Wright City, MO
Warren County
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Table of Contents
Table of Contents

Section 630.005 Purpose.

[Ord. No. 575 §I, 3-23-2006]
It is the purpose of this Chapter to regulate sexually oriented businesses and related activities 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 Chapter 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 neither the intent nor effect of this Chapter 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 materials.

Section 630.010 Definitions.

[Ord. No. 575 §I, 3-23-2006; Ord. No. 744 §1, 12-8-2011]
As used in this Chapter, the following terms shall have these prescribed meanings:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment that, as one (1) of its principal business purposes, offers for sale or rent for any form of consideration any one (1) or more of the following:
1. 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas"; or
2. 
Instruments, devices, games or paraphernalia that are designed for use in connection with "specified sexual activities".
A principal business purpose exists if materials offered for sale or rent depicting or describing "specified sexual activities" or "specified anatomical areas" generate ten percent (10%) or more of the business's income or account for ten percent (10%) or more of inventory or occupy ten percent (10%) or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rent of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as "adult bookstore" or "adult video store". Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "adult bookstore" or "adult video store" so long as one (1) of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas".
ADULT CABARET
A nightclub, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually or consistently features:
1. 
Persons who appear in a state of nudity or semi-nudity; or
2. 
Live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. 
Films, motion pictures, video cassettes, slides, photographic reproductions or other image- producing devices that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
4. 
Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
1. 
Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
2. 
Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or
3. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that it less than twenty-four (24) hours.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly, commonly, habitually or consistently shown that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity and/or live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
CITY CLERK
The City Clerk of the City and such employee(s) of the Clerk's department as he/she may designate to perform the duties of the City Clerk under this Chapter.
EMPLOYEE
A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not the said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
1. 
The opening or commencement of any sexually oriented business as a new business;
2. 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. 
The additions of any sexually oriented business to any other existing sexually oriented business;
4. 
The relocation of any sexually oriented business; or
5. 
A sexually oriented business or premises on which the sexually oriented business is located.
LICENSED DAY CARE CENTER
A facility licensed by the State of Missouri, whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LICENSEE
A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
LIVE THEATRICAL PERFORMANCE
A play, skit, opera, ballet, concert, comedy or musical drama.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY or a STATE OF NUDITY
The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES
The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee as described in the application for a business license pursuant to Section 630.020 of this Chapter.
SEMI-NUDE OR SEMI-NUDITY
The appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
1. 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. 
Activities between persons of the opposite sex and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nudity.
A principal business purpose exists if the services offered are intended to generate business income.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
Sexually oriented business uses are classified as follows:
1. 
Adult arcades; or
2. 
Adult bookstores or adult video stores; or
3. 
Adult motels; or
4. 
Adult motion picture theaters; or
5. 
Adult theaters; or
6. 
Adult cabarets; or
7. 
Escort agencies; or
8. 
Nude model studios; or
9. 
Sexual encounter centers.
SPECIFIED ANATOMICAL AREAS
1. 
The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
2. 
Less than completely and opaquely covered human genitals, pubic region, buttocks or a females breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
1. 
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this State, other States or other countries.
2. 
For which:
a. 
Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. 
Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
c. 
Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
3. 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1. 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered;
2. 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. 
Masturbation, actual or simulated; or
4. 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
The increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas existed on March 23, 2006.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
3. 
The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Section 630.020 License Required.

