[R.O. 2016 § 606.010; Ord. No. 441-02 § 2, 11-12-2002]
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 or other image-producing devices are regularly 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 their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE
A commercial establishment which has more than twenty-five percent (25%) of its stock-in-trade in, or derives more than twenty-five percent (25%) of its revenues from the sale or rental of, or devotes more than twenty-five percent (25%) of its advertising budget to the promotion of the sale or rental of, or maintains more than twenty-five percent (25%) of its sales or display space for the sale or rental, for any form of consideration, of any one (1) or more of the following:
1. 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas";
2. 
Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
ADULT CABARET
A nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, regardless of whether alcoholic beverages are served, which regularly features persons who appear semi-nude.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
1. 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either:
2. 
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
3. 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) 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 shown which are 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 which regularly features persons who appear in a state of nudity or semi-nude or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
CHARACTERIZED BY
Describing the essential character or dominant theme of an item.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON
The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display "specified anatomical areas" or "specified sexual activities."
EMPLOY, EMPLOYEE, or EMPLOYMENT
Any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ENFORCEMENT OFFICER
The City Director of Community Development or such person as may be designated by the City Council.
ENTERTAINMENT BUSINESS WHICH IS ORIENTED PRIMARILY TOWARDS CHILDREN OR FAMILY ENTERTAINMENT
Any business providing entertainment for which sixty percent (60%) or more of the public who are customers, patrons and members of the audience are children under eighteen (18) years of age or adults [persons eighteen (18) years of age or older] who are accompanying children under eighteen (18) years of age.
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.
ESTABLISH or 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; or
4. 
The relocation of any sexually oriented business.
LICENSEE
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
NUDITY or STATE OF NUDITY
The showing of the human genitals, pubic area, vulva, anus, anal cleft, or the female breast with less than a fully opaque covering of any part of the nipple or areola.
OPERATE or CAUSE TO BE OPERATED
To cause to function or to put or keep in a state of doing business.
OPERATOR
Any person on the premises of a sexually oriented business who causes the business to function, puts or keeps the business in operation, or is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not such person is an owner, part owner, or licensee of the business.
PERSON
An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMI-NUDE or STATE OF SEMI-NUDITY
The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at such point, or the showing of the male or female buttocks. Such definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
SEMI-NUDE MODEL STUDIO
Any place where a person appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured or photographed by other persons who pay money or any form of consideration. Semi-nude model studio shall not include a proprietary school licensed by the State of Missouri or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or in a structure:
1. 
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
2. 
Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
3. 
Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.
SEXUAL ENCOUNTER CENTER
A business or commercial establishment that, as one (1) of its principal business purposes, offers, for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of "specified sexual activities." The definition of sexual encounter establishment or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS
Includes:
1. 
An adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. A principal business activity exists where the commercial establishment:
a. 
Has a substantial portion of its displayed merchandise which consists of such items; or
b. 
Has a substantial portion of the wholesale value of its displayed merchandise which consists of such items; or
c. 
Has a substantial portion of the retail value of its displayed merchandise which consists of such items; or
d. 
Derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of such items; or
e. 
Maintains a substantial section of its interior business space for the sale or rental of such items; or
f. 
Maintains an adult arcade. "Adult arcade" means 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, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.
2. 
An adult cabaret.
3. 
An adult motion-picture theater. "Adult motion-picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.
4. 
A semi-nude model studio. "Semi-nude model studio" means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Such definition shall not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:
a. 
By a college, junior college, or university supported entirely or partly by taxation;
b. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
c. 
In a structure:
(1) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
(2) 
Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class.
d. 
A sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its principal purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is semi-nude.
SPECIFIED ANATOMICAL AREAS
Include:
1. 
Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
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; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other States or 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 for the conviction, whichever is the later date, if the conviction is of a felony offense; or
c. 
Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of 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 or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
1. 
Intercourse, oral copulation, masturbation, or sodomy; or
2. 
Excretory functions as a part of or in connection with any of the activities described in Subsection (1) of this definition.
SUBSTANTIAL
At least thirty percent (30%) of the item or items so modified.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
1. 
