separately defined).
ADULT MEDIA OUTLET
An establishment that rents, sells or offers for viewing or other use any adult media and which meets at least one (1) of the following tests:
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 such items if any one (1) or more of the following criteria are satisfied:
1. 
More than thirty percent (30%) of the floor area is devoted to adult media (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public); or
2. 
More than thirty percent (30%) of the gross sales (including rentals) result from the sale or rental of adult media;
3. 
Thirty percent (30%) or more of the dollar value of all merchandise displayed at any time is attributable to adult media;
4. 
Thirty percent (30%) or more of all inventory consists off adult media at any time;
5. 
Thirty percent (30%) or more of the merchandise displayed for sale consists of adult media;
6. 
Thirty percent (30%) or more of the stock in trade consists of such items at any time.
BOOTH
A small enclosure that separates the occupant from patrons or customers.
CUSTOMER
Any person who:
1. 
Is allowed to enter an adult business establishment in return for the payment of an admission fee or any other form of consideration or gratuity; or
2. 
Enters an adult business establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
3. 
Is a member of or on the premises of an adult business establishment operating as a private club.
DAY CARE FACILITY
Any establishment that provides, on a regular basis, supervision, protection, and care for individuals on a regular basis away from their primary residences for less than twenty-four (24) hours per day.
EMPLOYEE
Any person who renders any service whatsoever to the customers of an adult business establishment or who works in or about an adult business establishment and who receives compensation for such service or work from the operator or owner of the business or from the customers therein. "Employee" includes, but is not limited to, managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of an adult business establishment.
ENTERTAINER
Any person who provides adult entertainment within an adult business establishment, whether or not a fee is charged or accepted for the entertainment.
EROTIC
Devoted to or tending to arouse or excite sexual desires.
FOOT-CANDLE
A unit of illumination lighting a surface, on which there is uniformly distributed a light flux of one (1) lumen over an area of one (1) square foot. A lumen is a unit of measure of the quantity of light energy emitted by a light source without regard to the effectiveness of its distribution. A candela is the unit of intensity of a light source in a specific direction. One (1) candela directed perpendicular to a surface one (1) foot away generates one (1) foot-candle of light. A light source of one (1) candela emits a total of twelve and fifty-seven hundredths (12.57) lumens. For the purposes of this code, the lumen output values shall be the initial lumen output ratings of a lamp.
GROUP BOARDING HOME FOR ADULTS
A residential dwelling unit for six (6) or more persons, eighteen (18) years of age or over.
GROUP BOARDING HOME FOR MINORS
A residential facility for six (6) or more persons under eighteen (18) years of age who for various reasons cannot reside in their natural home and where twenty-four (24) hour adult care, supervision and consultation exists.
MANAGER
Any person who manages, directs, administers, or is in charge of the affairs of or conduct of any portion of any activity of any adult business.
MINOR
A person less than eighteen (18) years of age.
NUDITY
Exposing any of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering below a point immediately below the top of the areola or the showing of the covered male genitals in a discernible turgid state.
NURSING FACILITY
A building or a group of buildings where, for compensation pursuant to the previous arrangement, care is offered or provided for three (3) or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior, which is not of sufficient severity to require hospital attention, or for three (3) or more persons requiring further institutional care after being discharged from a hospital.
OPERATE
To own, conduct or maintain the affairs of an adult business establishment.
OPERATOR
Any person, partnership or corporation operating, conducting or maintaining an adult business establishment.
PARK
Any public or private land designated for park or recreational activities but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness area or similar land.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity or other entity or group of persons however organized.
RELIGIOUS INSTITUTION
A structure or site such as a church, synagogue, chapel, sanctuary or cathedral used primarily for religious activity or worship and related religious activities.
RESIDENTIAL ZONE
Any property within the City which is zoned or used for residential purposes. The zoning designations refer to the Sections in the City zoning ordinance as may be amended from time to time and include any property in the City which is zoned "A" (Agricultural), "E" (Estate), "EP" (Planned Estate), "R-1" (Single-Family), "RP-1" (Planned Single-Family Residential), "R-1M" (Manufactured Home Park), "R-1" MP (Planned Manufactured Home Park), "R-2" (Two-Family) "RP-2" (Planned Two-Family Residential), "R-3" (Cluster/Garden Apartment District), "RP-3" (Planned Cluster/Garden Apartment District), "R-4" (Apartment), "RP-4" (Planned Apartment).
SCHOOL
Any institution of teaming, whether public or private. This definition includes, but is not limited to, a nursery school, kindergarten, elementary school, junior high school, senior high school, college and university.
SPECIFIED ANATOMICAL AREAS
These include:
1. 
Less than completely and opaquely covered: human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and
2. 
Human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct including, but not limited to:
1. 
Human genitals in a state of sexual stimulation or arousal; and/or
2. 
Acts of human masturbation, sexual intercourse or arousal; and/or
3. 
Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
4. 
Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; and/or
5. 
Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
6. 
Fondling or other erotic touching of clothed or unclothed human genitals, pubic region, buttock, or female breast; and/or
7. 
Acts involving animals or latent objects.

