[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
Any business enterprise:
That has as a regular business purpose the sale, display or
rental of goods that are designed for use in connection with "specified
sexual activities", or that emphasize matters depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas"; or
That has one (1) of the following as a regular business purpose:
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display "specified
anatomical areas" or "specified sexual activities"; or
The providing of services that provide "specified sexual activities"
or "specified anatomical areas" ancillary to other pursuits, or allow
participation in "specified sexual activities" ancillary to other
pursuits.
The definition of "adult business" also includes, but is not
limited to, any and all of the following as defined herein:
That offer the following described goods or merchandise for
sale or rent:
"Adult retail establishment" means an establishment
which as a regular business purpose, displays or offers for sale or
rent, any one (1) or more of the following: sexually-oriented toys
or novelties, lingerie, leather goods designed or marketed for use
for sexual bondage or sadomasochistic practices, instruments, devices,
gifts or paraphernalia which are designed to use in connection with
"specified sexual activities" or clothing that graphically depicts
"specified anatomical areas" or any of the materials sold or rented
in an adult bookstore as defined herein.
"Adult bookstore" means an establishment which,
as a regular business purpose, offers for sale or rent, books, magazines,
periodicals or other printed matter, photographs, slides, films or
videotapes, which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas".
"Adult media outlet" means an establishment
that has as a regular business purpose the rental, sale or offering
for viewing off the premises or other use of any adult media.
"Adult news rack" means any coin- or card-operated
device that offers for sale by dispensing printed material which is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
"Adult newsstand" means a freestanding structure,
vehicle or booth which, as a regular business purpose, offers for
sale, books, magazines, periodicals or other printed matter, which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
Businesses that provide the following entertainment:
"Adult entertainment business" means any enterprise
to which the public, patrons or members are invited or admitted, and
where providing "adult entertainment", as defined herein, is a regular
portion of its business.
"Adult motion picture theater" means an establishment
containing a room with seats facing a screen or projection areas,
where a regular portion of its business is the exhibition to customers
of films, videotapes or motion pictures which are intended to provide
sexual stimulation or sexual gratification to the customers and which
are distinguished by or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas".
"Adult theater" means an establishment located
in an enclosed building where a regular portion of its business is
providing the live performance of activities relating to "specified
sexual activities" or exhibition of "specified anatomical areas" or
live performers, for observation by customers and patrons.
"Adult entertainment cabaret" means an establishment
where a regular portion of its business is providing adult entertainment
which features strippers, male or female impersonators, or live performances;
or material which is primarily characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas" or are intended
to arouse or excite the sexual desires of the entertainer, other entertainer
or patron.
"Adult entertainment studio" (includes the
terms rap studio, exotic dance studio, sensitivity studio or encounter
studio) means an establishment whose premises is physically arranged
so as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises, and where a regular portion
of its business is providing entertainment which features materials
or live performances characterized by an emphasis on or features materials
relating to "specified sexual activities" or the exhibition of "specified
anatomical areas".
"Adult encounter parlor" means an establishment
where a regular portion of its business is the provision of premises
where customers congregate, associate, or consort with employees,
performers, and/or other patrons or private contractors who display
"specified anatomical areas" in the presence of such customers, with
the intent of providing sexual gratification or stimulation to such
customers.
"Body painting studio" means an establishment
where a regular portion of its business is the maintaining, operating,
or offering for compensation the applying of paint or other substance
to or on the human body by any means of application, technique or
process when the subject's body is displaying for the customers view
"specified anatomical areas".
Businesses that provide the following described services:
"Bathhouse" means an enterprise where a regular
portion of its business is offering baths and/or showers with other
persons present who are nude or displaying "specified anatomical areas".
"Adult motel" means an enterprise where a regular
portion of its business is offering public accommodations for consideration
for the purpose of viewing closed circuit television transmissions,
films, motion pictures, video cassettes, magnetic tape, laser disc,
CD-ROM, books, magazines or periodicals, slides or other photographic
reproductions which are distinguished or characterized by an emphasis
on the depiction or description of "specified sexual activities" or
"specified anatomical areas" and rents room accommodations for less
than six (6) hours at a time.
"Escort service" means the offer of accompaniment
for hire of a male or female companion.
"Adult entertainment" means any live exhibition,
performance, display or dance of any type, including, but not limited
to, talking, singing, reading, listening, posing, serving food or
beverages, soliciting for the sale of food, beverages or entertainment,
pantomiming, modeling, removal of clothing, or any service offered
for amusement on a premises where such exhibition, performance, display
or dance is intended to seek to arouse or excite the sexual desires
of the entertainer, other entertainers or patrons, or if the entertainment
involves a person who is nude or in such attire, costume or clothing
as to expose to view any portion of the human genitals, pubic region,
vulva, pubic hair, buttocks, female breast or breasts below a point
immediately above the top of the areola or nipple or the human male
genitals in a discernibly erect state, even if completely and opaquely
covered.