The sale, lease or sublease of the business;
2. 
The transfer of securities which constitute 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 which 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.
[R.O. 2016 § 606.020; Ord. No. 441-02 § 3, 11-12-2002]
A. 
Sexually oriented businesses are classified as follows:
1. 
Adult arcades;
2. 
Adult bookstores, adult novelty stores or adult video stores;
3. 
Adult cabarets;
4. 
Adult motels;
5. 
Adult motion picture theaters;
6. 
Adult theaters;
7. 
Escort agencies;
8. 
Semi-nude model studios; and
9. 
Sexual encounter centers.
[R.O. 2016 § 606.030; Ord. No. 441-02 § 4, 11-12-2002; Ord. No. 999-12 § 1, 8-14-2012]
A. 
It is unlawful:
1. 
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this Chapter.
2. 
For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this Chapter.
3. 
For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this Chapter.
4. 
For any person to establish a sexually oriented business when such person or any person with an "influential interest," as that term is defined by Section 573.531, RSMo., in the sexually oriented business has been convicted of or pled guilty or nolo contendere to a "specified criminal act," and eight (8) years has not elapsed since the date of conviction or release from confinement, whichever is later.
B. 
An application for a license must be made on a form provided by the City. All applicants must be qualified according to the provisions of this Chapter.
C. 
An applicant for a sexually oriented business license or a sexually oriented business employee license shall file with the Enforcement Officer a completed application made on a form prescribed and provided by the City Clerk. An application shall be considered complete if it includes the information required in this Section. The applicant shall be qualified according to the provisions of this Chapter. The application shall be notarized. The application shall include the information called for in Subsection (C)(1) through (6) as follows:
1. 
The full true name and any other names used in the preceding five (5) years.
2. 
Current business address and, if none, then current residential address.
3. 
Either a set of fingerprints suitable for conducting necessary background checks pursuant to this Chapter or the applicants social security number to be used for the same purpose.
4. 
If the application is for a sexually oriented business license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.
5. 
Written proof of age in the form of either:
a. 
A copy of a birth certificate and current photo;
b. 
Current driver's license with picture; or
c. 
Other picture identification document issued by a governmental agency.
6. 
The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefor.
7. 
If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to Subsection (C)(1) through (7) of this Section shall be supplemented in writing by certified mail, return receipt requested, to the Enforcement Officer within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
D. 
The application for a sexually oriented business license shall be accompanied by a sketch or 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 shall 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.
E. 
If a person who wishes to operate a sexually oriented business is an individual, he/she shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, such as a corporation, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under Section 606.040 and each applicant shall be considered a licensee if a license is granted.
F. 
A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this Chapter, where applicable.
G. 
The information provided by an applicant in connection with the application for a license under this Chapter shall be maintained by the Enforcement Officer on a confidential basis and may be disclosed only:
1. 
To other governmental agencies in connection with a law enforcement or public safety function; or
2. 
As may otherwise be required by law or court order.
[R.O. 2016 § 606.040; Ord. No. 441-02 § 5, 11-12-2002]
A. 
Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the Enforcement Officer shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the Enforcement Officer to deny or grant the license. Within (20) days after the receipt of a completed application, the Enforcement Officer shall either issue a license or issue a written notice of intent to deny a license to the applicant. The Enforcement Officer shall approve the issuance of a license unless one (1) or more of the following is found to be true:
1. 
An applicant is less than eighteen (18) years of age.
2. 
An applicant is delinquent in the payment to the City of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.
3. 
An applicant has failed to provide information as required by Section 606.030 for issuance of the license.
4. 
An applicant, or a business entity for which the applicant had, at the time of an offense leading to a criminal conviction described herein, a management responsibility or a controlling interest, has been convicted of a specified criminal activity as defined in this Chapter. The fact that a conviction is being appealed shall have no effect.
5. 
The license application fee required by this Section has not been paid.
6. 
An applicant has falsely answered a question or request for information on the application form.
7. 
The proposed sexually oriented business is located in a zoning district other than "C-1" General Commercial, "C-2" Central Business District, "C-3" Planned Commercial District, or "M-1" Light Industrial or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning districts.