Section 650.070 General Regulations and Requirements.

[Ord. No. 2756 §1, 2-19-2002]
A. 
Age Restriction. Only adults, as defined in this code, shall be permitted on the premises of any adult business establishment. If alcoholic or cereal malt beverages are sold or served on the premises, only persons twenty-one (21) years of age or older may be permitted on the premises.
B. 
Hours Of Operation. It shall be unlawful for any adult business establishment to be conducted, operated, or otherwise open to the public, customers or members between the hours of 12:00 Midnight and 10:00 A.M. Monday through Saturday. No adult business establishment shall be open on any Sunday.
C. 
Exterior Display. The premises of all adult business establishments shall be so constructed as to ensure 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 exterior doorways must be constructed with an anteroom or foyer so as to prevent observation of the interior of the premises from the exterior of the building.
D. 
Nudity Prohibited. No manager, employee, entertainer or customer in an adult business establishment shall be unclothed, nude or in such less-than-opaque and complete attire, costume or clothing, so as to expose to view any "specified anatomical area".
E. 
Protective Barrier Required. Any adult business establishment engaging in the display or performance of live models, dancers, entertainers or other performers shall erect a platform at least two (2) feet above the primary level of the customer floor level on which the employee or entertainer must be contained, shall not permit customers within ten (10) feet of the employee or entertainer and shall, in addition, erect a protective barrier from floor to ceiling of sufficient strength to prevent customers from entering the area of the employee or entertainer or touching the employee or entertainer in any manner. Further, it shall be unlawful for any customer to be upon any portion of the stage during a performance or for an owner, operator or manager to permit a customer to be upon any portion of the stage during the performance.
F. 
Erotic Touching Prohibited. No employee, dancer, entertainer or customer of an adult business establishment shall be permitted to manually or through other bodily contact stimulate the genitals, pubic region, breasts or buttocks of themselves or any other person.
G. 
Display Or Performance. No adult business establishment shall permit any employee, entertainer, model, dancer, other performer or customer to participate in any entertainment, live display or performance which depicts, describes or simulates "specified sexual activities" or contains any acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
H. 
Devices. No employee, model, dancer, entertainer, other performer or customer shall wear or use any device or covering exposed to view which simulates any "specified anatomical area", nor shall any employee, model, danger, entertainer, other performer or customer use artificial devices or inanimate objects to depict any of the prohibited activities described in this code.
I. 
Entertainer Payment Or Gratuity. No model, dancer, entertainer or other performer, while on the premises of an adult business establishment, shall solicit, demand or receive any payment or gratuity from any customer directly, rather all gratuities shall be placed in a permanently affixed receptacle provided for gratuities. No gratuity may be offered or accepted while a performance is being conducted.
J. 
Lighting. All adult business establishments 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 two (2) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer is present in or on the premises.
K. 
Vending Machines Prohibited. No coin- or token-operated vending machine which sells adult media may be located in a place open to the public, except that said machines are permitted in public places from which minors are excluded.
L. 
Closed Booths Or Rooms Prohibited. The premises of all adult business establishments shall be physically arranged in such a manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a public common area of the premises.
1. 
Visibility shall not be blocked or obscured by doors, curtains, drapes, or any other obstruction whatsoever.
2. 
The entire body of any viewing person must also be visible from the public common area without the assistance of mirrors or other viewing aids.
3. 
No booth shall be occupied by more than one (1) customer at a time.
4. 
No holes shall be permitted between booths or individual viewing areas.
M. 
Identification Cards. Any adult business employee issued a permit by the City Clerk under the provisions contained herein shall, at all times when working in an adult business establishment, have in such employee's possession a valid identification card issued by the City bearing the permit number, the employee's physical description and a photograph of such employee. Such identification card shall be laminated to prevent alteration.
N. 
Ventilation And Sanitation Requirements. The premises of all adult business establishments 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.
O. 
Manager On Premises.
1. 
A permitted manager shall be on duty at all adult business establishments at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours.
2. 
It shall be the responsibility of the manager to verify that every employee within any adult business establishment possesses a current and valid permit and have in their possession a current and valid identification card at all times while working.
P. 
General Prohibitions. No owner, operator, manager, or other person in charge of the premises of an adult business establishment shall:
1. 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon the premises unless authorized to do so by a properly issued and current liquor license as required by City ordinances;
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) to be in or upon the premises of an adult business establishment or any person under the age of twenty-one (21) if alcohol or cereal malt beverages are sold;
4. 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises, as prohibited by State law or City ordinance;
5. 
Knowingly allow or permit a violation of this code or applicable City ordinance; or
6. 
Knowingly allow any entertainer, employee, manager or operator to perform any work, service or entertainment directly related to the operation of an unlicensed adult business.
Q. 
Facilities Necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the Director of Community Development or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business 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 or showers taken. Floors shall be free of any accumulation of dust, dirt or refuse. All equipment used in the business' operation shall be maintained in a clean and sanitary condition. Towels, linens and items for personal use of operators and patrons shall be clean and freshly laundered for each patron. Heavy, white paper may be substituted for sheets provided that such paper is changed for every patron. 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.
2. 
Toilet facilities shall be provided in convenient locations. 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 time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilet facilities shall be designated as to the gender 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.
The Director of Community Development 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 herein shall be construed to eliminate other requirements of statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof. The Director of Community Development may recommend the issuance of a license contingent upon compliance with all requirements of this Section.