"Adult media" means books, magazines, periodicals,
other printed matter, pictures, slides, records, audiotapes, videotapes,
compact discs, motion pictures, films, CD-ROMs or other devices used
to record computer images, or other media which are distinguished
or characterized by an emphasis on matters depicting, describing or
relating to "specified sexual activities" or "specified anatomical
areas".
"Adult video viewing booth" means any booth,
cubicle, stall or compartment which is designed, constructed or used
to hold or seat customers or patrons and is used for presenting or
viewing motion pictures or viewing publications which are distinguished
or characterized by an emphasis on the depiction of "specified sexual
activities" or "specified anatomical areas" by any photographic, electronic,
magnetic tape, digital or other medium (including, but not limited
to, film, video, magnetic tape, laser disc, CD-ROM, books, magazines
or periodicals) for observation by customers or patrons therein. "Adult
video viewing booths" are sometimes referred to as "peep shows", "adult
video arcades", "panorams" and "adult mini-motion picture theaters".
An "adult video viewing booth" shall not mean a theater, movie house,
playhouse, or a room or enclosure or a portion thereof which contains
more than one hundred fifty (150) square feet of gross floor area.
Note: as of the date of the adoption of this definition, there are
no known "adult video viewing booths" within the City, and the zoning
ordinance specifically does not list this as a permitted use in any
existing zoning district.
"Contagious and communicable diseases" means
those diseases which are set out in the Missouri Code of State Regulations,
Department of Health, 19 C.S.R. 20-20.020, as amended.
"Employee" means any and all persons, including
managers, entertainers and independent contractors, who work in, or
at, or render any services directly related to the operation of an
adult business.
"Entertainer" means any person who provides
adult entertainment within an adult entertainment business as defined
in this Section, whether or not a fee is charged or accepted for entertainment.
"Manager" means any person who manages, directs,
administers, or is in charge of the affairs and/or conduct of any
portion of any activity at any adult business.
"Minor" means any person less than eighteen
(18) years of age.
"Nude or nudity" means the appearance of the
human bare buttocks, anus, human genitals, the areola or the nipple
of the female breast or a state of dress which fails to opaquely or
fully cover the anus, human genitals or the areola or the nipple of
the female breast.
"Operator" means any person operating, conducting
or maintaining an adult business.
"Patron" means any person who enters an adult
business without regard to whether a purchase is made from the adult
business or compensation is paid to the adult business or any employee
of the adult business for merchandise, entertainment or service, provided
that the term patron shall not include persons who enter an adult
business for the sole purpose of providing service or merchandise
to the adult business and who do not remain in the adult business
after the purpose had been accomplished including, but not limited
to, persons performing construction, repair or maintenance on the
premises or delivering goods or merchandise to the adult business
and any such similar activity.
"Person" means any individual, partnership,
corporation, trust, incorporated or unincorporated association, marital
community, joint venture, governmental entity, or other entity or
group of persons, however organized.
"Premises" means any place of business of an
adult business which shall include the entire lot and building occupied
by the adult business and any other property owned, leased or controlled
by the adult business including any parking areas adjacent to the
business which are regularly utilized by employees, entertainers,
servers, managers or customers of such business.
"Public place" means any area generally visible
to public view and includes streets, sidewalks, bridges, alleys, plazas,
parks, driveways, parking lots, and automobiles whether moving or
not.
"Server" means any person who serves food or
drink at an adult entertainment business.
"Specified anatomical areas" means:
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola encircling the nipple, or any combination
of the foregoing; or
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
"Specified sexual activities" means sexual
conduct, being actual or simulated, acts of human masturbation; sexual
intercourse; or physical contact, in an act of apparent sexual stimulation
or gratification, with a person's clothed or unclothed genitals, pubic
area, buttocks or the breast of a female; or any sadomasochistic abuse
or acts including animals or any latent objects in an act of apparent
sexual stimulation or gratification.