B. 
An applicant ineligible for a license due to Subsection (A)(4) of this Section may qualify for a sexually oriented business license only when the time period required by the applicable Subsection has elapsed.
C. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a Law Enforcement Officer or other authorized City Official.
[R.O. 2016 § 606.050; Ord. No. 441-02 § 6, 11-12-2002]
A. 
The non-refundable initial license fee and annual renewal fee for a sexually oriented business license or a sexually oriented business employee license shall be set by the City Council at an amount determined to be sufficient to pay the cost of administering this program, subject to Subsection (B) herein.
B. 
In no event shall the fees exceed three hundred fifty dollars ($350.00) for the initial license and two hundred dollars ($200.00) for the renewal fee for a sexually oriented business license. In no event shall the fees exceed one hundred fifty dollars ($150.00) for the initial license and seventy-five dollars ($75.00) for the renewal fee for a sexually oriented business employee license.
[R.O. 2016 § 606.060; Ord. No. 441-02 § 7, 11-12-2002]
A. 
An applicant, operator or licensee shall permit Law Enforcement Officers, and any other Federal, State, County or City agency in the performance of any function connected with the enforcement of this Chapter, normally and regularly conducted by such agencies, to inspect those portions of the premises of a sexually oriented business where patrons or customers are permitted to occupy for the purpose of ensuring compliance with this Chapter at any time the business is occupied or open for business.
B. 
The provisions of this Section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
[R.O. 2016 § 606.070; Ord. No. 441-02 § 8, 11-12-2002]
A. 
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in Section 606.030. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.
B. 
When the City denies renewal of a license, the applicant shall not be issued a license for one (1) year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date denial became final.
[R.O. 2016 § 606.080; Ord. No. 441-02 § 9, 11-12-2002]
A. 
The City shall issue a written intent to suspend a license for a period not to exceed thirty (30) days if it determines that a licensee or an employee of a licensee has:
1. 
Violated or is not in compliance with any Section of this Chapter or the Park Hills zoning regulations;[1]
[1]
Editor's Note: See Title IV, Land Use, of this Code.
2. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter; or
3. 
Knowingly allowed or permitted a violation of any local, State or Federal law on the sexually oriented business premises.
[R.O. 2016 § 606.090; Ord. No. 441-02 § 10, 11-12-2002]
A. 
The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in Section 606.080 occurs and the license has been suspended within the preceding twelve (12) months.
B. 
The Enforcement Officer shall issue a written statement of intent to revoke a sexually oriented business license if the officer determines that:
1. 
A licensee gave false or misleading information in the material submitted during the application process;
2. 
A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
3. 
A licensee has knowingly allowed prostitution on the premises;
4. 
A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
5. 
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the licensed premises. This Subsection will not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either:
a. 
In exchange for money; or
b. 
In a public place or within public view.
C. 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
D. 
When, after the notice and hearing procedure described in Section 606.100, the Enforcement Officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective, provided that, if the conditions of Section 606.100(B) are met, a provisional license will be granted pursuant to that Section. If, subsequent to revocation, the Enforcement Officer finds that the basis for the revocation found in Subsections (B)(1) and (B)(4) of this Section has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
[R.O. 2016 § 606.100; Ord. No. 441-02 § 11, 11-12-2002]
A. 
If the Enforcement Officer determines that facts exist for denial, suspension or revocation of a license under this Chapter, the Enforcement Officer shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery or by certified mail. The notification shall be directed to the most current business address (or if no business address is given, the residential address) on file with the Enforcement Officer. Within five (5) working days of receipt of such notice, the respondent may provide to the City Administrator in writing a response that shall include a statement of reasons why the license or permit should not be denied, suspended or revoked. Within three (3) days of the receipt of respondent's written response, the City Administrator shall notify respondent in writing of the hearing date on respondent's denial, suspension or revocation proceeding.
1. 