[Ord. No. 575 §I, 3-23-2006]
A. 
It shall be unlawful for any person to operate a sexually oriented business without a valid sexually oriented business operator's license ("operator's license") issued by the City Clerk pursuant to this Chapter.
B. 
An application for a sexually oriented business operator's license must be made on a form provided by the City. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
C. 
All applicants for a license must be qualified according to the provisions of this Chapter. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established under this Chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
D. 
If a person who wishes to own or operate a sexually oriented business is an individual, he must sign the application for an operator's license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for an operator's license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator's license as applicant.
E. 
Applications for an operator's license, whether original or renewal, must be made to the City Clerk by the intended operator of the enterprise. Applications must be submitted to the office of the City Clerk or the City Clerk's designee during regular working hours. Application forms shall be supplied by the City Clerk. The following information shall be provided on the application form:
1. 
The name, street address (and mailing address if different) of the applicant(s);
2. 
The applicant's Social Security number and/or his/her State or Federally issued tax identification number;
3. 
The name under which the establishment is to be operated and a general description of the services to be provided;
If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state:
a. 
The sexually oriented business's fictitious name; and
b. 
Submit the required registration documents;
4. 
Whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in Section 630.010 "specified criminal activity" and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
5. 
Whether the applicant has had a previous license under this Chapter or other similar sexually oriented business ordinance from another City or County denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation and whether the applicant is or has been a partner in a partnership or an officer, director of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation;
6. 
Whether the applicant holds any other licenses under this Chapter or other similar sexually oriented business ordinance from another City or County and, if so, the names and locations of such other licensed businesses;
7. 
The single classification of license, as found in Section 630.010 "sexually oriented business", for which the applicant is filing;
8. 
The telephone number of the establishment;
9. 
The address and legal description of the tract of land on which the establishment is to be located;
10. 
If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought;
11. 
If the establishment is not in operation, the expected start-up date (which shall be expressed in number of days from the date of issuance of the business license). If the expected start-up date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same;
12. 
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in this Section.
F. 
Each application for an operator's license shall be accompanied by the following:
1. 
Payment of the application fee in full;
2. 
If the establishment is a State of Missouri corporation, a certified copy of the Articles of Incorporation, together with all amendments thereto;
3. 
If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this State, together with all amendments thereto;
4. 
If the establishment is a limited partnership formed under the laws of the State of Missouri, a certified copy of the certificate of limited partnership, together with all amendments thereto;
5. 
If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
6. 
Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
7. 
If the persons identified as the fee owner(s) of the tract of land in item (6) is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business;
8. 
A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the structures containing any existing sexually oriented businesses within five hundred (500) feet of the property to be certified; and the property lines of any established religious institution/synagogue, school, public park or recreation area within one thousand five hundred (1,500) feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
9. 
Any of items (2) through (8) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the City Clerk with the original application or previous renewals thereof remain correct and current.

Section 630.030 Issuance of License.

[Ord. No. 575 §I, 3-23-2006]
A. 
If application is made for a sexually oriented business operator's license, the City Clerk shall approve or deny issuance of the license within thirty (30) days of receipt of the completed application. The City Clerk shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:
1. 
An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
2. 
An applicant is under the age of eighteen (18) years;
3. 
An applicant has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
4. 
An applicant is overdue in payment to the City for taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to the sexually oriented business for which license is sought or the property on which the sexually oriented business is located or will be located;
5. 
An applicant has been convicted of a "specified criminal activity" as defined in Section 630.010 "specified criminal activity";
6. 
The premises to be used for the sexually oriented business have not been approved by the Health Department, Building Department and Zoning Department as being in compliance with applicable laws and ordinances, if such approval is required under other Sections of this Chapter;
7. 
The license fee required under this Chapter has not been paid;
8. 
An applicant of the proposed establishment is in violation of or is not in compliance with one (1) or more of the provisions of this Chapter.
B. 
A license issued pursuant to Subsection (A) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the Section 630.010 "sexually oriented business" classification for which the license is issued. The license shall be pasted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
C. 
If so required under other Sections of this Chapter, the Health Department, Building Department and Zoning Department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the City Clerk. The certification shall be promptly presented to the City Clerk. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in Subsection (A). In the event the City Clerk fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business.
D. 
A sexually oriented business license shall issue for only one (1) classification as set forth in Section 630.010 "sexually oriented business".
E. 
The event that the City Clerk determines that an applicant is not eligible for a sexually oriented operator's license, the applicant shall be given notice in writing of the reasons for the denial within thirty (30) days of the receipt of the completed application by the City Clerk, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this Chapter.
F. 
An applicant may appeal the decision of the City Clerk regarding a denial to the Board of Aldermen by filing a written notice of appeal with the City Clerk within ten (10) days after service of notice upon the applicant of the City Clerk's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Clerk may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a responsive memorandum to the Board of Aldermen. After reviewing such memoranda, as well as the City Clerk's written decision, if any, and exhibits submitted to the City Clerk, the Board of Aldermen shall vote either to uphold or overrule the City Clerk's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City Secretary receives the notice of appeal. Judicial review of a denial by the City Clerk and Board of Aldermen may be made pursuant to Section 630.080 of this Chapter.
G. 
A license issued pursuant to Subsection (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City Clerk that the applicant has not been convicted of any "specified criminal activity" as defined in this Chapter or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in Section 630.040.
H. 
A business existing and operating as a sexually oriented business at the time of the adoption of this Chapter shall have seventy-five (75) days in which to comply with the licensing provisions required herein.