"Sexually-oriented toys or novelties" means
instruments, devices or paraphernalia which either depict "specified
anatomical areas" or are designed or marketed for use in connection
with "specified sexual activities". In determining whether an item
is "designed or marketed for use" in connection with "specified sexual
activities", the following guidelines may be considered:
Expert testimony as to the principal use of the item;
Evidence concerning the total business of a person or business
or a person or business establishment and the type of merchandise
involved in the business;
National and local advertising concerning the use of the item;
Evidence of advertising concerning the nature of the business
establishment;
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
The physical or structural characteristics of the item; or
The matter in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
It is
unlawful for any person to operate or maintain an adult business in
the City unless the owner, operator or lessee thereof has obtained
an adult business license from the City, or to operate such business
after such license has been revoked or suspended by the City.
B.
It is
unlawful for any entertainer, server, employee, manager, operator
or owner to knowingly perform any work, service or entertainment directly
related to the operation of an unlicensed adult business.
C.
It shall
be prima facie evidence that any adult business that fails to have
posted an adult business license, in the manner required by this Section,
has not obtained such a license. In addition, it shall be prima facie
evidence that any entertainer, server, employee, manager, operator
or owner who performs any business, service or entertainment in an
adult business, in which an adult business license is not posted in
the manner required by this Section, had knowledge that such business
was not licensed.
D.
Any business
enterprise that barters, sells or rents goods that are designed for
use in connection with "specified sexual activities", or that emphasize
matters depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" and that excludes minors by virtue
of age from all or any part of the business premises shall be deemed
to have consented to periodic entry into and inspection of the business
premises by appropriate City Officials and inspection by those officials
of only those business records necessary for the limited purpose of
determining whether such business enterprise is an "adult business"
as defined in this Chapter.
This entry and inspection shall take place during hours when
such adult business is open to the public, unless otherwise required
by the adult business, and shall not unreasonably interfere with the
conduct of such business.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City, or to work as an entertainer, server or manager
at an adult business after such person's license to do so has been
revoked or suspended.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
The license
year for all fees required under this Chapter shall be from each July
first (1st) through June thirtieth (30th). The application for a license
shall be accompanied by payment in full of the fee stated in this
Section by certified or cashier's check or money order; and no application
shall be considered complete until such fee is paid.
B.
All licenses
shall be issued for a specific location and shall be non-refundable
and non-transferable.
C.
The classification
of licenses and fees for each shall be as follows:
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
All adult business licenses shall be issued for only one (1)
adult business use per premises which shall be listed on the application.
More than one (1) adult business use shall not be allowed on any one
(1) premises. Any change in the type of adult use shall invalidate
the adult business license.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
Adult Business License. All persons desiring to secure a
license to operate an adult business under the provisions of this
Chapter shall make a notarized application with the City Clerk. All
applications shall be submitted in the name of the person proposing
to conduct or operate the adult business. All applications shall be
signed by the applicant. If the applicant is a corporation, the application
shall be signed by its President. If the applicant is a partnership,
the application shall be signed by a partner. In all other instances
where the owner is not an individual, where applicable, the application
shall be signed by an authorized representative of the owner. The
City Clerk may require proof of authorization before accepting an
application. All applications shall be submitted on a form supplied
by the City Clerk and shall require the following information:
1.
The
name, residence address, home telephone number, occupation, date,
place of birth and social security number of the applicant;
2.
The
tax identification number and registered agent if the owner is required
to have a tax identification number or registered agent;
3.
The
name of the adult business, a description of the type of business
to be performed on the licensed premises, and the name of the owner
of the premises where the adult business will be located;
4.
The
names, residence addresses, social security numbers and dates of births
of all partners, if the applicant is a partnership or limited liability
partnership; and if the applicant is a corporation or limited liability
company, the same information for all corporate officers and directors
and stockholders who own ten percent (10%) or greater interest in
the corporation;
5.
The
residence addresses of the applicant, or of all partners, or of all
corporate officers and directors for the five (5) years immediately
prior to the date of application;
6.
A description
of the adult business history of the applicant, or of the partnership
and all partners, or of the corporation and all corporate officers
and directors;
7.
A statement
from the applicant, or from all partners, or from all such corporate
officers and directors, whether any such person or entity, in previously
operating in this or another City, County, or State, has had a business
license of any type revoked or suspended, and if so, the reason therefore,
and the activity or occupation subjected to such action, suspension
or revocation;
8.
A statement
of the business, occupation or employment of the applicant, or of
all partners, or of all corporate officers and directors for the three
(3) years immediately preceding the date of the application;
9.
A statement
from the applicant, or from each partner, or from each corporate officer
and director that each such person has not been convicted of, released
from confinement for conviction of, or diverted from prosecution on:
a.
Any
felony within five (5) years immediately preceding the application,
or
b.