Section 650.080 Notification Requirements.

[Ord. No. 2756 §1, 2-19-2002]
Signage. All adult business establishments shall maintain on the premises a sign on which the upper-case letters shall be at least two (2) inches high and lower-case letters shall be at least one (1) inch high, which shall be conspicuously displayed in the common area at the principal entrances to the adult business establishment and which shall read as follows:
THIS ADULT BUSINESS IS
REGULATED BY THE CITY OF HARRISONVILLE, MISSOURI
EMPLOYEES, MODELS, DANCERS AND ENTERTAINERS:
*
Are not permitted to engage in any type of sexual conduct or in prostitution on the premises, or to fondle or caress the breasts, pubic region, buttocks or genitals of any employee, customer or other entertainer or to permit any employee, customer or other entertainer to fondle or caress the breasts, pubic region, buttocks or genitals of said entertainer.
*
Are not permitted to solicit, demand or receive any payment or gratuity from any customer, except as follows: A gratuity may be placed in a permanently affixed receptacle provided for gratuities but not while a performance is being conducted.
*
No nudity is permitted.
CUSTOMERS ARE:
*
Not permitted to be upon stage at any time.
*
Not permitted to caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server, entertainer or customer or engage in solicitation for prostitution.

Section 650.090 Licensing and Permitting Requirements.