Section 630.040 Fees.

[Ord. No. 575 §I, 3-23-2006]
The annual fee for a sexually oriented business operator's license, whether new or renewal, is five hundred dollars ($500.00). These fees are to be used to pay for the cost of the administration and enforcement of this Chapter.

Section 630.050 Inspection.

[Ord. No. 575 §I, 3-23-2006]
The Chief of Police, Health Inspector or any designated members of the Police Department shall from time to time and at least twice a year make an inspection of each "sexually oriented business" establishment for the purposes of determining that the provisions of this Chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful for any permittee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

Section 630.060 Expiration of License — Denial of Renewal.

[Ord. No. 575 §I, 3-23-2006]
A. 
Each license shall expire one (1) year from the date of issuance and may be renewed only by mailing application as provided in Section 630.020. Application for renewal should be made at least thirty (30) days before the expiration date. When application is made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B. 
When the City Clerk denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial.

Section 630.070 Suspension and Revocation.

[Ord. No. 575 §I, 3-23-2006]
A. 
The City Clerk shall suspend a license for a period not to exceed thirty (30) days if he/she determines that licensee has:
1. 
Violated or is not in compliance with any Section of this Chapter;
2. 
Operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances;
3. 
Refused to allow prompt inspection of the sexually oriented business premises as authorized by this Chapter;
4. 
With knowledge, permitted gambling by any person on the sexually oriented business premises.
A licensee may appeal the revocation of a license to the Board of Aldermen in accordance with the procedure set forth in Section 630.030(F) or may seek direct judicial review pursuant to Section 630.080.
B. 
The City Clerk shall revoke a license if a cause of suspension occurs and the license has been suspended within the proceeding twelve (12) months.
C. 
The City Clerk shall revoke a license if he determines that:
1. 
A licensee gave materially false or misleading information in the material submitted during the application process;
2. 
A licensee was convicted of a "specified criminal activity" on a charge that was pending prior to the issuance of the license;
3. 
A licensee has, with knowledge, permitted the possession, use or sale of controlled substances on the premises;
4. 
A licensee has, with knowledge, permitted the sale, use or consumption of alcoholic beverages on the premises;
5. 
A licensee has, with knowledge, permitted prostitution on the premises;
6. 
A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee's license was suspended;
7. 
A licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the licensed premises;
8. 
A licensee is delinquent in payment to the City or State for any taxes, fees, fines or penalties relating to the sexually oriented business or the premises thereon;
9. 
A licensee has, with knowledge, permitted a person under eighteen (18) years of age to enter or remain in the establishment;
10. 
A licensee has attempted to sell his business license or has sold, assigned or transferred ownership or control of the sexually oriented business to a non-licensee of the establishment; or
11. 
A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business.
D. 
When the City Clerk revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a license for one (1) year from the date revocation became effective. A licensee may appeal the revocation of a license to the Board of Aldermen in accordance with the procedure set forth in Section 630.030(F) or may seek direct judicial review pursuant to Section 630.080.