A
misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor involved sexual
offenses, prostitution, promotion of prostitution, indecent exposure,
sexual abuse of a child or pornography and related offenses as defined
in the Missouri Criminal Code, or involved controlled substances or
illegal drugs or narcotics offenses as defined in the Missouri Controlled
Substances Act or other Statutes of the State of Missouri or ordinances
of the City,
c.
The
statement shall also indicate that the applicant, each partner or
each corporate officer and director has not been convicted of a municipal
ordinance violation or diverted from prosecution on a municipal ordinance
violation within two (2) years immediately preceding the application
where such municipal ordinance violation involved sexual offenses,
indecent exposure, prostitution or sale of controlled substances or
illegal drugs or narcotics;
10.
On
applications requesting a license to operate a bathhouse or body painting
studio, the applicant shall submit to the City Clerk within forty-eight
(48) hours of the time for each person to begin working on the premises
a health certificate from a duly licensed Missouri physician stating
that within ninety (90) days prior thereto, the applicant and all
other persons working the premises have been examined and found free
of any contagious or communicable disease as defined herein. This
shall be a continuing requirement and shall also initially apply to
the applicant;
11.
A
full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant, or of all partners if the applicant
is a partnership, or of all such corporate officers and directors
if the applicant is a corporation;
12.
If
the applicant is a corporation, a current certificate of registration
issued by the Missouri Secretary of State;
13.
A
statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult businesses. Failure
to provide the information and documentation required by this Subsection
shall constitute an incomplete application which shall not be processed.
B.
Manager, Server Or Entertainer License. All persons desiring
to secure a license under the provisions of this Chapter to be a manager,
server or entertainer shall make a notarized application with the
City Clerk. All applications shall be submitted in the name of the
person proposing to be a manager, server or entertainer. All applications
shall be submitted on a form supplied by the City Clerk and shall
require the following information:
1.
The
applicant's name, home address, home telephone number, date and place
of birth, social security number, and any stage names or nicknames
used in entertaining or at the business;
2.
The
name and address of each adult business where the applicant intends
to work as a manager, server or entertainer, and an "intent to hire"
statement from an adult business that is licensed, or that has applied
for a license, under the provisions of this Chapter, indicating the
adult business intends to hire the applicant to manage, serve or entertain
on the premises. Failure to provide an "intent to hire" statement
shall not invalidate the application;
3.
A statement
from the applicant, that the applicant has not been convicted of,
released from confinement for conviction of, or diverted from prosecution
on:
a.
A
felony within five (5) years immediately preceding the application;
or
b.
A
misdemeanor within two (2) years immediately preceding the application
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where such felony or misdemeanor involved sexual offenses, prostitution,
promotion of prostitution, indecent exposure, sexual abuse of a child
or pornography and related offenses as defined in the Missouri Criminal
Code, or involved controlled substances or illegal drugs or narcotics
offenses as defined in the Missouri Controlled Substances Act or the
Statutes of the State of Missouri or ordinances of the City.
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The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics;
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4.
A full
set of fingerprints and a photograph of the applicant to be taken
by the Police Department;
5.
The
applicant shall present to the City Clerk who shall copy documentation
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A
valid motor vehicle operator's license issued by any State, bearing
this applicant's photograph and date of birth;
b.
A
State-issued identification card bearing the applicant's photograph
and date of birth;
c.
An
official and valid passport issued by the United States of America;
d.
An
immigration card issued by the United States of America;
e.
Any
other form of picture identification issued by a governmental entity
that is deemed reliable by the City Clerk; or
C.
Facilities Necessary. No adult business license to conduct
a bathhouse or body painting studio shall be issued unless an inspection
by the director of the Jasper County Health Department or his or her
authorized representative reveals that the premises the applicant
intends to conduct business from complies with each of the following
minimum requirements:
1.
The
walls shall be clean and painted with washable, mold-resistant paint
in all rooms where water or steam baths are given. Floors shall be
free from any accumulation of dust, dirt or refuse. All equipment
used in the business's operation shall be maintained in a clean and
sanitary condition. Towels, linen and items for personal use of operators
and patrons shall be clean and freshly laundered. Towels, cloths and
sheets shall not be used for more than one (1) patron. Heavy, white
paper may be substituted for sheets; provided that such paper is changed
for every patron. No service or practice shall be carried on within
any cubicle, room, booth, or any area within any permitted establishment
which is fitted with a door capable of being locked.
2.
Toilet
facilities shall be provided in convenient locations. When five (5)
or more employees and patrons of different sexes are on the premises
at the same time, separate toilet facilities shall be provided. A
single water closet per sex shall be provided for each twenty (20)
or more employees or patrons of that sex on the premises at any one
(1) time. Urinals may be substituted for water closets after one (1)
water closet has been provided. Toilets shall be designated as to
the sex accommodated therein.