[Ord. No. 2756 §1, 2-19-2002]
A. 
Adult Business Establishment License Required. No person shall operate an adult business establishment without having first obtained an annual adult business license from the City Clerk. A separate license shall be required for each and every separate place of business conducted by any one (1) applicant. Such permit shall be valid only from January first (1st) to December thirty-first (31st). Every person obtaining an adult business license shall post such license in a conspicuous place and manner on the adult business establishment premises. The failure to post an adult business license in the manner required herein shall be prima facie evidence that the adult business does not have 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 has knowledge that such business is not licensed.
1. 
License application. When making application to the City for an adult business establishment license, the applicant shall provide the following information which shall be signed by the applicant, verified, notarized and be accompanied by the license and classification fees:
a. 
The name, residence address, home telephone number, date and place of birth and social security number of the applicant and his/her relationship to the business.
b. 
The business name, address and telephone number of the establishment. The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
c. 
The names, residence addresses, residence telephone numbers, social security numbers and dates of birth of any stockholder, partner or member who owns more than ten percent (10%) interest in such adult business establishment.
d. 
The name, address and telephone number of the owner of the property at which the business will be located.
e. 
A description of the adult entertainment or similar business history of the applicant and of all the partners and of all corporate officers and directors and any stockholder, partner or member who owns more than ten percent (10%) interest in such adult business establishment previously operating in this or another City, County or State, where it has had a business license revoked or suspended, the reason therefor and the activity or occupation subjected to such action, suspension or revocation.
f. 
A verified statement from the applicant and any stockholder, partner or member who owns more than ten percent (10%) interest in such adult business establishment that each such person has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of or diverted from prosecution of a misdemeanor or public offense, or released from confinement for conviction of a misdemeanor or public offense, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or public offense involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or driving under the influence of intoxicating liquor or drugs as defined in Missouri Statutes, City ordinances, or the law of another City or State which prohibits driving under the influence of alcohol and/or drugs, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or City ordinances.
g. 
A full set of fingerprints and two (2) photographs, to be taken by the Harrisonville Police Department, of the applicants and of any stockholder, partner or member who owns more than ten percent (10%) interest in such adult business establishment.
h. 
If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Missouri Secretary of State.
i. 
On applications requesting a license or renewal of license to operate a bathhouse or body painting studio, the applicant shall provide for each employee a health certificate from a duly licensed Missouri physician stating that within thirty (30) days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease. For each person who is subsequently employed, a health certificate shall be submitted to the City Clerk forty-eight (48) hours prior to the time such person begins employment.
B. 
Employee Permit Required. All persons employed in an adult business establishment, including managers or operators, must annually obtain an adult business employee permit. This permit will be valid from January first (1st) to December thirty-first (31st).
1. 
Permit application. Any person applying for an adult business employee permit shall provide the following information which shall be signed by the applicant, be verified, notarized and be accompanied by the license and classification fees:
a. 
The applicant's name, home address, home telephone number, date of birth, social security number, and any stage names or nicknames used in entertaining or performing.
b. 
The name and address of each business at which the applicant intends to work as a manager, operator, employee or dancer, model, entertainer or other performer.
c. 
A Missouri State Highway Patrol Request for Criminal Record Check form shall be filled out by the applicant in its entirety and submitted to the City with the application material.
d. 
A statement from the applicant that he/she has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of or diverted from prosecution of a misdemeanor or public offense, or released from confinement for conviction of a misdemeanor or public offense, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or public offense involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or driving under the influence of intoxicating liquor or drugs as defined in Missouri Statutes, City ordinances, or the law of another City or State which prohibits driving under the influence of alcohol and/or drugs, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or City ordinances.
e. 
A full set of fingerprints and two (2) photographs taken by the Harrisonville Police Department.
f. 
The applicant shall provide documentation that he/she has attained the age of eighteen (18) years or twenty-one (21) years of age if the adult business establishment in which the applicant will be working sells or serves alcoholic or cereal malt beverages. Any of the following shall be accepted as documentation of age:
(1) 
A motor vehicle operator's license issued by any State bearing the applicant's photograph and date of birth;
(2) 
A state-issued identification card bearing the applicant's photograph and date of birth;
(3) 
An official and valid passport issued by the United States of America;
(4) 
An immigration card issued by the United States of America;
(5) 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or
(6) 
Any other form of identification deemed reliable by the City Clerk.
g. 
A statement signed under oath that the applicant has personal knowledge that the information in the permit application is true and correct and that the applicant has read the provisions of this code regulating adult business establishments.
C. 
License, Classification And Fees.
1. 
The application for a license shall be accompanied by payment in full of the fee stated herein by certified or cashier's check or money order, and no application shall be considered complete until such fee is paid.
2. 
The classification of licenses and fees shall be as follows:
a. 
Adult business establishment license fee is three hundred dollars ($300.00) per year.
b. 
Change of address fee for adult business establishment is ten dollars ($10.00) per year.
c. 
Adult business employee permit application fee is one hundred dollars ($100.00) per year.
d. 
Change of address for adult business employee permit is ten dollars ($10.00) per year.
D. 
Application Processing.
1. 
Upon receipt of an application for an adult business establishment license or adult business employee permit, the City Clerk shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Director of Community Development.
2. 