Within ten (10) working days of the receipt of respondent's written response, the City Administrator shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. A record shall be made of said hearing. If a response is not received by the City Administrator in the time stated or, if after the hearing the City Administrator finds that grounds as specified in this Chapter exist for denial, suspension or revocation, then such denial, suspension or revocation shall become final five (5) days after the City Administrator sends, by certified mail, written notice that the license has been denied, suspended or revoked. Such notice shall include written findings of fact from the evidence offered at the hearing and a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
2. 
If the City Administrator finds that no grounds exist for denial, suspension or revocation of a license, then within five (5) days after the hearing, the City Administrator shall withdraw the intent to deny, suspend or revoke the license and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously therewith issue the license.
B. 
When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee (aggrieved party) whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the City's enforcement of the denial, suspension or revocation, the City shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's action to appeal, challenge, restrain or otherwise enjoin the City's enforcement.
[R.O. 2016 § 606.110; Ord. No. 441-02 § 12, 11-12-2002]
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.
[R.O. 2016 § 606.120; Ord. No. 441-02 § 13, 11-12-2002]
A. 
A person commits an ordinance violation if that person operates or causes to be operated a sexually oriented business in any zoning district other than "C-1 " General Commercial, "C-2" Central Business District, "C-3" Planned Commercial District, or "M-1" Light Industrial, as defined and described in the Zoning Code.
B. 
A person commits an ordinance violation if the person operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of a licensed premises licensed pursuant to the Missouri Liquor Control Law.[1]
[1]
Editor's Note: See Ch. 311, RSMo.
C. 
A person commits an ordinance violation if the person operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of any of the following when the following is located within the City of Park Hills:
1. 
A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
2. 
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 grounds but does not include facilities used primarily for another purpose and only incidentally as a school;
3. 
A boundary of a residential district as defined in the Park Hills zoning regulations;
4. 
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, 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;
5. 
The property line of a lot devoted to a residential use as defined in the Zoning Code; or
6. 
An entertainment business which is oriented primarily towards children or family entertainment.
D. 
A person commits an ordinance violation if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within one thousand (1,000) feet of another sexually oriented business.
E. 
A person commits an ordinance violation if that person operates or causes to be operated a sexually oriented business within five hundred (500) feet of any corporate limit of the City of Park Hills.
F. 
A person commits an ordinance violation if that person causes or permits the operation, establishment, or maintenance of more than one (1) sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
G. 
For the purposes of Subsection (C) of this Section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in Subsection (C).
H. 
For purposes of Subsection (B) of this Section, the distance between a sexually oriented business and a premises licensed pursuant to the Missouri Liquor Control law shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located. For purposes of Subsection (D) of this Section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located. For purposes of Subsection (E) of this Section, the distance between a sexually oriented business and a corporate limit of the City of Park Hills shall be measured in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is located to the nearest corporate limit of the City of Park Hills.
I. 
Any sexually oriented business lawfully operating on November 12, 2002, that is in violation of Subsections (A) through (H) of this Section shall be deemed a non-conforming use. The non-conforming use will be permitted to continue unless voluntarily discontinued for a period of thirty (30) days or more or the Sexually Oriented Business license expires or is revoked. 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 (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are non-conforming.
J. 
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 use listed in Subsection (C) of this Section within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked; provided, however, that this provision shall not apply if the sexually oriented business has been voluntarily discontinued for a period of thirty (30) days or more.
[R.O. 2016 § 606.130; Ord. No. 441-02 § 14, 11-12-2002]
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, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1. 
Upon application for a sexually oriented 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 permit 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 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 it 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.
4. 
It is the duty of the licensee of the premises to ensure that at least one (1) licensed 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 every area of the premises to which any patron is permitted access for any purpose, excluding rest rooms. Rest rooms 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 each 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(A)(5) must be by direct line of sight from the manager's station.
6. 
It shall be the duty of the licensee to ensure that the view area specified in Subsection (A)(5) remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection (A)(1) of this Section.
7. 
No viewing room may be occupied by more than one (1) person at any time.
8. 
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) foot-candles as measured at the floor level.
9. 
It shall be the duty of the licensee to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
10. 
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
11. 
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
12. 
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
13. 
The licensee shall cause all floor coverings in viewing booths to be non-porous, easily cleanable surfaces with no rugs or carpeting.