3.
Lavatories
or wash basins provided with both hot and cold running water shall
be installed in either the toilet room or a vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
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The director of the Jasper County Health Department, or his
or her representative, shall certify that the proposed business establishment
complies with all of the requirements of this Section and shall give
or send such certification to the City Clerk. Provided however, that
nothing contained herein shall be construed to eliminate other requirements
of Statute or ordinance concerning the maintenance of premises, nor
to preclude authorized inspection thereof. The appropriate City Official
may recommend the issuance of a license contingent upon the compliance
with any requirements in this Section.
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D.
Application Processing. Upon receipt of a complete application
for an adult business, manager, server or entertainer license, the
City Clerk shall immediately transmit one (1) copy of the application
to the Chief of Police for investigation of the application.
1.
It shall
be the duty of the Chief of Police, or his or her designee, to investigate
such application to determine whether the information contained in
the application is accurate and whether the applicant is qualified
to be issued the license applied for. The Chief of Police shall report
the results of the investigation to the City Clerk not later than
twenty (20) working days from the date the application is received
by the City Clerk.
2.
It shall
be the duty of the City Clerk to determine whether the structure where
the adult business will be conducted complies with the requirements
and meets the standards of the applicable health, zoning, building
code, fire and property maintenance ordinances of the City. The determination
shall be completed not later than twenty (20) working days from the
date the application is received by the City Clerk.
3.
Upon
receipt of the report from the Chief of Police, the City Clerk shall
submit its report and that of the Chief of Police to the City for
consideration; provided the license application for an adult business,
manager, server or entertainer license shall be approved or disapproved
within forty-five (45) days from the date of filing of a completed
application with the City Clerk.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
If the application for an adult business, manager, server or entertainer license is in proper form and accompanied by the appropriate license fee, the City Clerk shall examine the application, and after such examination, the City shall, if the applicant is qualified, approve a license as provided for by law; provided a license shall not be approved to any person ineligible pursuant to Section 630.080.
B.
The record
of the City shall show the action taken on the application, and if
the license is granted, the City shall direct the City Clerk to issue
the proper license. The license shall state that it is not transferable
to other persons or entities and the calendar year for which it is
issued. The license shall be kept posted in a conspicuous place in
the place of business that is licensed or where the licensee is working.
C.
If an
application for a license is disapproved, the applicant shall be immediately
notified by registered or certified mail to the applicant's last known
address, and the notification shall state the basis for such disapproval.
Any applicant aggrieved by the disapproval of a license application
may seek judicial review in a manner provided by law.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
No person
is eligible nor shall a license be issued to:
1.
An adult
business applicant if one (1) or more of the following conditions
exist:
a.
The
applicant's premises is located within one thousand (1,000) feet of
any school, church, public park, licensed child care center, child
day care, or licensed child care home. Measurements shall be made
in a straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the premises on which
the applicant's business would be operated to the nearest point on
the property line of such school, church, public park, licensed child
care center, licensed day care center, or licensed child care home;
b.
The
applicant's premises is located within one thousand (1,000) feet of
any other adult business for which there is a license issued. Measurements
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the premises
on which the applicant's business would be operated to the nearest
point on the property line of such other adult business;
c.
The
applicant's premises is located within one thousand (1,000) feet of
any residentially zoned property. Measurements shall be made in a
straight line, without regard to intervening structures or objects,
from the nearest point on the property line of the premises on which
the applicant's business would be operated to the nearest point on
the property line of the residentially zoned property;
d.
In the case of an application for an adult business license for a business use defined in Section 630.010 described as adult entertainment business, adult motion picture theater, adult entertainment cabaret, adult entertainment studio, adult encounter parlor, body painting studio, bathhouse or adult motel, the applicant's premises is located within one thousand five hundred (1,500) feet of any residentially zoned property. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the premises on which the applicant's business would be operated to the nearest point on the property line of the residentially zoned property;
e.
The
applicant failed to supply all of the information requested on the
application;
f.
The
applicant gave materially false, fraudulent or untruthful information
on the application;
g.
The
applicant's proposed business premises does not comply with or meet
the requirements of the applicable health, zoning, building code,
fire and property maintenance ordinances of the City, provided that
upon a showing the premises meets said requirements and that the applicant
is otherwise qualified, the application shall be eligible for reconsideration
by the City;
h.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 630.060(A)(8) during the time period set forth in said Section;
i.
The
applicant has had an adult business or comparable license revoked
or suspended in this or any other City during the past five (5) years;
j.