It shall be the duty of the Chief of Police to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license or permit. The Chief of Police shall report the results of the investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk. It shall be the duty of the Director of Community Development to determine whether the structure where the adult 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 Director of Community Development shall report the results of his/her investigation to the City Clerk not later than twenty (20) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police and the Director of Community Development, the City Clerk shall determine if the license application meets the criteria for approval and shall issue license if it does and deny the license if it does not.
E. 
Criteria For Approval. A license or permit shall be issued if the City finds that:
1. 
The business for which a license is required will be conducted in a building, structure and location which complies with the requirements and standards of the applicable zoning and building codes of the City as well as the requirements of this code; and
2. 
The applicant has not made any knowingly false, misleading or fraudulent statement of material fact in the application for a license or permit or in any report or record which may be required to be filed with the City Clerk; and
3. 
The applicant and all employees, agents, partners, directors, officers or managers shall have attained the age of eighteen (18) years, or if the business for which the license is required sells or serves alcoholic or cereal malt beverages, then the applicant and all employees, agents, partners, directors, officers or managers have attained the age of twenty-one (21) years; and
4. 
The applicant or any partner or any stockholder, partner or member who owns more than ten percent (10%) interest in such entity has not been convicted of or diverted from prosecution of a felony or released from confinement for conviction of any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of or diverted from prosecution of a misdemeanor or public offense, or released from confinement for conviction of a misdemeanor or public offense, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or public offense involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or driving under the influence of intoxicating liquor or drugs as defined in Missouri Statutes, City ordinances, or the law of another City or State which prohibits driving under the influence of alcohol and/or drugs, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or City ordinances; and
5. 
The applicant or any stockholder, partner or member who owns more than ten percent (10%) interest in such entity has not had a license or permit issued under the provisions of this code or another State, County or municipality's regulations governing adult entertainment or similar businesses revoked within five (5) years immediately preceding the application.
F. 
Disapproval Of Application. 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 the Cass County District Court in a manner provided by law. Such appeal shall be filed within thirty (30) days of the final decision of the City Clerk. The action taken by the City Clerk to issue or to deny issuance of a license shall be final and subject to judicial review.
G. 
Suspension And Revocation Of License. Whenever the City has information that:
1. 
The owner or operator of an adult business establishment has violated or knowingly allowed or permitted the violation of any of the provisions of this code; or
2. 
There have been recurrent violations of provisions of this code that have occurred under such circumstances that the owner or operator of an adult business establishment knew or should have known that such violations were committed; or
3. 
The adult business establishment license was obtained through knowingly false statements in the application for such license or renewal thereof; or
4. 
The adult business establishment knowingly 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 stockholder, partner or member who owns more than ten percent (10%) interest in such entity has become disqualified from having a license by a conviction or diversion described in Subsection (E) of this Section, Criteria for Approval; or
6. 
Any cost or fee required to be paid by this code is not paid; or
7. 
An operator employs anyone who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs as an entertainer without a permit,
then the City may, upon five (5) days of posting notice on the adult business establishment's principal entrance, suspend the business license for a period not to exceed sixty (60) days. Within ten (10) days of the date of the notice, the City Administrator shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing and shall be served upon the licensee or by registered or certified mail to the licensee's last known business address. In the event that the City is not able to serve notice upon the licensee, and any notice sent by mail is returned by the postal service, the City shall cause such notice to be posted at the principal entrance of the adult business establishment, and such posting shall be a valid means of service. If the City Administrator finds and concludes from the evidence that the licensee has violated any of the above provisions, he/she may suspend, revoke or, in the case of a renewal application, refuse to renew such license. Following the entry of an order by the City Administrator suspending or revoking a license issued pursuant to this code, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
H. 
Suspension And Revocation Of Permit. Whenever the City has information that:
1. 
The permittee has violated or knowingly allowed or permitted the violation of any of the provisions of this code; or
2. 
There have been recurrent violations of provisions of this code that have occurred under such circumstances that the permittee knew or should have known that such violations were committed; or
3. 
The adult business employee permit was obtained through knowingly false statements in the application for such permit or renewal thereof; or
4. 
The permittee knowingly failed to make a complete disclosure of all information in the application for such permit or renewal thereof; or
5. 
The permittee has become disqualified from having a permit by a conviction or diversion described in Subsection (E) of this Section, Criteria for Approval; or
6. 
The adult business establishment license for the business in which the permittee is working has been suspended or revoked,
then the City may, five (5) days after sending notice to the permittee by placing such notice in the U.S. mail to the home address provided on the permittee's application, suspend the permit for a period not to exceed sixty (60) days. Within ten (10) days of the date of the notice, the City Administrator shall hold a hearing to ascertain all facts in the matter. Notice of such hearing shall be in writing and shall set forth the reason for the hearing and shall be served upon the permittee in person or by registered or certified mail to the address provided on the permittee's application.
In the event that the City is not able to serve notice upon the permittee in person, and any notice sent by mail is returned by the postal service, service shall still be considered valid. An appeal taken from an order of suspension shall not suspend the order of suspension during the pendency of any such appeal. If the City finds and concludes from the evidence that the permittee has violated any of the above provisions, it may suspend, revoke or, in the case of a renewal application, refuse to renew such permit. Following the entry of an order by the City Administrator suspending or revoking a permit issued pursuant to this code, such permittee or applicant may seek judicial review in a manner provided by law. The City Administrator shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
I. 
Change Of Address. Any adult business establishment changing its address must reapply for an adult business establishment license and pay the appropriate license and classification fee. The application must be provided to the City Clerk's office prior to opening at the new location.