14. 
The licensee 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) above commits an ordinance violation if he/she knowingly fails to fulfill that duty.
[R.O. 2016 § 606.140; Ord. No. 441-02 § 15, 11-12-2002]
A. 
An escort agency shall not employ any person under the age of eighteen (18) years.
B. 
A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.
[R.O. 2016 § 606.150; Ord. No. 441-02 § 16, 11-12-2002]
A. 
It shall be an ordinance violation for a person who knowingly and intentionally in a sexually oriented business appears in a state of nudity or engages in specified sexual activities.
B. 
No employee shall knowingly or intentionally, in a sexually oriented business, appear in a semi-nude condition unless the employee, while semi-nude, shall be and remain on a fixed stage at least six (6) feet from all patrons and at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.
C. 
It shall be an ordinance violation for an employee, while semi-nude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity directly to any employee while said employee is semi-nude in a sexually oriented business.
D. 
It shall be an ordinance violation for an employee, while semi-nude, to knowingly and intentionally touch a customer or the clothing of a customer.
[R.O. 2016 § 606.160; Ord. No. 441-02 § 17, 11-12-2002]
A. 
No employee, while on the sexually oriented business premises, shall perform any specified sexual activity, wear or use any device or covering exposed to view which stimulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
B. 
No employee or patron of a sexually oriented business, while on the sexually oriented business premises, shall knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
C. 
No licensee shall knowingly permit any employee, while on the sexually oriented business premises, to perform any specified sexual activity, wear or use any device or covering exposed to view which stimulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
D. 
No licensee shall knowingly permit any employee or patron of a sexually oriented business, while on the sexually oriented business premises, to knowingly touch, fondle or caress any specified anatomical area of another person, or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
E. 
No licensee shall knowingly permit alcoholic liquor or cereal malt beverages to be brought or consumed on the sexually oriented business premises, unless a separate liquor license has been issued for the business.
F. 
No licensee shall knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the sexually oriented business premises.
G. 
No licensee shall knowingly allow or permit any act of prostitution or patronizing prostitution on the sexually oriented business premises.
H. 
A person having a duty under Subsections (C) through (G) above commits an ordinance violation if he/she knowingly fails to fulfill that duty.
[R.O. 2016 § 606.170; Ord. No. 441-02 § 18, 11-12-2002]
A person commits an ordinance violation if the person knowingly allows a person under the age of eighteen (18) years on the premises of a sexually oriented business.
[R.O. 2016 § 606.180; Ord. No. 441-02 § 19, 11-12-2002; Ord. No. 999-12 § 2, 8-14-2012]
No sexually oriented business, except for an adult motel, may remain open at any time between 12:00 A.M. and 8:00 A.M. Monday through Saturday, or between 12 Midnight and 12:00 Noon on Sunday.
[R.O. 2016 § 606.190; Ord. No. 441-02 § 20, 11-12-2002]
A. 
It is a defense to prosecution under Section 606.150 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 college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
3. 
In a structure:
a. 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
b. 
Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
c. 
Where no more than one (1) nude model is on the premises at any one (1) time.
[R.O. 2016 § 606.200; Ord. No. 441-02 § 21, 11-12-2002]
A. 
All sexually oriented businesses shall have conspicuously displayed inside the main entrance to the building a sign, on which 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 read as follows:
"THIS BUSINESS IS REGULATED AND LICENSED BY THE CITY OF PARK HILLS. No persons under the age of eighteen (18) years of age are permitted."
B. 
For each adult cabaret and adult theater, the sign required by Subsection (A) shall also include information to read as follows:
ENTERTAINERS ARE:
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch their breasts, pubic region, buttocks or genitals.
CUSTOMERS ARE:
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in sexual conduct or solicitation for prostitution.
[R.O. 2016 § 606.210; Ord. No. 441-02 § 22, 11-12-2002]
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 606.110 of this Chapter is subject to a suit for injunction as well as prosecution for criminal violations. Such violations shall be punishable by a fine of up to five hundred dollars ($500.00) or thirty (30) days imprisonment. Each day a sexually oriented business so operates is a separate offense or violation.