If
the applicant is applying for a license to operate a bathhouse or
body painting studio and has not produced a health certificate as
required herein for all persons working on the premises.
2.
An applicant
for a manager, server or entertainer license if one (1) or more of
the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult business license for any of the reasons stated in Subsection (1) of this Section;
b.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section 630.060(A)(8) during the time period set forth in said Section;
c.
The
applicant failed to provide all of the information required on the
application;
d.
The
applicant gave materially false, fraudulent or untruthful information
on the application;
e.
The
applicant has had a manager, server, entertainer or comparable license
revoked or suspended in this or any other City during the past five
(5) years;
f.
The
applicant is applying for a license for a manager, server, entertainer
or comparable license in a bathhouse or body painting studio and has
not produced a health certificate as required herein.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
The following
standards of conduct shall be adhered to by all adult business licensees,
their employees and all managers, servers and entertainers and patrons
of adult businesses, while on or about the premises of the business:
1.
Identification cards. All or any manager, server or entertainer
issued a license by the City under the provisions of this Chapter
shall, at all times when working in an establishment subject to the
provisions of this Chapter, have in their possession a valid identification
card issued by the City, bearing the permit number, the employee's
physical description and a photograph of such employee. Such identification
cards shall be laminated to prevent alteration.
2.
Age restriction. Only persons eighteen (18) years of age
or older shall be permitted on the premises of any adult business.
3.
Exterior observation and display. The premises of all adult
businesses will be so constructed to include an anteroom, foyer, partition
or other physical barrier on all customer entrances that will insure
that the interior of the premises is not observable from the exterior
of the building. In addition, all windows or other openings shall
be covered to prevent viewing of the interior of the premises from
the outside. All doorways not constructed with an anteroom or foyer
will be covered in order to prevent observation of the interior of
the premises from the exterior of the building. Additionally, no adult
business will be conducted in any manner that permits from any exterior
source by display, decoration, sign, show window or other opening
the observation of live performers engaged in an erotic depiction,
dance, or material, or persons depicting, describing or relating to
specific sexual activities or specified anatomical areas as defined
herein.
4.
Nudity prohibited. No manager, server, employee, entertainer
or patron in an adult business, other than a licensed bathhouse, shall
appear nude, unclothed, in less than opaque attire or in any fashion
that exposes to view any "specified anatomical areas".
5.
Certain acts prohibited.
a.
No
manager, employee, server, entertainer or patron shall perform any
"specified sexual activities" as defined herein, wear or use any device
or covering exposed to view which simulates 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
manager, employee, server, entertainer or patron of an adult business
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 manager,
employee, server, entertainer or patron, whether such "specified anatomical
areas" are clothed, unclothed, covered or exposed.
c.
No
manager, employee, server or entertainer of an adult business shall
be visible from the exterior of the adult business while such person
is unclothed or in such attire, costume or clothing as to expose to
view any "specified anatomical area".
d.
No
entertainer shall solicit, demand or receive any payment or gratuity
from any patron or customer for any act prohibited by this Chapter
and no entertainer shall receive any payment or gratuity from any
customer for any entertainment except as follows:
(1)
While such entertainer is on the stage or platform, a customer or
patron may place such payment or gratuity into a box affixed to the
stage; or
(2)
While such entertainer is not on the stage or platform and is clothed
so as to not expose to view any "specified anatomical area", a customer
or patron may either place such payment or gratuity into the entertainer's
hand, or under a leg garter worn by such entertainer at least four
(4) inches below the bottom of the pubic region.
e.
No
owner, operator, manager, other person in charge of the premises,
or employee of an adult entertainment business shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon or consumed on the premises (unless otherwise permitted
pursuant to this Code);
(2)
Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen (18)
years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises;
(5)
Knowingly allow or permit a violation of this Chapter or any other
City ordinance provision or State law.
6.
Signs required. All adult businesses shall have conspicuously
displayed in the common area at the principal entrance to the premises,
a sign visible from the exterior of the premises on which uppercase
letters shall be at least two (2) inches high and lowercase letters
at least one (1) inch high, which shall read as follows:
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THIS BUSINESS IS AN ADULT BUSINESS. ONLY PERSONS EIGHTEEN (18)
YEARS OF AGE OR OLDER SHALL BE PERMITTED ON THE PREMISES.
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THIS ADULT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF
WEBB CITY, ENTERTAINERS ARE:
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*
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress 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 the breasts, pubic region, buttocks or genitals of
said entertainer.
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*
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Not permitted to be nude, unclothed, or in less than opaque
attire, costume or clothing so as to expose to view any portion of
the breasts below the top of the areola, or any portion of the pubic
region, buttocks and/or genitals.