Section 650.100 Transfer of Permits, Licenses and Fees.

[Ord. No. 2756 §1, 2-19-2002]
A. 
Business licenses and employee permits are not transferable, and such authority as a license or permit confers shall be conferred only on the individual or business named therein.
B. 
Any applications made, fees paid and licenses or permits obtained under any of the provisions of this code shall be in addition to and not in lieu of any other fees, permits or licenses required to be paid or obtained under any other ordinance of this City.
C. 
All adult business licenses shall be issued only for the 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.

Section 650.110 Renewal.

[Ord. No. 2756 §1, 2-19-2002]
A. 
A license or permit may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses and permits shall expire on December thirty-first (31st) of each calendar year, and renewal applications for such licenses and permits shall be submitted between December first (1st) and December thirty-first (31st).
B. 
Upon timely application and review as provided for a new license or permit, a license or permit issued under the provisions of this code shall be renewed by issuance of a new license or permit in the manner provided herein.
C. 
If the application for renewal of license or permit is not made during the time provided herein, the expiration of such license or permit shall not be affected, and a new application shall be required.
D. 
Following the entry of an order by the City Administrator disapproving the renewal application for a license or permit, such licensee or applicant may seek judicial review in a manner provided by law. The City Administrator shall stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.

Section 650.120 Operator Responsibility.