Section 630.080 Judicial Review.

[Ord. No. 575 §I, 3-23-2006]
Within twenty-one (21) days of a denial of an initial or renewal application by the City Clerk and Board of Aldermen or suspension or revocation of a license by the City Clerk or his/her designee, the applicant or licensee may seek judicial review of such administrative action in any court of competent jurisdiction, State or Federal. The administrative action shall then be reviewed by the court for a prompt judicial determination.

Section 630.090 No Transfer of License.

[Ord. No. 575 §I, 3-23-2006]
A. 
A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application and set forth in the operator's license.
B. 
An operator's license shall not be transferable from one location to another.

Section 630.100 Location Restrictions.

[Ord. No. 575 §I, 3-23-2006]
A. 
Sexually oriented businesses shall be allowed in any Industrial District as a "Conditional Use" provided that:
1. 
The sexually oriented business may not be operated within:
a. 
Five hundred (500) feet of a church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
b. 
Five hundred (500) feet of a public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities; school includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school;
c. 
Five hundred (500) feet of a public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, skating rink, pedestrian/bicycle paths, wilderness areas or other similar public land within the City which is under the control, operation or management of the City park and recreation authorities;
d. 
Five hundred (500) feet of the property line of a lot zoned for residential use and devoted to a residential use as defined in the Zoning Code; or
e. 
Five hundred (500) feet of another sexually oriented business.
2. 
A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business that is classified in accordance with Section 630.010 "sexually oriented business".
3. 
For the purpose of this Chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted to the nearest property line of the premises of a church, synagogue, regular place of worship or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district or residential lot or licensed day care center.
4. 
For purposes of Subsection (3) of this Section, the distance between any two (2) sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

Section 630.110 Non-Conforming Uses — Amortization.

[Ord. No. 575 §I, 3-23-2006]
A. 
Any business lawfully operating on the effective date of this Chapter that is in violation of the locational or structural configuration requirements of this Chapter shall be deemed a non-conforming use. Such non-conforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand five hundred (1,500) feet of one another and otherwise in a permissible location, the sexually oriented business that was first (1st) established and continually operated at a particular location is the conforming use and the later established businesses is non-conforming.
B. 
A sexually oriented business lawfully operating as a conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, synagogue or regular place of religious worship, public or private elementary or secondary school, licensed day care center, public park or residential district within one thousand five hundred (1,500) feet of the sexually oriented business. This provision applies only to the renewal of a valid business license and does not apply when an application for a business license is submitted after an operator's license has expired or has been revoked.

Section 630.120 Exterior Portions of Sexually Oriented Businesses.

[Ord. No. 575 §I, 3-23-2006]
A. 
It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.
B. 
It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner except to the extent permitted by the provisions of this Chapter.
C. 
It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
1. 
The establishment is a part of a commercial multi-unit center; and
2. 
The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
D. 
Nothing in this Section shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.

Section 630.130 Signage.

[Ord. No. 575 §I, 3-23-2006]
A. 
Notwithstanding any other City ordinance, code or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign as provided herein.
B. 
Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
1. 
Not contain any flashing lights;
2. 
Be a flat plane, rectangular in shape;
3. 
Not exceed seventy-five (75) square feet in area; and
4. 
Not exceed ten (10) feet in height or ten (10) feet in length.
C. 
Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner and may contain only the name of the enterprise.
D. 
Each letter forming a word on a primary sign shall be of solid color and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
E. 
Secondary signs shall have only one (1) display surface. Such display surface shall:
1. 
Be a flat plane, rectangular in shape;
2. 
Not exceed twenty (20) square feet in area;
3. 
Not exceed five (5) feet in height and four (4) feet in width; and
4. 
Be affixed or attached to any wall or door of the enterprise.
F. 
The provisions of item (1) of Subsection (B) and Subsections (C) and (D) shall also apply to secondary signs.