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*
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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—
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to the stage, or
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—
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While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand, or under the
entertainer's leg garter.
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CUSTOMERS ARE:
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*
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Not permitted to be upon the stage at any time.
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*
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
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7.
Lighting required.
a.
The
interior premises of all adult businesses shall be equipped with overhead
lighting of sufficient intensity to illuminate every place to which
customers are permitted access at an illumination of not less than
one (1) foot-candle, as measured at the floor level, and such illumination
must be maintained at all times that any customer or patron is present
in or on the premises.
b.
The
exterior premises of all adult businesses shall be equipped with overhead
lighting of sufficient intensity to illuminate every place to which
customers are permitted access at an illumination equivalent to not
less than one (1) foot-candle in all parking areas and on the general
grounds of the premises as measured at the ground level, and there
shall be illumination to the equivalent of not less than five (5)
foot-candles as measured at the ground level at each entrance and
doorway area, and such illumination must be maintained at all times
that any customer or patron is present on the premises.
8.
Closed booths or rooms prohibited.
a.
The
premises of all adult businesses shall be physically arranged in such
manner that the entire interior portions of the premises and of any
booths, cubicles, rooms or stalls are visible from a common area of
the premises. The use of video cameras to meet this requirement is
not allowed. Visibility shall not be blocked or obscured by doors,
curtains, drapes or any other obstruction whatsoever. "Adult video
viewing booths" are prohibited, whether or not the booth is visible
from a common area of the premises. The manager shall be required
to position himself or herself so as to be able to view the entire
interior portion of the premises while on duty.
b.
Only
one (1) person shall be allowed in any booth, cubicle or stall at
a time. Such booths, cubicles or stalls shall be constructed out of
metal or such other material that is incapable of perforation by any
customer, employee, entertainer, server or manager on the premises.
Other than the entryways, there shall be no openings, holes, access
doors or any other manner of accessibility between any booth, cubicle,
room or stall and any other booth, cubicle, room or stall.
9.
Ventilation and sanitation requirements. The premises of
all adult businesses shall be kept in a sanitary condition. Separate
dressing rooms and restrooms for men and women shall at all times
be maintained and kept in a sanitary condition.
10.
Hours of operation. No adult business may be open or in
use between the hours of twelve Midnight (12:00 A.M.) and ten A.M.
(10:00 A.M.) on any day other than a Sunday when the business may
not be open between the hours of twelve Midnight (12:00 A.M.) and
twelve noon (12:00 P.M.), or between the hours of twelve A.M. (12:00
A.M.) and eleven fifty-nine P.M. (11:59 P.M.) on public holidays as
defined in Section 9.010, RSMo.
11.
Facilities necessary. No adult business license to conduct
a bathhouse or body painting studio shall be issued unless an inspection
by an appropriate City Official reveals that the premises on which
the applicant intends to conduct such business complies with each
of the following minimum requirements:
a.
The
walls shall be clean and painted with washable, mold-resistant paint
in all rooms where water or steam baths are given or showers taken.
Floors shall be free from any accumulation of dust, dirt, or refuse.
All equipment used in the business' operation shall be maintained
in a clean and sanitary condition. Towels, linen, and items for personal
use of operators and patrons shall be clean and freshly laundered.
Towels, cloths, and sheets shall not be used for more than one (1)
patron. Heavy, white paper may be substituted for sheets provided
that such paper is changed for every patron. No activity related to
an adult business shall be carried on within any cubicle, room, booth,
or any area within any permitted establishment which is fitted with
a door capable of being locked.
b.
Toilet
facilities shall be provided in convenient locations. Toilets shall
be designated as to the sex accommodated therein.
c.
Lavatories
or wash basins provided with both hot and cold running water shall
be installed in either the toilet room or a vestibule. Lavatories
or wash basins shall be provided with soap in a dispenser and with
sanitary towels.
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An appropriate City Official shall certify that the proposed
business establishment complies with all of the requirements of this
Section and shall give or send such certification to the City Clerk.
Provided however, that nothing contained herein shall be construed
to eliminate other requirements of Statute or ordinance concerning
the maintenance of premises, nor to preclude authorized inspection
thereof. The appropriate City Official may recommend the issuance
of a license contingent upon the compliance with any requirements
in this Section.
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[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
Every
person, corporation, partnership, or association licensed under this
Chapter as an adult business shall post such license in a conspicuous
place and manner on the adult business premises.
B.
Every
person holding a server, manager or entertainer license shall post
his or her license in his or her work area on the adult business premises
so it shall be readily available for inspection by City authorities
responsible for enforcement of this Chapter.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
A manager
shall be on duty at any adult business at all times the premises is
open for business. The name of the manager on duty shall be prominently
posted during business hours.