[Ord. No. 2756 §1, 2-19-2002]
A. 
In addition to the other requirements set out in this code, the operator of an adult business establishment shall also have the following responsibilities:
1. 
Every act or omission by an employee constituting a violation of the provisions of this code shall be deemed an act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
2. 
The operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this code shall be deemed the act or omission of the operator for the purposes of determining whether the license for the adult business establishment shall be suspended, revoked or renewed.
3. 
The operator shall maintain a register of all employees, showing the name, and aliases used by the employee, home address, age, birth date, sex, weight, height, color of hair and eyes, phone numbers, Social Security number, date of employment and termination, and duties of each employee.
The above information on each employee shall be maintained in the register on the premises for a period of one (1) year following termination. The operator shall make the register of employees available immediately upon demand of any Law Enforcement Officer at all reasonable times.

Section 650.130 Inspections.

[Ord. No. 2756 §1, 2-19-2002]
A. 
Any duly authorized officer of the City, including, but not limited to, the City Administrator, the City Attorney, Police Officers, Code Compliance Officers, Community Development Department employees, Fire Department officials, may from time to time make an inspection of each adult business establishment for the purposes of determining that the provisions of this code are complied with. Such inspections shall be at reasonable times and in a reasonable manner. It shall be unlawful for anyone to fail to allow such officer immediate access to the premises or to hinder such officer in any manner.
B. 
Any business that engages in the barter, rental or sale of items consisting of printed matter, pictures, slides, records, videotapes, compact discs, motion pictures, films or other media, if such business is not open to the public in general but only to one (1) or more classes of the public, 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 establishment" as defined herein. This entry and inspection shall take place during hours when such business is open to the public, unless otherwise requested by the business, and shall not unreasonably interfere with the conduct of business.

Section 650.140 Regulations.

[Ord. No. 2756 §1, 2-19-2002]
The City Administrator shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of this code and which are not inconsistent with the provisions of this code.

Section 650.150 Location and Distance Requirements.

[Ord. No. 2756 §1, 2-19-2002]
A. 
Adult business establishments may be located in any property zoned "M-2" and "MP-2". No adult business establishment shall be located in any zoning district of the City except "M-2" and "MP-2".
B. 
Residential. Adult business establishments may not be located within one thousand (1,000) feet of any property zoned or used for residential purposes.
C. 
Schools, Parks, Religious Institutions, Group Homes, Nursing Facility, Hospitals And Libraries. No adult business establishment shall be permitted to locate or expand within one thousand (1,000) feet of any private or public school, public park, day care facility, group home for adults or minors, nursing facility, hospital, library or religious institution or place of worship.
D. 
Other Adult Uses. No adult business establishment shall be permitted to locate or expand within two thousand (2,000) feet of another adult business establishment.
E. 
Facilities With A Liquor License. No adult business establishment shall be permitted to locate or expand within two thousand (2,000) feet of any business licensed to sell or serve alcoholic liquor or cereal malt beverages, whether or not such business is also an adult business establishment.
F. 
Measurement Of Distance.
1. 
The distance between any adult business establishment and any religious institution, school, group home, nursing facility, hospital, library, public park or child care facility or any property zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult business use to the closest property line of the religious institution or place of worship, private or public school, public park, child care facility, property zoned for residential use, group home, nursing facility or hospital.
2. 
The distance between any two (2) adult business establishments or between any adult business establishment and a business licensed to sell or serve alcoholic or cereal malt beverages shall be measured in a straight line, without regard to intervening structures, from the closest property line of each business.

Section 650.160 Penalties.

[Ord. No. 2756 §1, 2-19-2002]
A. 
Any person who violates the provisions of this code shall be guilty of a municipal offense and, upon conviction, shall be punished by a fine of not less than one dollar ($1.00) but no more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days or shall be both so fined and imprisoned. In addition, any violation of this code shall be grounds for the City Clerk to revoke any or all licenses or permits issued by the City.
B. 
Each violation of this code shall be considered a separate offense, and any violation continuing more than one (1) day shall be considered a separate offense for each day of violation.
C. 
The conduct of any business within the City in violation of any of the terms of this code is hereby found and declared to be a public nuisance and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement, removal and enjoyment thereof, in the manner provided by law, and shall take other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate or remove such adult business establishment and restrain and enjoin any person from conducting, operating or maintaining an adult business establishment contrary to the provisions of this code.