Section 630.140 Persons Younger Than Eighteen Prohibited From Entry — Attendant Required.

[Ord. No. 575 §I, 3-23-2006]
A. 
It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
B. 
It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business's regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished:
1. 
A valid operator's, commercial operator's or chauffeur's driver's license; or
2. 
A valid personal identification certificate issued by the State of Missouri reflecting that such person is eighteen (18) years of age or older.

Section 630.150 Hours of Operation.

[Ord. No. 575 §I, 3-23-2006]
No sexually oriented business, except for an adult motel and a business that has a current/valid State liquor license, may remain open at any time between the hours of 10:00 P.M. and 11:00 A.M. on weekdays and Saturdays. No sexually oriented business shall open for business or remain open for business on Sunday or any legal holiday recognized by the State of Missouri.

Section 630.160 Notices.

[Ord. No. 575 §I, 3-23-2006]
A. 
Any notice required or permitted to be given by the City Clerk or any other City office, division, department or other agency under this Chapter to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license or any notice of address change that has been received by the City Clerk. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the City Clerk or his designee shall cause it to be posted at the principal entrance to the establishment.
B. 
Any notice required or permitted to be given to the City Clerk by any person under this Section shall not be deemed given until and unless it is received in the office of the City Clerk.
C. 
It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the City Clerk in writing of any change of residence or mailing address.

Section 630.170 Regulations Pertaining To Exhibition of Sexually Explicit Films and Videos.

[Ord. No. 575 §I, 3-23-2006]
A. 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. 
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City Clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since said diagram was prepared.
2. 
The application shall be sworn to be true and correct by the applicant.
3. 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the City Clerk or his/her designee.
4. 
It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
5. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this Subsection must be by direct line of sight from the manager's station.
6. 
It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in Subsection (A)(5) of this Section remains unobstructed at all times. No doors, walls, partitions, curtains, merchandise, display racks or other object(s) shall obstruct from view of the manager's station any portion of the premises to which patrons have access. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted as designated in the application filed pursuant to Subsection (A)(1) of this Section.
7. 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candles as measured at the floor level.
8. 
It shall be the duty of the operators and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
9. 
No viewing room or booth may be occupied by more than one (1) person at any time.
10. 
No opening of any kind shall exist between viewing rooms or booths.
11. 
It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that no more than one (1) person at a time occupies a viewing booth or room and to ensure that no person attempts to make an opening of any kind between the viewing booths or rooms.
12. 
The operator of the sexually oriented business shall, each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.
13. 
The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be non-porous, easily cleanable surfaces, with no rugs or carpeting.
14. 
The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, non-porous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight (48) inches of the floor.
B. 
A person having a duty under Subsection (A)(1) through (14) of this Section commits a violation of this Chapter if he/she, with knowledge, fails to fulfill that duty.

Section 630.180 Exemptions.

[Ord. No. 575 §I, 3-23-2006]
A. 
It is a defense to prosecution under this Chapter that a person appearing in a state of nudity did so in a modeling class operated:
1. 
By a proprietary school licensed by the State of Missouri, a college, junior college or university supported entirely or partly by taxation.
2. 
By a private collage or university that maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
B. 
Notwithstanding any other provisions in this Chapter, movies rate G, PG, PG-13 or R by the Motion Picture Association of America (MPAA) or live theatrical performances with serious artistic, social or political value that depict or describe specified anatomical areas or specified sexual activities are expressly exempted from regulation under this Chapter.

Section 630.190 Injunction.

[Ord. No. 575 §I, 3-23-2006]
A person who operates or causes to be operated a sexually oriented business without a valid operator's license or in violation of Section 630.020 of this Chapter, is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.