B.
It shall
be the responsibility of the manager to verify that any person who
provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment server's license and that such licenses are prominently
posted.
C.
It shall
be the responsibility of the manager to insure persons under the age
of eighteen (18) do not enter upon the premises.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
All adult businesses shall permit representatives of the Police
Department or any other City Official acting in their official capacity
to inspect the premises as necessary to insure the business is complying
with all applicable regulations and laws.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
Whenever
the City Clerk has information that:
1.
The
owner or operator of an adult business or a holder of a manager, server
or entertainer license has violated or knowingly allowed or permitted
the violation of any of the provisions of this Chapter; or
2.
There
have been recurrent violations of provisions of this Chapter that
have occurred under such circumstances that the owner or operator
of an adult business knew or should have known that such violations
were committed; or
3.
The
adult business license or the manager, server or entertainer license
was obtained through false statements in the application for such
license, or renewal thereof; or
4.
The
adult business licensee or the manager, server or entertainer licensee
failed to make a complete disclosure of all information in the application
for such license, or renewal thereof; or
5.
The owner or operator or any partner or any corporate officer or director holding an adult business license has become disqualified from having a license by a conviction as provided in Section 630.080; or
6.
The holder of a manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 630.080; then the City Clerk shall make this information known to the City Council, which upon five (5) days' written notice to the person holding the license, shall conduct a public hearing to determine whether the license should be suspended or revoked. The City Council may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the City Council may take any of the following actions:
a.
Suspend
the license for up to ninety (90) days;
b.
Revoke
the license for the remainder of the license year; or
c.
Place
the license holder on administrative probation for a period of up
to one (1) year, on the condition that no further violations of the
Chapter occur during the period of probation. If a further violation
does occur and after a hearing the additional violation is determined
to have actually occurred, the license will be revoked for the remainder
of the license year.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
In any
instance in this Chapter wherein a hearing is required, the Governing
Body shall, after no less than ten (10) days' written notice to the
applicant or licensee, hold such hearing to ascertain all facts in
the matter.
B.
Notice
of such hearing shall be in writing and shall set forth the reason
for the hearing or the complaint against the licensee and shall be
served upon the licensee in person or by registered or certified mail
to the licensee's last known address. In the event that the Governing
Body is unable to serve the adult entertainment business licensee
in person, and any notice sent by mail is returned by the postal service,
the Governing Body shall cause such notice to be posted at the principal
entrance of the adult entertainment business and such posting shall
be a valid means of service.
C.
At such
hearing, an applicant or licensee shall have full right to be represented
by counsel, to produce witnesses and other evidence, and to cross-examine
all witnesses who appear against him or her. Oral evidence shall be
taken only upon oath or affirmation. All proceedings in such hearing
shall be recorded and transcribed as required by law. The Governing
Body may receive evidence relevant to the issues from the applicant
or licensee. Witnesses may be subpoenaed, and upon request of any
party, the Governing Body shall issue subpoenas, and in the proper
case, subpoenas duces tecum, which shall be served and returned as
in civil actions in Circuit Court.
D.
The Governing
Body shall issue findings of fact and conclusions of law, and an order
wherein it dismisses the complaint, or suspends or revokes the license
previously issued. The Governing Body's order shall be served upon
the applicant or licensee in person or by registered or certified
mail to the applicant's or licensee's last known address. In the event
that the Governing Body is not able to serve such order upon the licensee
or applicant for renewal license in the manner stated above, such
order may be served by posting such order at the principal entrance
of the adult entertainment business and such posting shall be a valid
means of service.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on June thirtieth
(30th) of each calendar year, and renewal applications for such licenses
shall be submitted between June fifteenth (15th) and June thirtieth
(30th).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
Following the entry of an order by the City Council suspending
or revoking a license issued pursuant to this Chapter, or the City
Clerk disapproving the renewal application for a license, such licensee
or applicant may seek judicial review in a manner provided by law.
The City Council may stay enforcement of such order for a period of
time not to exceed thirty (30) days pending the filing and/or final
disposition of proceedings for judicial review.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
It is unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not to exceed five hundred dollars ($500.00), or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with, any provision of this Chapter shall
constitute a separate and distinct offense.
[Ord. No. 09-7357 §1, 10-12-2009; Ord. No. 11-010 §1, 6-13-2011]
If any Section, Subsection, subdivision, paragraph, sentence,
clause or phrase in this Chapter, or the application thereof to any
circumstances, is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions
of this Chapter.
